MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Local and Private

By: Senator(s) Chaney

Senate Bill 2973

(As Sent to Governor)

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF VICKSBURG, MISSISSIPPI, FOR A PROJECT TO WIDEN THE YAZOO DIVERSION CANAL, TO GIVE SATISFACTORY ASSURANCES TO THE UNITED STATES OF AMERICA THAT IT WILL PROVIDE, WITHOUT COST TO THE UNITED STATES, ALL LANDS, EASEMENTS AND RIGHTS-OF-WAY NECESSARY FOR THE CONSTRUCTION OF THE PROJECT, THAT IT WILL HOLD AND SAVE THE UNITED STATES FREE FROM DAMAGES DUE TO THE CONSTRUCTION OF THE WORKS AND THAT IT WILL MAINTAIN AND OPERATE ALL OF THE WORKS AFTER COMPLETION IN ACCORDANCE WITH REGULATIONS PRESCRIBED PURSUANT TO THE TERMS OF ANY FEDERAL LAW RELATING TO NAVIGATION OR TO NAVIGABLE STREAMS; TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF VICKSBURG, MISSISSIPPI, TO ACCEPT THE CONVEYANCE OF ANY LANDS, EASEMENTS AND RIGHTS-OF-WAY OVER AND ON BEHALF OF ANY LANDS THAT MAY BE BENEFITED BY THE MAINTENANCE OF SUCH PROJECT, TO ACCEPT ASSURANCES FROM LANDOWNERS WHOSE PROPERTY IS BENEFITED BY SUCH PROJECT, TO LEVY, ASSESS AND COLLECT SUCH TAXES ON THE AREA SO BENEFITED AS WILL BE NECESSARY, TO SAVE AND HOLD THE UNITED STATES FREE FROM ALL DAMAGES DUE TO THE CONSTRUCTION OF THE WORKS, TO MAINTAIN SUCH WORKS AFTER COMPLETION AND TO ACCEPT AGREEMENTS FOR LANDOWNERS BENEFITED BY SUCH PROJECT TO SAVE THE CITY HARMLESS ON ACCOUNT OF ASSURANCES GIVEN BY THE CITY TO THE UNITED STATES OF AMERICA; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  The governing authorities of the City of Vicksburg, Mississippi, are hereby authorized and empowered, for a project to widen the Yazoo Diversion Canal, to give satisfactory assurances to the United States of America, or any agency thereof, including the Secretary of Defense, that it will:

          (a)  Provide, without cost to the United States, all lands, easements and rights-of-way necessary for the construction of the project;

          (b)  Hold and save the United States free from damages due to the construction of the works; and

          (c)  Maintain and operate all of the works after completion in accordance with regulations prescribed pursuant to the terms of any federal law relating to navigation or to navigable streams.

     (2)  The governing authorities of the City of Vicksburg, Mississippi, are hereby authorized and empowered to accept the conveyance of any lands, easements and rights-of-way over and on behalf of any lands that may be benefited by the maintenance of such project, to accept assurances from landowners whose property is benefited by such project, to levy, assess and collect such taxes on the area so benefited as will be necessary, to save and hold the United States free from all damages due to the construction of the works, to maintain such works after completion and generally to accept agreements for landowners benefited by such project to save the city harmless on account of assurances given by the city to the United States of America, or any agency thereof, including the Secretary of Defense.

     SECTION 2.  This act shall take effect and be in force from and after its passage.