MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Conservation and Water Resources
By: Representative Janus
AN ACT TO CREATE THE GULF REGION WATER UTILITY AUTHORITY; TO BRING FORWARD SECTIONS 49-17-301 THROUGH 49-17-353, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MISSISSIPPI GULF COAST REGIONAL WASTEWATER AUTHORITY ACT; TO BRING FORWARD SECTIONS 51-8-1 THROUGH 51-8-65, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE JOINT WATER MANAGEMENT DISTRICTS; TO BRING FORWARD SECTIONS 51-39-1 THROUGH 51-39-43, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE MISSISSIPPI STORM WATER MANAGEMENT DISTRICTS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. In accordance with the report of the Governor's Commission on Recovery, Rebuilding and Renewal, the Legislature finds that there is a need for consolidation of water, wastewater, and storm water services in order to reduce costs, promote resilience in the event of disaster, improve the quality of the natural environment, and improve the planning and delivery of quality services to all coastal residents. Thus, there is hereby created the Gulf Region Water Utility Authority (the "authority") within the counties of George, Hancock, Harrison, Jackson, Pearl River and Stone for the planning, acquisition, construction, maintenance, operation and coordination of user-funded water, storm water and wastewater systems in order to ensure protection of the waters of the state and to ensure the delivery of water, storm water and wastewater services to members within these counties. This act may be cited as the "Gulf Region Water Utility Authority Act."
SECTION 2. (1) In order to ensure the protection of the environment, in particular the waters of the state, the Mississippi Department of Environmental Quality (the "department"), is hereby empowered and authorized, in addition to any other powers heretofore granted, to develop a master plan, with input from all affected counties and municipalities within the boundaries of the authority, for the delivery of water, storm water and wastewater services for the areas within the counties of George, Hancock, Harrison, Jackson, Pearl River and Stone. The department is authorized to hire a contractor(s) to assist in the development of the master plan. Any proposed water, wastewater and storm water projects developed within the boundaries of the authority shall be approved by the department as being in compliance with the master plan. The authority shall assume control and amendment power of the master plan upon mutual agreement of the department and the authority, however, the department shall approve all water, wastewater and storm water plans funded by Hurricane Katrina Community Development Block Grant funds.
(2) The master plan shall include, at a minimum, the following:
(a) An inventory of the sources, composition and quantities, and quality of wastewater and storm water annually generated within the boundaries of the authority, and the source, composition and quality of drinking water currently available throughout the authority’s territory;
(b) An inventory of all existing facilities where wastewater is currently being managed, including the environmental suitability and operational history of each facility, and the remaining available permitted capacity for each facility;
(c) An inventory of existing potable water treatment and distribution systems within the boundaries of the authority. The inventory shall identify the entities engaging in treatment and distribution of potable water on a wholesale and retail basis;
(d) A strategy for achieving reduction of pollution to waters of the state by wastewater and storm water and to improve the quality and ensure the availability of potable water available to the residents within the boundaries of the authority;
(e) A projection of wastewater and storm water generated within the boundaries of the authority over the next twenty (20) years and a projection of the potable water needs of the area within the boundaries of the authority within the next twenty (20) years;
(f) An identification of the additional facilities, including an evaluation of alternative treatment and management technologies, and the amount of additional capacity needed to manage the quantities projected in paragraph (e);
(g) An estimation of development, construction and operational costs;
(h) A plan for meeting any projected capacity shortfall, including a schedule and methodology for attaining the required capacity; and
(i) Prioritization of infrastructure.
SECTION 3. (1) Words and phrases used in this act shall have meanings as follows:
(a) "Act" means the Gulf Region Water Utility Authority Act as same is amended from time to time.
(b) "Authority" means the Gulf Region Water Utility Authority.
(c) "Board of directors" or "board" means the board of directors of the Gulf Region Water Utility Authority.
(d) "Bonds" means revenue bonds and interim notes having a maturity of three (3) years or less, and other certificates of indebtedness of the authority issued under the provisions of this act.
(e) "Costs of the project" means:
(i) All costs of site preparation and other start-up costs;
(ii) All costs of construction;
(iii) All costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, utility charges, permits, approvals, licenses and certificates and the securing of any permits, approvals, licenses and certificates and all machinery and equipment, including motor vehicles, which are used for project functions;
(iv) All costs of engineering, geotechnical, architectural and legal services;
(v) All costs of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project;
(vi) Administrative expenses; and
(vii) Any other expenses as may be necessary or incidental to the project financing.
(f) "Department" means the Mississippi Department of Environmental Quality.
(g) "Fiscal year" means the period of time beginning on July 1 of each year and ending on June 30 of each year.
(h) "Groundwater" means that water occurring beneath the surface of the ground.
(i) "Groundwater system" means a system for the drainage, conservation, development, utilization, impoundment, diversion, flowage, distribution and disposal of groundwater.
(j) "Master plan" means the plan for the six-county region related to current and future needs and involving the acquisition, construction, development, maintenance and operation of water, wastewater and storm water systems.
(k) "Municipality" means any incorporated city, town, or village of the State of Mississippi, whether operating under general law or under special charter, lying wholly or partly within the boundaries of the authority.
(l) "Person" means the State of Mississippi, a municipality as defined herein, any public agency as defined herein, or any other city, town, village or political subdivision or governmental agency, governmental instrumentality of the State of Mississippi or of the United States of America, or any private utility, individual, copartnership, association, firm, trust, estate or any other entity whatsoever.
(m) "Public agency" means any county, municipality, or person, as defined herein, lying wholly or partially within the boundaries of the authority, any state board or commission owning or operating properties within the boundaries of the authority, any district created pursuant to the general laws of the State of Mississippi or local and private laws of the State of Mississippi, including, but not limited to, the Harrison County Wastewater and Solid Waste Management District, the Mississippi Gulf Coast Regional Wastewater Authority in Jackson County, the Southern Regional Wastewater District in Hancock County, or any other political subdivision of the State of Mississippi lying wholly or partially within the boundaries of the authority and having the power to own and operate waterworks, water supply systems, sewerage systems, treatment facilities, sewage treatment systems, or other facilities or systems for the collection, transportation, and treatment of water, sewerage and wastewater.
(n) "Sewage treatment system" means a system for collecting, transferring, treating and disposing of waste, including, but not limited to, sewerage systems and treatment facilities, as these terms are defined in this act.
(o) "Sewerage system" means pipelines or conduits, canals, pumping stations and force mains, and all other structures, devices, facilities and appliances appurtenant thereto, used for collecting or conducting waste to an ultimate point for treatment.
(p) "Storm water" means rain runoff, snow runoff and surface water runoff.
(q) "System" means any plants, structures, facilities and other real and personal property used or useful in the collection of wastewater for ultimate discharge into trunk lines, including, without limiting the generality of the foregoing, sewers, conduits, pipelines, mains, pumping and ventilating stations, plants and works, connections and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the authority in connection therewith.
(r) "Treatment facilities" means any plant, treatment field, lagoon, pumping station, constructing drainage ditch or surface water intercepting ditch, canal, incinerator, area devoted to sanitary landfills or other works not specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing of waste or facilities to provide cooling water to collect, control and dispose of waste heat.
(s) "Treatment systems" means the collective or individual systems for collecting, transferring, treating and disposing of sewage, water, wastewater, and groundwater, or its particular individual substance, and including all treatment facilities, pipelines, conduits, pumping stations and all other structures, devices and appliances appurtenant thereto, including land and right-of-way thereto.
(t) "Trunk lines" means trunk sewers and other structures and facilities used or useful in the conducting of wastewater from collection facilities to treatment plants, including, without limiting the generality of the foregoing, conduits, pipelines, mains, pumping and ventilating stations and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the authority in connection therewith.
(u) "Wastewater" means water being disposed of by any person and which is contaminated with waste or sewage, including industrial, municipal, and any other wastewater that may cause impairment of the quality of the waters in the state.
