MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Local and Private Legislation

By: Representative Barnett (116th)

AN ACT TO AMEND CHAPTER 993, LOCAL AND PRIVATE LAWS OF 1994, AS AMENDED BY CHAPTER 916, LOCAL AND PRIVATE LAWS OF 1995, TO CLARIFY THE AUTHORITY OF THE CITY OF D'IBERVILLE RELATING TO THE JURISDICTION AND POWERS TO BE EXERCISED IN OPERATING THE FORMER D'IBERVILLE WATER AND SEWER SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. Chapter 993, Local and Private Laws of 1994, as amended by Chapter 916, Local and Private Laws of 1995, is amended as follows:

Section 1. The City of D'Iberville, Mississippi, acting by and through its governing authorities, is hereby authorized and empowered to assume the operation and maintenance of the D'Iberville Water and Sewer System; and, in connection therewith, such governing authorities are vested with the same jurisdictional boundaries and powers and authorities as the district and with the power to assume all liabilities, obligations, assets, duties and responsibilities of such district. The city shall have such powers and authority concerning the entire district and its facilities as are now or hereafter granted by law to municipalities concerning water and sewer systems, including the power to issue revenue bonds and pledge the net revenues from the operation of such facilities. The powers and authority of the City of D'Iberville to serve the entire area of the D'Iberville Water and Sewer System, as expanded before the city's assumption of such system, shall be identical to the powers and authority of the district in operating and maintaining the system, and the city shall be subject to regulation relating to the system only to the same extent as the district.

The City of D'Iberville shall sell to the West Jackson County Water and Sewer District that part of the D'Iberville Water and Sewer System lying outside of Harrison County at such time that the West Jackson County Water and Sewer District can provide like service as is presently being provided by the D'Iberville Water and Sewer System.

Section 2. From and after the adoption by the governing authorities of the City of D'Iberville of a resolution assuming the liabilities, obligations, assets, duties and responsibilities of the D'Iberville Water and Sewer System as provided in Section 1 of this act, the board of commissioners of such system (as such board was established pursuant to Chapter 50, Laws of the First Extraordinary Session 1964; as amended by Chapter 890, Local and Private Laws of 1973; as amended by Chapter 973, Local and Private Laws of 1974; as amended by Chapter 962, Local and Private Laws of 1977; as amended by Chapter 835, Local and Private Laws of 1984; as amended by Chapter 922, Local and Private Laws of 1987) shall continue in existence only for the purpose of winding up the affairs of the district and for the purpose of taking all necessary steps to implement the resolution of the City of D'Iberville and its assumption of the district as provided for in this act. However, the commissioners of the D'Iberville Water and Sewer District shall not continue in existence for a period longer than thirty (30) days after the adoption of such resolution, except that the Board of Supervisors of Harrison County may extend the existence of the district for the purposes set forth in this section for up to two (2) additional thirty (30) day periods, after which the board of commissioners and the district shall be terminated and dissolved.

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