Senate Bill 3217

(As Passed the Senate)

AN ACT TO ESTABLISH A SINGLE BOARD OF COMMISSIONERS TO GOVERN MULTIPLE UTILITY DISTRICTS IN JACKSON COUNTY, MISSISSIPPI, THAT PROVIDE WATER AND SEWER SERVICES IN SUCH COUNTY; TO AUTHORIZE EXISTING WATER AND SEWER DISTRICTS TO ELECT TO BE GOVERNED BY SUCH BOARD OF COMMISSIONERS; TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF COMMISSIONERS AND THE POWERS AND DUTIES OF THE BOARD OF COMMISSIONERS; AND FOR RELATED PURPOSES.

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

SECTION 1. The purpose of this act is to authorize one (1) governing authority to govern multiple utility districts in Jackson County, Mississippi, regardless of the conterminous nature of the separate utility districts. It is declared that the purpose of allowing one (1) board of commissioners to serve multiple utility districts is to eliminate much of the overhead and governing cost of establishing a utility district which often causes great economical hardship in smaller areas. By providing a more economical means of governing such districts, this act will help ensure the viability of such districts, thereby providing a better water supply system and a better wastewater and sewage treatment system and collection services to the residents of Jackson County, Mississippi, and providing ways and means to carry out and accomplish such purposes, thereby benefiting and making more valuable the lands within the district and the county and preserving and promoting the health, safety and convenience of the residents of the county.

SECTION 2. (1) Any utility district in Jackson County, Mississippi, created through the provisions of Sections 19-5-151 through 19-5-207 for the purposes of provision of water and sewer services, or any district created in Jackson County, Mississippi, through any local and private law of the State of Mississippi for the purposes of the provision of water and sewer services, may elect to join with other utility districts to be governed by a single board of commissioners.

(2) Once such a utility district is formed, the utility district may be governed with other utility districts in Jackson County, Mississippi, under a single board of commissioners.

(3) The Board of Supervisors of Jackson County shall appoint a board of commissioners to govern the utility districts as hereinafter set forth, and thereafter the powers of the utility districts shall be vested in and exercised by the board of commissioners. Initially, the board of commissioners of the district will consist of seven (7) members, with each participating utility district having at least one (1) representative. Once a new utility district is formed by resolution of the Board of Supervisors of Jackson County, at least one (1) representative from that district will be appointed and added to the board of commissioners within one (1) year of the date of formation of the new utility district.

Each commissioner appointed shall reside within the boundaries of a utility district and shall be a qualified elector of Jackson County. The recommendation for appointment shall be made by the member of the board of supervisors in whose district the utility district lies, and if the utility district lies in more than one (1) district, the recommendation shall be jointly made by the supervisor in whose district the utility districts lie.

The initial terms of the members of the board of commissioners shall be as follows: one (1) for a term of one (1) year, one (1) for a term of two (2) years, two (2) for a term of three (3) years, one (1) for a term of four (4) years, and two (2) for a term of five (5) years. Terms of succeeding commissioners shall be for five (5) years or until their successor is appointed and qualified.

(4) Notwithstanding the appointive authority granted to the Board of Supervisors of Jackson County in this act, its legal and actual responsibilities, authority and function, subsequent to the appointment of the board of commissioners to govern multiple utility districts, shall be specifically limited to the appointive function and any other responsibilities provided to it by law. The operation, management, abolition or dissolution of the district, and all other matters in connection therewith, shall be vested solely and only in the board of commissioners to the specific exclusion of the Board of Supervisors of Jackson County. Any abolition, dissolution or termination of the district shall be accomplished only by a two-thirds (2/3) vote of the board of commissioners. The board of commissioners shall have no power, jurisdiction or authority to abolish, dissolve or terminate any district while the district has any outstanding indebtedness of any kind or character. No member of the board shall hold public elective office while serving as a commissioner.

(5) The Board of Supervisors of Jackson County may vote to remove any commissioner from office by a majority vote for:

(a) The failure to attend at least one-half (1/2) of the regularly scheduled meetings of the board during any twelve-month period preceding the vote;

(b) For a violation of any statute that the board of supervisors determines, in its discretion, relates to the responsibilities of his office;

(d) For moving his residence outside the utility district he is representing.

(6) Upon the expiration of a commissioner's term of office the commissioner shall remain in office until such time as the board of supervisors appoints his successor and the successor takes office. Each member of the board of commissioners may be eligible for reappointment.

(7) Any vacancy in office may be filled by the board of supervisors for the unexpired term in the same manner as the original appointment.

SECTION 3. The board of commissioners shall organize by electing one (1) of its members as chairman and another as vice chairman. The chairman shall preside at all meetings of the board. The vice chairman shall act in the absence or disability of the chairman. The board of commissioners shall also elect a secretary and a treasurer and specify on the minutes the duties and obligations of both of these officers or, in the alternative, may hire some qualified person to perform these functions. The board of commissioners shall also appoint a general manager and other employees as they deem required to administer, manage and direct the affairs and business of the multiple districts subject to the policies, control and direction of the board of commissioners, or may contract for the provision of those services by any other public agency or person. The general manager, if any, shall give a bond executed by a surety company or companies authorized to do business in this state in the penal sum of Fifty Thousand Dollars ($50,000.00), payable to the districts conditioned upon the faithful performance of his duties and the proper accounting of all funds which may come into his hands as general manager. The proceedings and records of the board of commissioners shall be available for inspection as any other public records. The terms of all officers of the board of commissioners shall be for one (1) year from and after the date of election and shall run until their respective successors are elected and qualified. The board of commissioners shall adopt an official seal with which to attest the official acts and records of the board of commissioners and the multiple districts. A majority of the membership of the board of commissioners shall constitute a quorum. Except as otherwise required under this act, all official acts of the board of commissioners shall require a majority vote of the quorum.

SECTION 4. Upon express prior authorization of the multiple districts, each commissioner may receive a per diem of not to exceed Fifty Dollars ($50.00) per day for attending each day's meeting of the board of commissioners and for any actual and necessary expenses incurred; however, in no event shall a commissioner receive compensation for more than twenty-four (24) meetings per year.

SECTION 5. The powers granted to the multiple districts shall remain in effect and shall be exercised by and through the single board of commissioners, without limitation. This power includes the discretion to exclude wells that are used for agricultural purposes or other necessarily high-volume nonpotable uses from the requirement to connect to any utility district.

SECTION 6. This act shall be liberally construed for the purposes herein set out, the powers hereby granted being additional, cumulative and supplemental to any power granted to Jackson County or any municipality or district therein by any general or local and private act of the Legislature.

SECTION 7. If any provisions of this act shall be held to be invalid by any court of competent jurisdiction, the remainder of this act shall not be affected thereby.

SECTION 8. This act shall take effect and be in force from and after its passage.