MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Local and Private

By: Senator(s) Johnson (19th), Michel

AN ACT TO AUTHORIZE THE CITY OF MADISON, MISSISSIPPI, AND BEAR CREEKWATER ASSOCIATION, INC., TO ENTER INTO INTERLOCAL AGREEMENTS TO PROVIDE SEWERAGE AND OTHER SERVICES AND TO APPLY FOR STATE AND FEDERAL FUNDS FOR THE CONSTRUCTION OF A SEWER TREATMENT FACILITY; AND FOR RELATED PURPOSES.

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

SECTION 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; 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.; and to allow them to cooperate and contract with each other on the basis of mutual advantage.

SECTION 2. The governing authorities of the City of Madison and Bear Creek Water Association, Inc., may enter into an interlocal agreement or agreements, or other agreements or contracts for the purpose of improving water, sewerage or other services to the citizens of the City of Madison and/or the members of Bear Creek Water Association, Inc., on the basis of mutual advantage.

SECTION 3. No interlocal agreement or other agreement or contract made by the City of Madison and Bear Creek Water Association, Inc., shall be entered into by either the City of Madison or Bear Creek Water Association, Inc., without the approval by resolution on the minutes of the governing authorities of both the City of Madison and Bear Creek Water Association, Inc.

SECTION 4. 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 and for other related purposes.

SECTION 5. Any agreement made under the provisions of this act shall specify the following:

(a) Its duration.

(b) Its purpose or purposes.

(c) The precise organization, composition, nature and powers of any separate legal or administrative entity created thereby; 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 are a party of the agreement.

(d) The manner of financing, staffing and supplying the joint or cooperative undertaking and of establishing and maintaining a budget therefor; provided, that 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 in the event that the agreement does not or may not establish a separate administrative body or legal entity to conduct the joint or cooperative undertaking. In the case of a joint board, both the governing authorities of the City of Madison and Bear Creek Water Association, Inc., shall be equally represented.

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

(h) Any other necessary and proper matters.

SECTION 6. This act shall take effect and be in force from and after its passage.