(v) "Water supply system" means pipelines, conduits, pumping stations and all other structures, devices and appliances appurtenant thereto, including land and right-of-way thereto, for use for transporting water to a point of ultimate use.
(w) "Waterworks" means all works, plants or other facilities necessary for the purpose of collecting, storing, treating and transporting water for domestic, municipal, commercial, industrial, agricultural and manufacturing purposes, including open channels.
(2) Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, words and terms herein defined shall be equally applicable to the plural as well as the singular form of any such words and terms.
SECTION 4. (1) All powers of the authority shall be exercised by a board of directors to be composed of a total of nine (9) directors, all of whom shall be appointed by the Governor of the State of Mississippi, and none of whom shall be an elected official. Immediately upon passage of this act, the Governor shall appoint nine (9) individuals (one (1) residing in each county within the boundaries of the authority and three (3) at-large appointees who must reside in the six-county area) to serve on the board for the authority. Each of the nine (9) directors appointed by the Governor will serve at the will and pleasure of the Governor and may be removed at any time. The terms of the appointed directors shall be staggered. The initial terms of the board of directors shall be as follows: the George County director shall serve for one (1) year; the Hancock County director shall serve for two (2) years; the Harrison County director shall serve for three (3) years; the Jackson County director shall serve for four (4) years; the Pearl River County director shall serve for five (5) years; the Stone County director shall serve for six (6) years. The three (3) at large members shall serve for six (6) years. Thereafter, all terms shall be for a period of six (6) years. At the initial meeting of the board, the board shall elect a president and a vice president, and the board shall have the ability to appoint an executive director, secretary and treasurer. Thereafter, the board will annually at the last meeting of the fiscal year elect a president and vice president who shall serve in their respective offices for the next fiscal year. The directors shall serve without a salary but are entitled to receive a per diem.
(2) The president shall be the chief executive officer of the authority and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this act upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those officers. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), with sureties qualified to do business in this state, and the premiums on said bonds shall be an expense of such authority. Each such bond shall be payable to the State of Mississippi. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of such authority.
(3) Except for the election or appointment of officers, all business of the authority shall be transacted by a majority affirmative vote of the total membership of the board of directors. The quorum for any meeting of the board of directors shall be the majority of the total membership of the board of directors.
(4) Notwithstanding the provisions of Section 51-39-1 et seq., the authority shall have full power to adopt rules and regulations and to construct, maintain and operate facilities for the control of storm water quality and quantity. The provisions of Section 51-39-1 et seq., do not apply to the authority. The provisions of Section 51-33-1 et seq., relating to drainage districts and flood control districts do not apply to the authority.
SECTION 5. Membership in the authority shall be voluntary. Any county, municipality, public agency, or other person within the boundaries of the authority may become a member of the authority by passing a duly adopted resolution joining the authority and expressly stating that it is subject to the authority’s jurisdiction and power, with such resolution spread upon its official minutes.
SECTION 6. (1) The authority shall have the right and powers necessary to carry out the purposes of this act including, but not limited to:
(a) To sue and be sued, in its own name, provided that the authority shall not be liable and shall be immune from suit at law or in equity on account of any wrongful or tortious act or omission including libel, slander, or defamation by it, or any such act or omission by an employee of the authority, subject to and in accordance with the provisions of Sections 11-46-1 through 11-46-23;
(b) To adopt an official seal and alter the same at pleasure;
(c) To maintain office space at such place or places within the authority boundaries as it may determine;
(d) To plan, develop and construct collection facilities and/or treatment facilities for water, wastewater and storm water;
(e) To own/lease real or personal property to make, enforce, amend and repeal bylaws and rules for the management of its business;
(f) To charge and collect rates and fees;
(g) To accept any grant, gifts or loans;
(h) To borrow money and issue bonds;
(i) To invest money of the authority;
(j) To procure insurance;
(k) To employ consultants and/or attorneys;
(l) To enter on land and/or water for examination;
(m) To enter into contracts; and
(n) To exercise the power of eminent domain.
(2) (a) The authority shall have the power to acquire water and sewer trunk lines; build interceptor lines to existing infrastructure; maintain its systems for collection, transportation, and treatment of water, wastewater and storm water; and enter into contracts with persons for related purposes;
(b) The authority has the duty and responsibility to supervise the planning and acquisition of water, wastewater and storm water treatment systems and to adopt rules regarding same, including rules establishing performance standards;
(c) The authority shall have the power to manage and approve individual on-site wastewater treatment systems;
(d) The authority shall have the power to construct new and centrally located facilities and build new systems in unincorporated areas that have no service-area entity established;
(e) The authority shall have the power to, by agreement with municipalities, take over and administer city water, wastewater and storm water systems in municipalities that request to be relieved of that responsibility; however, the municipalities, rural water associations and independent utilities will maintain authority over connections in their service areas and may charge a premium in addition to the treatment charges of the regional authority, remaining responsible for collecting treatment fees from local residents and/or members;
(f) The authority shall have the power to coordinate funding from state, local, and federal sources;
(g) The authority shall have the power to provide a six-county contract for operation and maintenance of all plants and water wells;
(h) The authority shall have the power to provide service area functions such as bill collection and maintenance of lift stations that municipalities, counties, and public utility districts may voluntarily choose to transfer to the regional authority;
(i) The authority shall have the power to pass ordinances in the counties and cities in its six-county area imposing fees and requirements for transport lines;
(j) The authority shall have the power to enter into service agreements with municipalities, counties, rural water associations, and independent providers;
(k) The authority shall have the power to meter the amount of sewage transported to centralized or acquired facilities;
(l) The authority shall have the power to review and approve water and sewer connections in addition to any approvals required by the Department of Environmental Quality and the Department of Health; and
(m) The authority shall have the power to charge a monthly fee based upon an estimate of the amount of waste treated annually.
(3) The authority shall have the power to create, maintain and regulate reservoirs and to promulgate and enforce rules and regulations for the creation and maintenance of same.
(4) The authority shall have the ability to control and/or operate as part of its powers the local retail wastewater and sewerage services and may provide or be responsible for direct servicing of said services to any residences, businesses and/or individuals.
(5) The authority shall have the ability to acquire and rebuild existing private systems.
SECTION 7. Any public agency may enter into contracts with the authority, the terms of which the authority will manage, operate and contract for usage of its treatment systems and treatment facilities, or other services for said agency. The obligations of a public agency arising under the terms of any contract, whether or not payable solely from a pledge of revenues, shall not be included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contract and as advances for the respective systems or any part thereof subject to repayment by the authority. Such payments are not subject to approval by the Public Service Commission.
SECTION 8. (1) The authority is authorized and empowered to acquire water and sewer trunk lines; to acquire, construct, improve, enlarge, extend, repair, operate and maintain one or more of its systems used for the collection, transportation, and treatment of water, wastewater and storm water; and to make contracts with any person in furtherance thereof; and to make contracts with any person, under the terms of which the authority, within its designated area, to collect, transport, treat or dispose of water, wastewater and storm water for such person. The authority also may enter into contracts with any person to design and construct any water, wastewater or storm water treatment systems, or any other of its treatment facilities or systems and thereafter to purchase, lease or sell, by installments over such terms as may be deemed desirable, reasonable and necessary, or otherwise, any such system or systems. The authority is authorized to enter into operating agreements with any person, for such terms and upon such conditions as may be deemed desirable, for the operation of any water, wastewater or storm water treatment systems, or other of its treatment facilities or systems; and the authority may lease to or from any person, for such term and upon such conditions as may be deemed desirable, any water, wastewater or storm water, collection, transportation, treatment, or its other treatment facilities or systems. Any such contract may contain provisions requiring any public agency or other person to regulate the quality and strength of materials to be handled by the respective treatment system or systems and also may provide that the authority shall have the right to use any streets, alleys and public ways and places within the jurisdiction of a public agency or other person during the term of the contract.
