2007 Regular Session
To: Local and Private; Finance
By: Senator(s) Browning, Bryan, Nunnelee, Gordon, Little, Pickering
AN ACT TO AUTHORIZE THE BOARDS OF SUPERVISORS OF PONTOTOC, UNION AND LEE COUNTIES TO PARTICIPATE WITH THE THREE RIVERS PLANNING AND DEVELOPMENT DISTRICT, INC., FOR THE PURPOSE OF ASSISTING THE DISTRICT IN ECONOMIC DEVELOPMENT IN THE COUNTIES SERVED BY THE DISTRICT; TO AUTHORIZE THE BOARDS OF SUPERVISORS OF PONTOTOC, UNION AND LEE COUNTIES TO LEVY A SPECIAL AD VALOREM TAX TO CARRY OUT THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Boards of Supervisors of Pontotoc, Union and Lee Counties are authorized to participate with the Three Rivers Planning and Development District, Inc.
SECTION 2. The following words and phrases shall have the meanings ascribed in this section:
(a) "District" means the Three Rivers Planning and Development District, Inc.
(b) "PUL Alliance" means an alliance of Pontotoc, Union and Lee Counties established under the Regional Economic Development Act (Section 57-64-1 et seq., Mississippi Code of 1972).
SECTION 3. The Boards of Supervisors of Pontotoc, Union and Lee Counties are authorized to participate with the district for the purpose of assisting the district in economic development in the counties served by the district.
SECTION 4. The Boards of Supervisors of Pontotoc, Union and Lee Counties shall have the following powers related to their participation with the district:
(a) To execute any contracts and other instruments and take any other action necessary or convenient to carry out the purposes of Section 3 of this act;
(b) To enter into agreements with the district regarding action to be taken by the boards of supervisors in carrying out the purposes of Section 3 of this act;
(c) To enter into leases for real property, as necessary or convenient to carry out the purposes of Section 3 of this act, for terms not to exceed forty (40) years; however, such leases shall be related to the purchase of real property for the initiatives of the PUL Alliance and a certificate of public convenience and necessity shall have been issued pursuant to Section 57-64-9, Mississippi Code of 1972, for a project related to the real property; and
(d) To do any and all things not otherwise prohibited by law, that are necessary, useful or convenient to aid and cooperate with the district and the PUL Alliance.
SECTION 5. (1) In addition to any other authority granted by law, the Boards of Supervisors of Pontotoc, Union and Lee Counties are authorized to annually levy a special ad valorem tax in an amount not to exceed two (2) mills on all taxable property within their county to carry out the provisions of this act. The tax shall be in addition to all other tax levies provided by law. Any millage imposed pursuant to this section shall be excluded from the ten percent (10%) increase limitation under Section 27-39-321, Mississippi Code of 1972, and any other limitation on the increase of ad valorem taxes. The taxes levied pursuant to this section shall be levied for specific purposes and shall cease to be levied when the debt of the district is eliminated for the specific purpose for which it was levied.
(2) Before the special ad valorem tax authorized by this act may be imposed or increased after it is initially imposed, the board of supervisors of the county that desires to impose or increase the tax shall adopt a resolution declaring its intention to levy the tax and setting forth the amount of such tax or its intention to increase the tax setting forth the amount of the increase. Notice of the proposed tax or increase shall be published once each week for at least three (3) consecutive weeks in a newspaper having a general circulation in the county. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed in the resolution on which the tax is to be imposed or increased, and the last publication of the notice shall be made not more than seven (7) days before such date. If, within the time of giving notice, twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the county file a written petition against the levy of the tax or the increase of the tax, then the special ad valorem tax shall not be levied or increased unless authorized by a majority of the qualified electors of the county, voting at an election to be called and held for that purpose.
SECTION 6. The Boards of Supervisors of Pontotoc, Union and Lee Counties are authorized to appropriate funds to the district from any available funds to assist the district in carrying out the provisions of this act.
SECTION 7. The Boards of Supervisors of Pontotoc, Union and Lee Counties, Mississippi, shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 8. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.