MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Local and Private Legislation

By: Representative Guice, Hamilton (109th), Parker, Read, Wells-Smith, Zuber

House Bill 1767

(As Passed the House)

AN ACT TO AUTHORIZE THE JACKSON COUNTY BOARD OF SUPERVISORS TO DO ANY AND ALL ACTS NECESSARY TO PROVIDE AND IMPROVE WATER OR SEWER SERVICES TO JACKSON COUNTY, MISSISSIPPI.

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

     SECTION 1.  The purpose of this act is to authorize and empower the Jackson County Board of Supervisors to help provide and enhance water and sewer services to Jackson County, Mississippi.

     SECTION 2.  Jackson County, Mississippi, may help construct, acquire, improve, extend and maintain water and/or sewer lines anywhere within the county for the purpose of enhancing or assisting in the provision of water, through existing water and sewer districts, to the residents or businesses within Jackson County and shall have the power of eminent domain to accomplish such purposes.  In addition, Jackson County, Mississippi, by and through the Jackson County Port Authority, shall in its discretion have authority and may wholesale water to any public or private entity.

     SECTION 3.  This act shall serve as authority for any private and/or public entity to cooperate with and/or contract with Jackson County in furtherance of the purposes set out in this act.  This act shall further serve as authorization for Jackson County for the purposes of obtaining either state or federal funds, and to execute legal certifications necessary to comply with any state or federal funding requirements so long as any systems constructed with such funds comply with Sections 1 and 2 of this act.

     SECTION 4.  Jackson County, Mississippi, is authorized to do all acts necessary and proper or convenient in the exercise of the powers granted under this act, and such act shall be liberally construed for the purposes set out in the act, and the powers granted being independent from any power granted to Jackson County or any municipality or district within the county by any general or local and private act of the Legislature.

     SECTION 5.  The authority granted under this act shall not be construed as authority for the Board of Superviosrs of Jackson County, Mississippi, to create a countywide utility district.  The creation of such a utility district is strictly prohibited under this act.

     SECTION 6.  If any provision of this act shall be held to be invalid by any court of competent jurisdiction, the remainder shall not be affected thereby.

     SECTION 7.  This act shall take effect and be in force from and after its passage.