(2) The authority shall have the duty and responsibility to exercise general supervision over the design, construction, operation and maintenance of water, wastewater or storm water treatment systems; to adopt rules governing the design, construction or installation, operation and maintenance of water, wastewater or storm water treatment systems; to adopt rules establishing performance standards for water, wastewater or storm water treatment systems and rules concerning the operation and maintenance of the same. All rules and regulations shall be consistent with the master plan developed by the Mississippi Department of Environmental Quality. Such rules and regulations may include the implementation of a standard application form for the installation, operation and maintenance of such treatment systems; application review; approval or denial procedures for any proposed system; inspection, monitoring, and reporting guidelines; and enforcement procedures.
(3) No owner, lessee, developer or person shall construct or place a residence, building, facility or development which may require the installation of a water, wastewater or storm water treatment system, nor shall any owner, lessee, developer or person design, construct or install such a system, without having first submitted a notice of intent to the authority. Upon receipt of the notice of intent, the board of directors shall provide the party giving notice with complete information regarding the rules, regulations and guidelines for the design, construction, installation, operation and maintenance of water, wastewater or storm water treatment systems. No water, wastewater or storm water treatment systems shall be installed without proof of the submission of the notice of intent required by this section and the approval of the same by the board of directors.
(4) Within ten (10) working days following the receipt of complete information as required by the rules, regulations and guidelines for the design, construction, installation, operation and maintenance of water, sewerage, wastewater and storm water treatment systems, as applicable, by an owner, lessee, developer or person of any lot or tract of land, the board of directors shall make recommendations to the owner, lessor, developer or person as to the type or types of systems suitable for installation and compatible with the existing treatment systems of the authority. Approval by the board of directors of any system is required before the installation, operation or maintenance of any system, and no owner, lessee, developer or person shall design, construct or install a system that does not comply with this act; however, the board of directors may grant variances from the requirements of this act as deemed necessary and appropriate. Any owner, lessee, developer or person responsible for the design, construction or installation of a system shall sign and file with the authority an affidavit that the system complies with this act as a part of the complete information filing required in this subsection (4).
(5) Nothing in this act shall preclude a professional engineer from providing services for the design, construction or installation of any water, sewerage, wastewater or storm water treatment systems. However, any such engineer shall notify the authority in writing of those services provided and shall stamp the appropriate documentation with that professional's seal certifying the approval of the board of directors of the design, construction and installation.
(6) Any system of any county, municipality, public agency or other persons which becomes connected with, or tied into, the treatment systems of the authority, shall be subject to its jurisdiction and the terms of this act.
SECTION 9. The authority, through its board of directors, in addition to any and all powers now or hereafter granted to it, is hereby empowered:
(a) To develop and maintain long-range planning for collection and treatment systems of water, wastewater, storm water and groundwater from within the areas encompassed by the authority and for pollution abatement.
(b) Any county, municipality, public agency or other person being a member agency, or being connected with, or tied into, the treatment systems of the collection, transportation and treatment may agree to use its respective eminent domain powers for the benefit of the authority and at the cost of the authority as set forth hereinafter in this paragraph (b) to acquire such property, easements, rights-of-way and other property interests as may be required and requested by the board of directors.
(c) The authority may reimburse or pay all costs, including professional fees, along with damages awarded in connection with the exercise of such eminent domain power to such member agency or other entity which has agreed to exercise its eminent domain powers under the terms of this act.
(d) The amount and character of interest in land, other property, and easements thus to be acquired shall be determined by the board of directors, and their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of such board in making such determination. However:
(i) In acquiring lands, either by negotiation or eminent domain through action of a member agency, the authority shall not acquire mineral rights or royalties, provided that sand and gravel shall not be considered as minerals within the meaning of this section;
(ii) No person or persons owning the drilling rights or the right to share in production shall be prevented from exploring, developing or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting such interests on any land or interest thereon of the authority held or used for the purposes of this act, but any such activities shall be subject to and secondary to such reasonable regulations by the board of directors as will adequately protect the systems of the authority contemplated by this act; and
(iii) In acquiring lands, either by negotiation or eminent domain through action of a member agency, the authority shall acquire only any interest or rights in such facilities, components and systems which are part of the master plan implemented by the authority.
(e) To acquire the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, gas pipelines and related facilities, or to require the anchoring or other protection of any of these, provided fair compensation is first paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the property being relocated or rerouted in connection with the purpose of this act.
(f) To enter into contracts with any person or any public agency, including, but not limited to, contracts authorized by Section 12 of this act, in furtherance of any of the purposes authorized by this act upon such consideration as the board of directors and such person may agree. Any such contract may extend over any period of time including a term which extends beyond the term of the then majority of the existing board members, notwithstanding any provision or rule of law to the contrary; may be upon such terms as the parties thereto shall agree; and may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of such bonds, and all other obligations specified therein are paid or terminated. Any such contract shall be binding upon the parties thereto according to its terms.
(g) To make and enforce, and from time to time amend and repeal, bylaws and rules and regulations for the management of its business and affairs and for the construction, use, maintenance and operation of any of the systems under its management and control and any other of its properties.
(h) To employ staff and other personnel, including attorneys, engineers and consultants as may be necessary to the functioning of the authority. The board of directors, in its discretion, may employ an executive director having the authority to employ and fire employees and other duties as determined by the authority.
(i) To apply for, accept and utilize grants, gifts, and other funds from any source for any purpose necessary in support of the purpose of this act.
(j) To establish and maintain rates and charges for the use of the services of such of the systems and facilities within the control of the authority, and within the areas encompassed by the authority, and from time to time to adjust such rates, to the end that the revenues therefrom will be sufficient at all times to pay the expenses of operating and maintaining such of its works, facilities and treatment systems and all of the municipality's obligations under any contract or bond resolution with respect thereto. Such rates shall not be subject to the jurisdiction of the Mississippi Public Service Commission.
(k) To adopt rules and regulations necessary to carry out the implementation of the master plan and to assure the payment of each participating person or public agency of its proportionate share of the costs for use of any of the systems and facilities of the authority.
(l) To refuse to receive waste from any public agency or subdivision thereof not currently using any system and which may be acquired or within the control of the authority, or any other person that does not comply with the provisions of the master plan applicable to the particular area within which such public agency or subdivision thereof or any other person is located.
(m) To accept industrial wastewater from within the boundaries of the authority for treatment and to require the pretreatment of same when, in the opinion of the authority, such pretreatment is necessary.
(n) To adopt all necessary and reasonable rules and regulations to carry out and effectuate any waste treatment systems or treatment system control plan of the authority as adopted for the areas encompassed by the authority, as contractually authorized.
(o) So long as any indebtedness on the systems of the authority remains outstanding, to require by contract with a public agency, or other person, that all water, wastewater and storm water within the boundaries of the authority be disposed of through the appropriate treatment system which comprise a part of the master plan, to the extent that the same may be available, but no public agency shall be precluded from constructing, operating and maintaining its own such system after the current indebtedness owing on the system as of the effective date of this act is paid in full.
(p) Assess and collect impact fees for future development.
