MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Local and Private Legislation

By: Representative Martinson

AN ACT TO AUTHORIZE THE CITY OF MADISON TO ENTER INTO AN AGREEMENT WITH BEAR CREEK WATER ASSOCIATION, INC., TO PROVIDE WATER, SEWERAGE AND OTHER SERVICES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) It is the purpose of this act to permit the City of Madison, Mississippi, and Bear Creek Water Association, Inc., a nonprofit corporation that provides water and sewerage services within Madison County, Mississippi, to make the most efficient use of their powers in order to upgrade their water and sewer systems for the purpose of improving local water, sewerage and other services to the citizens of the City of Madison and the members of Bear Creek Water Association, Inc.

(2) The governing authorities of the City of Madison, Mississippi, in their discretion, may enter into an agreement or agreements with Bear Creek Water Association, Inc., for the purpose of improving water, sewerage or other services to the citizens of the City of Madison or the members of Bear Creek Water Association, Inc., or both, on the basis of mutual advantage.

However, no agreement made by the City of Madison and Bear Creek Water Association, Inc., shall be entered into by either party without the approval, by resolution duly adopted and entered into the minutes of both parties, of the governing authorities of both the City of Madison and Bear Creek Water Association, Inc.

(3) Any power, authority or responsibility exercised or capable of being exercised by the governing authorities of the City of Madison in connection with the purposes of this act may be carried out jointly with the governing authorities of Bear Creek Water Association, Inc., including, but not limited to, the power and authority to apply for state and federal funds for the construction of a sewer disposal and treatment facility.

(4) Any agreement made under this act shall specify the following:

(a) The duration of the agreement.

(b) The purpose or purposes of the agreement.

(c) The precise organization, composition, nature and powers of any separate legal or administrative entity created by the agreement and the specific citation of statutory authority vested in each of the governing authorities of the City of Madison and Bear Creek Water Association, Inc., which citations are to be a part of the agreement.

(d) The manner of financing, staffing and supplying the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking period. The Treasurer and the Disbursing Officer of either the City of Madison or Bear Creek Water Association, Inc., or both, shall be designated in the agreement to receive, disburse and account for all funds of the joint undertaking as a part of the duties of the officer or officers.

(e) The permissible method or methods to be employed in accomplishing the partial or complete termination or amendment of the agreement and for disposing of property upon such partial or complete termination or amendment.

(f) The provision for administration, through a joint board or other appropriate means, of the joint or cooperative undertaking if the agreement does not establish a separate legal or administrative entity to conduct the joint or cooperative undertaking. If a joint board administers the undertaking, both the governing authorities of the City of Madison and Bear Creek Water Association, Inc., shall be represented equally.

(g) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking if the agreement does not establish a separate legal or administrative entity to conduct the joint or cooperative undertaking.

(h) Any other necessary and proper matters.

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