SECTION 10. (1) Any public agency, pursuant to a duly adopted resolution of the governing authority of such public agency, may enter into contracts with the authority under the terms of which the authority, within its designated areas, will manage, operate, and contract for usage of its treatment systems and treatment facilities, or other services, for such person or public agency. Any public agency may also enter into contracts with the authority for the authority to purchase or sell, by installments over such terms as may be deemed desirable, or otherwise, to any person any treatment systems. Any public agency is authorized to enter into operating agreements with the authority, for such terms and upon such conditions as may be deemed desirable, for the operation of any of its treatment systems of any person by the authority or by any person contracting with the authority to operate such treatment systems; and any public agency may lease to or from the authority, for such term and upon such conditions as may be deemed desirable, any of its treatment systems. Any such contract may contain provisions requiring any public agency or other person to regulate the quality and strength of the material to be handled by the water, wastewater or storm water systems and may also provide that the authority shall have the right to use any streets, alleys and public ways and places within the jurisdiction of a public agency or other person during the term of the contract. Such contracts may obligate the public agency to make payments to the authority or to a trustee in amounts which shall be sufficient to enable the authority to defray the expenses of administering, operating and maintaining its respective systems, to pay interest and principal (whether at maturity upon redemption or otherwise) on bonds of the authority, issued under this act and to fund reserves for debt service, for operation and maintenance and for renewals and replacements, and to fulfill the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to the bonds of the authority issued under this act. Any public agency shall have the power to enter into such contracts with the authority as in the discretion of the governing authorities of the agency would be in the best interest of the agency. Such contracts may include a pledge of the full faith and credit of such public agency and/or the avails of any special assessments made by such public agency against property receiving benefits, as now or hereafter is provided by law. Any such contract may provide for the sale, or lease to, or use of by the authority, of the systems or any part thereof, of the public agency; and may provide that the authority shall operate its systems or any part thereof of the public agency; and may provide that any public agency shall have the right to continued use and/or priority use of the systems or any part thereof during the useful life thereof upon payment of reasonable charges therefor; and may contain provisions to assure equitable treatment of persons or public agencies who contract with the authority under this act; and may contain such other provisions and requirements as the parties thereto may determine to be appropriate or necessary. Such contracts may extend over any period of time, notwithstanding any provisions of law to the contrary, and may extend beyond the life of the respective systems or any part thereof or the term of the bonds sold with respect to such facilities or improvements thereto. Any public agency may donate property to the authority for the purposes herein without the necessity of appraisal, advertising or bid. This section creates an alternative method of disposal of public property. Any public agency may contribute case or in-kind contributions to assist the purposes of the authority. Any public agency may assist the authority in borrowing by lending its credit worthiness to the authority for any borrowing.
(2) The obligations of a public agency arising under the terms of any contract referred to in this act, whether or not payable solely from a pledge of revenues, shall not be included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable wholly or in part from the revenues and other monies derived by the public agency from the operation of its treatment systems or of its combined treatment systems, waterworks and water supply systems or any part thereof, such obligations shall be treated as expenses of operating such systems.
(3) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for the respective systems or any part thereof subject to repayment by the authority. A public agency may make such contributions or advances from its general fund or surplus fund or from special assessments or from any monies legally available therefor.
(4) Payments made, or to be made, to the authority by a public agency or other person under a contract for any of its treatment systems, or any part thereof, shall not be subject to approval or review by the Mississippi Public Service Commission.
(5) Subject to the terms of a contract or contracts referred to in this act, the authority is hereby authorized to do and perform any and all acts or things necessary, convenient or desirable to carry out the purposes of such contracts, including the fixing, charging, collecting, maintaining and revising of rates, fees and other charges for the services rendered to any user of any of the systems operated or maintained by the authority, whether or not such systems are owned by the authority.
(6) No provision of this act shall be construed to prohibit any public agency, otherwise permitted by law to issue bonds, from issuing bonds in the manner provided by law for the construction, renovation, repair or development of any of the authority's treatment systems, or any part thereof, owned or operated by such public agency.
SECTION 11. Whenever a public agency shall have executed a contract under this act and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's treatment systems, or any part thereof, or a combination of such systems, the duty is hereby imposed on the public agency to establish and maintain and from time to time to adjust the rates charged by the public agency for the services of such treatment systems, so that the revenues therefrom together with any taxes and special assessments levied in support thereof will be sufficient at all times to pay: (a) the expense of operating and maintaining such treatment systems including all of the public agency's obligations to the authority, its successors or assigns under such contract; and (b) all of the public agency's obligations under and in connection with revenue bonds theretofore issued, or which may be issued thereafter and secured by the revenues of such treatment systems. Any such contract may require the use of consulting engineers and financial experts to advise the public agency whether and when such rates are to be adjusted.
SECTION 12. (1) The authority shall have the power and is hereby authorized, from time to time, to borrow money and to issue revenue bonds and interim notes in such principal amounts as the authority may determine to be necessary to provide sufficient funds for achieving one or more of the purposes of this act, including, without limiting the generality of the foregoing, to defray all the costs of the project, the cost of the acquisition, construction, improvement, repair or extension of a system, or any part thereof, whether or not such facilities are owned by the authority, the payment of interest on bonds of the authority issued pursuant to this act, establishment of reserves to secure such bonds and payment of the interest thereon, expenses incident to the issuance of such bonds and to the implementation of the authority's system, and all other expenditures of the authority incident to or necessary or convenient to carry out the purposes of this act.
(2) Before issuing bonds (other than interim notes or refunding bonds as provided in Section 10 of this act) hereunder, the board of directors of the authority shall adopt a resolution declaring its intention to issue such bonds and stating the maximum principal amount of bonds proposed to be issued, a general generic description of the proposed improvements and the proposed location thereof and the date, time and place at which the board of directors proposes to take further action with respect to the issuance of such bonds. The resolution of the authority shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper having a general circulation within the geographical limits of all of the public agencies:
(a) Which have contracted with the authority pursuant to this act; and
(b) Whose contracts relate to the bonds proposed to be issued, (each member agency which meets all of the criteria set forth in (a) and (b) foregoing is hereinafter in this section referred to as "affected member agency," and, together with other such agencies, collectively referred to as the "affected member agencies"); provided, however, that if no newspaper has a general circulation within the geographical limits of all of the affected member agencies, then such resolution shall be published in as many different newspapers as may be required to provide general circulation of the publication of such resolution within the geographical limits of each affected member agency; and, provided further, that if no newspaper has a general circulation within the geographical limits of any particular affected member agency, then notice in such affected member agency shall be made by posting a copy of such resolution for at least twenty-one (21) days next preceding the date therein at two (2) public places within the geographical limits of such member agency. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution to direct the issuance of the bonds and the last publication shall be made not more than seven (7) days prior to such date. If twenty percent (20%) of the qualified electors residing in the authority or one thousand five hundred (1,500), whichever is lesser, shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as herein provided. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof at any time within a period of two (2) years after the date specified in the above-mentioned resolution. Where an election is to be called, notice of such election shall be signed by the president of the board of directors, and shall be published once a week for at least three (3) consecutive weeks in the same manner as publication of the resolution. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. The election shall be conducted by the election commissioners of the county in which the authority is located. Such election shall be held, as far as is practicable, in the same manner as other county special elections are held in the county where the authority is located. At such election, all qualified electors residing in the metropolitan area may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words "FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE," and the voter shall vote by placing a cross (X) or check mark (√) opposite his choice on the proposition. When the results of the election on the question of the issuance of such bonds shall have been canvassed by the election commissioners of the county in which the authority is located and certified by them to the board of directors of the authority, it shall be the duty of the board of directors of the authority to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the issuance of such bonds, and unless a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote thereon in such election vote in favor of the issuance of such bonds, then the board of directors may issue such bonds, either in whole or in part, within two (2) years after the date of the election or the date of the final favorable termination of any litigation affecting the issuance of such bonds.
(3) Bonds of the authority issued pursuant to this act shall be payable from and secured by a pledge of all or any part of the revenues under one or more contracts entered into pursuant to this act between the authority and one or more of its member public agencies and from all or any part of the revenues derived from the operation of any designated system or any part or parts thereof and any other monies legally available and designated therefor, as may be determined by such authority, subject only to any agreement with the purchasers of the bonds. Such bonds may be further secured by a trust indenture between such authority and a corporate trustee, which may be any trust company or bank having powers of a trust company without or within the state.
(4) Bonds of the authority issued pursuant to this act shall be authorized by a resolution or resolutions adopted by a majority affirmative vote of the total membership of the board of directors of the authority. Such bonds may be issued in series, and each series of such bonds shall bear such date or dates, mature at such time or times, bear interest at such rate or rates (not exceeding the maximum rate set out in Section 75-17-103, Mississippi Code of 1972), be in such denomination or denominations, be in such form, carry such conversion privileges, have such rank or priority, be executed in such manner and by such officers, be payable from such sources in such medium of payment at such place or places within or without the state, provided that one (1) such place shall be within the state, and be subject to such terms of redemption prior to maturity, all as may be provided by resolution or resolutions of the board of directors.
(5) Bonds of the authority issued pursuant to this act may be sold at such price or prices, at public or private sale, in such manner and at such times as may be determined by such authority to be in the public interest, and such authority may pay all expenses, premiums, fees and commissions which it may deem necessary and advantageous in connection with the issuance and sale thereof.
(6) Any pledge of earnings, revenues or other monies made by the authority shall be valid and binding from the time the pledge is made. The earnings, revenues or other monies so pledged and thereafter received by such authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against such authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(7) Neither the members of the board of directors nor any person executing the bonds shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
(8) Proceeds from the sale of bonds of the authority may be invested, pending their use, in such securities as may be specified in the resolution authorizing the issuance of the bonds or the trust indenture securing them, and the earnings on such investments applied as provided in such resolution or trust indenture.
(9) Whenever any bonds shall have been signed by the officer(s) designated by the resolution of the board of directors to sign the bonds who were in office at the time of such signing but who may have ceased to be such officer(s) prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the manual or facsimile signatures of such officer(s) upon such bonds shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially executing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.
(10) The authority has the discretion to advance or borrow funds needed to satisfy any short-term cash flow demands or deficiencies or to cover start-up costs until such time as sufficient bonds, assets and revenues have been secured to satisfy the needs of the authority.
SECTION 13. (1) The authority may by resolution adopted by its board of directors issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the board of directors deems to be in the public interest, without an election on the question of the issuance thereof. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders and the rights, duties and obligations of an authority in respect of the same shall be governed by the provisions of this act relating to the issue of bonds other than refunding bonds insofar as the same may be applicable. Any such refunding may be effected, whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations proposed to be refunded thereby, and regardless of whether the obligations proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.
(2) Borrowing by the authority may be made by the delivery of interim notes to any person or public agency or financial institution by a simple majority vote of the board of directors.
SECTION 14. All bonds (other than refunding bonds, interim notes and certificates of indebtedness, which may be validated) issued pursuant to this act shall be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, as amended from time to time; however, notice of such validation proceedings shall be addressed to the citizens of the State of Mississippi and the citizens of the respective member public agencies (a) which have contracted with the authority pursuant to this act, and (b) whose contracts and the payments to be made by the public agencies thereunder constitute security for the bonds of such authority proposed to be issued, and that such notice shall be published at least once in a newspaper or newspapers having a general circulation within the geographical boundaries of each of the member public agencies to whose citizens the notice is addressed and within the State of Mississippi. Such validation proceedings shall be instituted in any chancery courts within the boundaries of the authority. The validity of the bonds so validated and of the contracts and payments to be made by the public agencies thereunder constituting security for the bonds shall be forever conclusive against the authority and the public agencies which are parties to said contracts; and the validity of said bonds and said contracts and the payments to be made thereunder shall never be called in question in any court in this state.
SECTION 15. Bonds issued under the provisions of this act shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, an indebtedness of the authority or any member agency thereof. Such bonds shall be payable solely from the revenues or assets of the authority pledged therefor. Each bond issued under this act shall contain on the face thereof a statement to the effect that such authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor.
SECTION 16. The authority shall have power in connection with the issuance of its bonds to:
(a) Covenant as to the use of any or all of its property, real or personal.
(b) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof.
(c) Covenant to charge rates, fees and charges sufficient to meet operating and maintenance expenses, renewals and replacements, principal and debt service on bonds, creation and maintenance of any reserves required by a bond resolution, trust indenture or other security instrument and to provide for any margins or coverages over and above debt service on the bonds deemed desirable for the marketability of the bonds.
(d) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, as to the terms and conditions upon which such declaration and its consequences may be waived and as to the consequences of default and the remedies of the registered owners of the bonds.
(e) Covenant as to the mortgage or pledge of or the grant of a security interest in any real or personal property and all or any part of the revenues from any designated system or any part thereof or any revenue-producing contract or contracts made by such authority with any person to secure the payment of bonds, subject to such agreements with the registered owners of bonds as may then exist.
(f) Covenant as to the custody, collection, securing, investment and payment of any revenues, assets, monies, funds or property with respect to which such authority may have any rights or interest.
(g) Covenant as to the purposes to which the proceeds from the sale of any bonds then or thereafter to be issued may be applied, and the pledge of such proceeds to secure the payment of the bonds.
(h) Covenant as to the limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds.
(i) Covenant as to the rank or priority of any bonds with respect to any lien or security.
(j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the registered owners of bonds may be amended or abrogated, the amount of bonds the registered owners of which must consent thereto, and the manner in which such consent may be given.
(k) Covenant as to the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon, and the use and disposition of insurance proceeds.
(l) Covenant as to the vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers and duties in trust as such authority may determine.
(m) Covenant as to the appointing and providing for the duties and obligations of a paying agent or paying agents or other fiduciaries within or outside the state.
(n) Make all other covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the authority tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give any authority power to do all things in the issuance of bonds and in the provisions for security thereof which are not inconsistent with the Constitution of the state.
(o) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions, as any purchaser of the bonds of such metropolitanauthority may reasonably require.
SECTION 17. The authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the waterworks, water supply system or sewage disposal system the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such system fix charges for services of the system and enforce collection thereof, and receive all revenues derived from such system or facilities and perform the public duties and carry out the contracts and obligations of such authority in the same manner as such authority itself might do, all under the direction of such court.
SECTION 18. (1) The exercise of the powers granted by this act will be in all respects for the benefit of the people of the state, for their well-being and prosperity and for the improvement of their social and economic conditions, and the metropolitan authority shall not be required to pay any tax or assessment on any property owned by the authority under the provisions of this act or upon the income therefrom; nor shall any authority be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf.
(2) Any bonds issued by the authority under the provisions of this act, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
SECTION 19. All bonds issued under the provisions of this act shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
SECTION 20. The state hereby covenants with the registered owners of any bonds of any authority that so long as the bonds are outstanding and unpaid the state will not limit or alter the rights and powers of any authority under this act to conduct the activities referred to herein in any way pertinent to the interests of the bondholders including, without limitation, such authority's right to charge and collect rates, fees and charges and to fulfill the terms of any covenants made with the registered owners of the bonds, or in any other way impair the rights and remedies of the registered owners of the bonds, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security interest securing the bonds.
SECTION 21. The provisions of this act are cumulative of other statutes now or hereafter enacted relating to the issuance of bonds and systems; and to the design, construction, acquisition or approval of facilities for such purposes, and any public agency may exercise all presently held powers in the furtherance of this act.
SECTION 22. If any clause, sentence, paragraph, section or part of the provisions of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof directly involved in the controversy in which such judgment shall have been rendered.
SECTION 23. Section 49-17-161, Mississippi Code of 1972, is brought forward as follows:
49-17-161. Sections 49-17-161 through 49-17-209 shall be known and may be cited as the "Southern Regional Wastewater Management Act."
SECTION 24. Section 49-17-162, Mississippi Code of 1972, is brought forward as follows:
49-17-162. (1) The Southern Regional Wastewater Management District shall be the Waveland Regional Wastewater Management District and shall retain all powers and duties granted by law to the Waveland Regional Wastewater Management District.
(2) Wherever the term "Waveland Regional Wastewater Management District" appears in any law, it shall be construed to mean the Southern Regional Wastewater Management District.
SECTION 25. Section 49-17-163, Mississippi Code of 1972, is brought forward as follows:
49-17-163. (1) It is hereby found and declared that a critical health hazard to the residents of the State of Mississippi results from the pollution of the waters in the Mississippi Sound which is one (1) of the state's basic resources; that such pollution is adversely affecting the economy and growth of the state; and that such pollution is caused primarily by the operation of inadequate wastewater collection and treatment facilities within the counties bordering the Gulf of Mexico.
(2) It is further found and declared that it is in the public interest to foster and promote by all reasonable means the abatement of pollution of water in or bordering the state and thus to reduce and ultimately abate the menace to the public health and welfare resulting from such pollution; that the abatement of the pollution of the waters in the Mississippi Sound can best be accomplished through the establishment of regional wastewater management districts to provide for the planning and financing of adequate wastewater collection and treatment facilities for the benefit of all public agencies and other persons within those counties bordering the Gulf of Mexico, who desire by means of and through such districts to obtain such facilities; and that the establishment of a regional wastewater management district will serve to maximize the amount of federal aid and assistance which can be received for this pollution abatement effort.
(3) It is further found and declared that to aid in remedying these conditions, and to promote the development and operation of adequate wastewater collection and treatment facilities and thereby to abate such pollution, public bodies corporate and politic of the state may be created with authority to cause and assist in compliance with the standards of water quality established by the Mississippi Air and Water Pollution Control Law, appearing as Section 49-17-1 et seq., Mississippi Code of 1972, and by the Federal Water Pollution Control Act, appearing as 33 USCS 1251, as amended, regarding collection and treatment facilities located in the counties bordering the Gulf of Mexico; to plan, acquire, construct, finance, develop, own, operate or maintain wastewater collection and treatment facilities within said counties; and to apply and contract for and to accept grants-in-aid and other funds from the federal government and the state government and their agencies in this regard.
(4) The Legislature further finds that the authority and powers conferred under Sections 49-17-161 through 49-17-209 and the expenditure of public monies pursuant thereto constitute a valid public purpose; that the creation and establishment of the Southern Regional Wastewater Management District is necessary and essential to the accomplishment of the aforesaid purposes; that Sections 49-17-161 through 49-17-209 operate on a subject in which the state at large is interested; and that each of these matters are declared as a matter of express legislative determination.
SECTION 26. Section 49-17-165, Mississippi Code of 1972, is brought forward as follows:
49-17-165. Whenever used in Sections 49-17-161 through 49-17-209, the following words and terms shall have the following respective meanings unless a different meaning clearly appears from the context:
(a) "Act" means the Southern Regional Wastewater Management Act, as the same may be amended.
(b) "Bonds" means any bonds, interim certificates, notes or other evidences of indebtedness of the district issued under Sections 49-17-161 through 49-17-209.
(c) "Collection facilities" means any plants, structures, facilities and other real and personal property used or useful in the collection of wastewater for ultimate discharge into trunk lines, including, without limiting the generality of the foregoing, sewers, conduits, pipelines, mains, pumping and ventilating stations, plants and works, connections and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the district in connection therewith.
(d) "County" means Hancock County.
(e) "District" means the Southern Regional Wastewater Management District.
(f) "Management area" means all of the area lying within the territorial boundaries of Hancock County.
(g) "Person" means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision or public or private corporation.
(h) "Pollution" means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(i) "Public agency" means any incorporated city or town, county, political subdivision, governmental district or unit, public corporation or governmental agency created under the laws of the state, lying wholly or partially within the management area.
(j) "State" means the State of Mississippi.
(k) "Treatment facilities" means treatment plants and any related trunk lines.
(l) "Treatment plants" means any plants, structures, facilities and other real and personal property used or useful in the treating, neutralizing, stabilizing or disposing of wastewater, including, without limiting the generality of the foregoing plants, disposal fields and lagoons and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the district in connection therewith.
(m) "Trunk lines" means trunk sewers and other structures and facilities used or useful in the conducting of wastewater from collection facilities to treatment plants, including, without limiting the generality of the foregoing, conduits, pipelines, mains, pumping and ventilating stations and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the district in connection therewith.
(n) "Wastewater" means water containing sewage, industrial wastes, oil field wastes and other liquid, gaseous, solid, radioactive or other substances which may pollute or tend to pollute any waters of the state.
SECTION 27. Section 49-17-167, Mississippi Code of 1972, is brought forward as follows:
49-17-167. There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the "Southern Regional Wastewater Management District." The district shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions and the district shall be empowered in accordance with the provisions of Sections 49-17-161 through 49-17-209 to promote the health, welfare and prosperity of the general public.
SECTION 28. Section 49-17-169, Mississippi Code of 1972, is brought forward as follows:
49-17-169. (1) All powers of the district shall be vested in a board of directors which shall consist of the mayor of each city participating in the Southern Regional Wastewater Management District and the President of the Board of Supervisors of Hancock County. Each director may appoint a delegate to represent him at a meeting of the board.
(2) The board of directors may elect or appoint and prescribe the duties of such officers as the board of directors deems necessary or advisable, including an executive director and a secretary. The executive director, who, at the discretion of the board of directors, may also serve as secretary, shall be a person of good moral character and shall be a professional engineer registered in the State of Mississippi with a minimum of ten (10) years' recent practical experience in the management and administration of public works operations which may include, but is not limited to, supervision, public financing, regulatory codes and related functions as minimum qualifications to administer the programs and duties of the district. The executive director shall administer, manage and direct the affairs and business of the district, subject to the policies, control and direction of the board of directors. The executive director shall give bond executed by a surety company or companies authorized to do business in this state in the penal sum of Twenty-five Thousand Dollars ($25,000.00) payable to the district, conditioned upon the faithful performance of his duties and the proper accounting for all funds which may come into his hands as executive director. The secretary of the district shall keep a record of the proceedings of the district and shall be custodian of all books, documents and papers filed with the district, the minute book or journal of the district and its official seal. The secretary shall have authority to cause copies to be made of all minutes and other records and documents of the district and to certify under the seal of the district that such copies are true and accurate copies, and all persons dealing with the district may rely upon such certificates.
(3) Each director may receive as compensation a sum not to exceed One Hundred Dollars ($100.00) per month for attending meetings of the board of directors during that month and may receive reimbursement for actual and necessary expenses incurred in the performance of his duties upon express authorization of the board.
SECTION 29. Section 49-17-171, Mississippi Code of 1972, is brought forward as follows:
49-17-171. The district shall have all the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of Sections 49-17-161 through 49-17-209, including, but without limiting the generality of the foregoing, the right and power:
(a) To sue and be sued in its own name;
(b) To adopt an official seal and alter the same at pleasure;
(c) To maintain an office or offices at such place or places within the management area as it may determine;
(d) To plan, develop, acquire, construct, reconstruct, operate, own, manage, lease (as lessor or lessee), dispose of, participate in, maintain, repair, extend or improve one or more collection facilities or treatment facilities, whether or not such facilities are or are to be owned by the district;
(e) To acquire, own, hold, use, lease (as lessor or lessee), sell or otherwise dispose of, mortgage, pledge or grant a security interest in any real or personal property, contract commodity or service or interest therein;
(f) To make and enforce, and from time to time amend and repeal, bylaws and rules and regulations for the management of its business and affairs and for the use, maintenance and operation of any of its collection facilities or treatment facilities and any other of its properties, including, without limiting the generality of the foregoing, rules and regulations requiring the pretreatment of industrial wastes and requiring industrial users to pay the construction costs of facilities that are allocable to the treatment of industrial wastes to the extent attributable to any federal government share of such costs;
(g) To fix, charge, collect, maintain and revise rates, fees and other charges, including connection charges, for any services rendered by it to any person;
(h) To apply and contract for and to accept any grants or gifts or loans or appropriations of funds or property or financial or other aid in any form from the United States or any instrumentality thereof, or from the state or any instrumentality thereof, or from any source, public or private and to comply with and make agreements with respect to, the terms and conditions thereof, subject to any agreements with bondholders;
(i) To borrow money and to issue bonds for any of its purposes, to provide for and secure the payment thereof, and to provide for the rights of the holders thereof;
(j) To invest any monies of the district, including proceeds from the sale of any bonds, notwithstanding any law to the contrary, but subject to any agreements with bondholders, on such terms and in such manner as the district deems proper;
(k) To procure insurance against any loss in connection with its property, other assets and business in such amounts and from such insurers as it may deem necessary or desirable;
(l) To employ architects, engineers, attorneys, financial advisors and such other consultants as it deems proper and to fix and pay their compensation, and to appoint and retain such officers, agents and employees as it deems proper and to fix and pay their compensation;
(i) The employment of all professionals for project services shall be in strict accordance with current guidelines of the appropriate federal, state and local regulatory agencies and advertising for the procurement of such services in a local newspaper shall be mandatory. Preference may be given to the employment of regionally qualified professionals and such is to be encouraged.
(ii) Management contractor employed by the district shall not be eligible to compete for design, surveys, geotechnical and/or construction inspection services of any facilities to be developed by the district. The management contractor is to establish development criteria, priorities and administer quality control practices to insure compliance with the provisions of Sections 49-17-161 through 49-17-209.
(m) To enter on any lands, waters or premises for the purpose of making surveys, borings, soundings and examinations for the purposes of the district;
(n) To do and perform any acts and things authorized by Sections 49-17-161 through 49-17-209 under, through or by means of its officers, agents and employees, or by contracts with any person; and
(o) To enter into any and all contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the district, or to carry out any power expressly granted in Sections 49-17-161 through 49-17-209.
(p) To be exempted from the Mississippi Agency Review Law of 1978, as amended.
(q) To exercise the power of eminent domain for the particular purpose of the acquisition of property designated by plan to sufficiently accommodate the location of treatment plants or facilities, trunk lines and such requirements related directly thereto pursuant to the provisions of Chapter 27, Title 11, Mississippi Code of 1972.
SECTION 30. Section 49-17-173, Mississippi Code of 1972, is brought forward as follows:
49-17-173. (1) The district shall have the power to adopt and promulgate all reasonable rules and regulations regarding the specifications and standards relating to the construction, operation and maintenance of all collection facilities owned by any person who contracts with the district for the use or services of any treatment facilities either owned or operated by the district so as to cause compliance with the standards of water quality established by the Mississippi Air and Water Pollution Control Commission pursuant to the Mississippi Air and Water Pollution Control Law, and by any similar federal or state agency, and so as to effect the abatement of the pollution of the waters in the Mississippi Sound. The district shall also have the power to adopt and promulgate all reasonable rules and regulations regarding the specifications and standards relating to the construction, operation and maintenance of all treatment facilities either owned or operated by the district so as to cause compliance with the above-described standards of water quality and to effect the abatement of pollution of the waters in the Mississippi Sound. The district shall also have the power to adopt and promulgate all reasonable rules requiring mandatory connection to collection facilities by any person residing within the territorial boundaries of a public agency which contracts for use or services of treatment facilities or collection facilities owned or operated by the district, if the same is practicable, as determined by the district; in the event that the district determines that any such mandatory connection is not practical, then the district shall have the power to adopt and promulgate all reasonable rules and regulations regarding the specifications and standards relating to the construction, operation and maintenance of septic tanks by any person not required to so connect to such collection facilities so as to cause compliance with the above-described standards of water quality and to effect the abatement of pollution of the waters in the Mississippi Sound.
(2) All such rules and regulations prescribed by the district, after publication in a newspaper of general circulation in Hancock County, shall have the full force and effect of law, and violation thereof shall be punishable by a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00) as may be prescribed in such rules and regulations.
(3) In the event of a violation of any rule or regulation adopted by the district to cause compliance with the standards of water quality established by the Mississippi Air and Water Pollution Control Commission, or by any similar federal or state agency, or to effect the abatement of pollution of the waters in the Mississippi Sound, the district shall have authority to sue for and obtain damages or other appropriate relief, including injunctive relief.
(4) All such rules and regulations prescribed and the penalties fixed thereunder, by the authority of Sections 49-17-161 through 49-17-209 shall not conflict with or suspend any rules, regulations or penalties prescribed by general statute or the Mississippi Air and Water Pollution Control Commission. All fines and penalties levied and collected under Sections 49-17-161 through 49-17-209 shall be remitted and accounted for in accordance with the general statutes relating thereto.
SECTION 31. Section 49-17-175, Mississippi Code of 1972, is brought forward as follows:
49-17-175. (1) Any public agency may, pursuant to a duly adopted resolution of the governing body of such public agency, enter into contracts with the district for the district to (a) acquire, lease, improve, extend, operate or maintain the treatment facilities of the public agency; or (b) acquire or construct treatment facilities to be owned by the district for the furnishing of services to the public agency; including in each instance such contracts whereby the public agency is obligated to make payments in amounts which shall be sufficient to enable the district to meet its expenses, interest and principal payments (whether at maturity or upon sinking fund redemption) for its bonds, reserves for debt service, payments into funds for operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to its bonds. Such contracts may also contain such other terms and conditions as the district and the public agency may determine, including provisions whereby the public agency is obligated to make payments under such contract irrespective of whether or not use or services are rendered or whether or not the treatment facilities contemplated by such contracts are completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the use or services of such treatment facilities. Such contracts may be for a term covering the life of the treatment facilities or for any other term or for an indefinite period and may be made with or without consideration.
(2) Contracts referred to in this section may provide that the obligation of a public agency to make payments to the district with respect to certain treatment facilities is several, or is joint and several, with the obligations of other public agencies or other persons contracting with the district for the use or services of such treatment facilities; and, where the public agency's obligation is joint and several, then in the event any other public agency or other person defaults in his obligation, the public agency may be required to increase its payments to the district by a proportional amount, taking into consideration the remaining persons who are likewise contracting with the district and who are not in default.
(3) The obligations of a public agency arising under the terms of any contract referred to in this section, whether or not payable solely from revenues or solely from a pledge of ad valorem taxes as provided in Section 49-17-177 or any combination thereof, shall not be construed as being included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable solely from the revenues and other monies derived by the public agency from the operation of its treatment facilities or collection facilities or any combination thereof which are the subject of such contract, such obligations may be treated as expenses of operating such facilities.
(4) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for any treatment facilities subject to repayment by the district. A public agency may make such contributions or advances from its general fund or surplus fund or from any monies legally available therefor.
(5) Contracts referred to in this section may, in order to provide effective and prompt cooperation and coordination of any matters among persons contracting with the district and persons representing the district regarding treatment facilities, establish a coordinating committee of such persons. Such committee shall consist of one (1) representative selected by the district, who shall be the coordinating committee's chairman, and such other representatives from among the contracting parties as shall be provided for by the terms of the contract. Such coordinating committee shall have such rights and powers with respect to the subject matter of the contract as shall be provided for therein.
(6) Payments made or to be made to the district by a public agency or other person pursuant to a contract for the use or services of treatment facilities shall be determined by the method specified in such contract and shall not be subject to approval or review by the Public Service Commission.
SECTION 32. Section 49-17-177, Mississippi Code of 1972, is brought forward as follows:
49-17-177. Any public agency, other than a county, having taxing powers is hereby authorized to levy a special ad valorem tax upon all taxable property within its geographical limits in an amount necessary to pay all or a portion of the payments to be made by that public agency under contracts referred to in Sections 49-17-175 and 49-17-181 and if such contract of the public agency so provides, then the contract shall constitute an enforceable obligation against the taxing power of the public agency to the extent provided therein. Hancock County is hereby authorized to levy a special ad valorem tax upon all taxable property lying within any unincorporated area within its geographical limits in an amount necessary to pay all or a portion of the payments to be made by that county under contracts referred to in Sections 49-17-175 and 49-17-181 and if such contract of the county so provides, then the contract shall constitute an enforceable obligation against the taxing power of the county to the extent provided therein. For the purpose of Sections 49-17-161 through 49-17-209 and under the authority of Sections 49-17-161 through 49-17-209, the Southern Regional Wastewater Management District as an entity specifically is excluded from being an authorized taxing unit under the definition of a public agency.
The special ad valorem tax authorized by this section shall not be reimbursable by the state under the provisions otherwise made for reimbursements under the homestead exemption laws.
SECTION 33. Section 49-17-179, Mississippi Code of 1972, is brought forward as follows:
49-17-179. Whenever a public agency shall enter into a contract referred to in Section 49-17-175, and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's collection facilities or treatment facilities or any combination thereof, the duty is hereby imposed on the public agency to fix, establish and maintain, and from time to time adjust, the rates charged by the public agency for the services of such facilities to the end that the revenues from such facilities, together with any ad valorem taxes levied for such payments, will be sufficient at all times to pay: (a) the expense of operating and maintaining such facilities; (b) all of the public agency's obligations to the district under such contract; and (c) all of the public agency's obligations under and in connection with any outstanding bonds issued to finance in whole or in part such facilities.
SECTION 34. Section 49-17-181, Mississippi Code of 1972, is brought forward as follows:
49-17-181. (1) Any public agency may, pursuant to a duly adopted resolution of the governing body of such public agency, enter into contracts with the district for the district to (a) acquire, lease, improve, extend, operate or maintain the collection facilities of the public agency, or (b) acquire or construct collection facilities to be owned by the district for the furnishing of services to users located within the boundaries of the public agency. Such contracts may provide that the public agency is obligated to make payments in amounts which shall be sufficient to enable the district to meet its expenses, interest and principal payments (whether at maturity or upon sinking fund redemption) for its bonds, reserves for debt service, payments into funds for operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to its bonds. Such contracts may also contain such other terms and conditions as the district and the public agency may determine, including provisions whereby the public agency is obligated to make payments under such contract irrespective of whether or not use or services are rendered or whether or not the collection facilities contemplated by such contracts are completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the use or services of such treatment facilities. Such contracts may be for a term covering the life of the collection facilities or for any other term or for an indefinite period; and may be made with or without consideration and may provide that the amounts payable by the public agency to the district are in lieu of all or any part of the rates, fees and other charges which would otherwise be charged to and collected from the users of the collection facilities by the district.
(2) Subject to the terms of a contract referred to in this section, the district is hereby authorized to do and perform any and all acts or things necessary, convenient or desirable to carry out the purposes of such contracts, including the fixing, charging, collecting, maintaining and revising of rates, fees and other charges for the services rendered to any user of collection facilities operated or maintained by the district, whether or not such collection facilities are owned by the district.
(3) The obligations of a public agency arising under the terms of any contract referred to in this section, whether or not payable solely from revenues or solely from a pledge of special improvement assessments as provided in Section 49-17-183 or solely from a pledge of ad valorem taxes as provided in Section 49-17-177 or any combination thereof, shall not be construed as being included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable solely from the revenues and other monies derived by the public agency from the operation of its treatment facilities or collection facilities or any combination thereof which are the subject of such contract, such obligations may be treated as expenses of operating such facilities.
(4) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for any treatment facilities subject to repayment by the district. A public agency may make such contributions or advances from its general fund or surplus fund or from any monies legally available therefor.
(5) Payments made or to be made to the district by a public agency or other person pursuant to a contract for the use or services of treatment facilities shall be determined by the method specified in such contract and shall not be subject to approval or review by the Public Service Commission.
SECTION 35. Section 49-17-183, Mississippi Code of 1972, is brought forward as follows:
49-17-183. (1) Whenever a public agency shall enter into a contract referred to in Section 49-17-181, and subject to the terms of such contract, such agency, in its sole discretion, is authorized, in connection with the acquisition, construction, improvement or extension of collection facilities, to cause the cost of such acquisition, construction, improvement or extension (hereinafter in this section referred to as "the improvement") to be made wholly or in part at the cost of the property owners benefitted thereby by levying special improvement assessments as provided in this section.
(2) Whenever the governing body of the agency shall adopt a resolution declaring the necessity of the improvement and the need for special improvement assessments therefor, which resolution shall describe the entire area to be benefitted and the nature and extent of the improvement, the public agency shall publish such resolution once each week for three (3) successive weeks in a newspaper having general circulation within the county in which the improvement is to be located, and the public agency shall fix a date on which the governing body of the agency shall meet to hear any objections to or remonstrances with respect to the improvement.
(3) At the meeting scheduled to hear objections, or at a time and place to which the same may be adjourned, any person aggrieved may appear in person, by attorney or by petition and may object to or protest against the improvement or any part thereof. The governing body of the public agency shall consider the objections and protests, if any, and may confirm, amend, modify or rescind its resolution of necessity, and shall determine whether the improvement shall be made and how the cost thereof shall be paid. The determination of the governing body of the public agency shall be final and conclusive; provided, however, that if a majority of property owners owning more than fifty percent (50%) of the front footage of the property involved, and actually residing on or occupying said property, shall file a protest with the clerk of the chancery court of the county in which the improvement is to be located not later than thirty (30) days following such meeting, then the improvement shall not be made.
(4) The resolution of the governing body of the public agency determining to proceed with the improvement may direct that the cost of the improvement, or such part as the agency shall determine, shall be a charge upon the property benefitted. Said resolution shall define the entire area to be benefitted by the improvement and shall direct that the cost to be assessed against each lot or parcel of land shall be determined by dividing the entire cost thereof by the total number of front feet fronting on all the streets embraced within the improvement area, and multiplying the quotient by the number of feet of street frontage in any particular lot or parcel of land; provided, however, that with respect to each lot or parcel of land which fronts more than one (1) street embraced within the improvement area, there shall be excluded from the total number of feet fronting on all streets, and from the number of feet of street frontage in such lot or parcel of land, that number of feet equal to the street frontage fronting streets to which such lot or parcel of land will not connect to the improvements; and, provided further, that the public agency's determination regarding such exclusion shall be conclusive. The result thereof shall be assessed by the public agency as the amount of special improvement assessment against each lot or piece of ground for the owner's part of the cost of the improvement. The cost of the improvement may include, to the extent determined by the public agency, the expenses of the agency, interest on money borrowed for financing the improvement while the improvement is under construction and for one (1) year thereafter, all costs relating to the issuance of bonds by the district to finance the improvement, actual engineering and inspection costs and all other costs directly related to the improvement.
(5) At any time, as the public agency may determine, after the agency directs that the cost of the improvement, or any part thereof, shall be a charge upon the property benefitted, the public agency shall prepare, or cause to be prepared, a roll or list to be called the "assessment roll" showing the names of the property owners and opposite each name a description of each parcel of land. Such roll shall be entered in a well-bound book prepared for that purpose, which shall contain appropriate columns in which payments may be credited and which shall be known as the "assessment book." The public agency shall, upon its completion, deposit the assessment book with the clerk of the chancery court of the county in which the improvement is to be located, and such clerk shall keep the assessment book and preserve it as a public record. The entry in the assessment book of any assessment shall be and constitute notice to the public of the lien against the land so assessed and no other record or notice thereof shall be necessary to any person or corporation for that purpose. No error, omission or mistake in regard to the name of the owner shall be held to invalidate any assessment. After the assessment book has been delivered to such clerk of the chancery court, such clerk shall thereupon give a notice by publication in a newspaper of general circulation in the county in which the improvement is to be located that the assessment roll has been delivered to him and is open for inspection at his office and that at a time and place therein mentioned, not less than fifteen (15) days from the date of the first publication, the governing body of the public agency will meet to hear and determine any objection or defense.
(6) The owner of any property assessed for the improvement, or any party having an interest therein, may appear at the time and place fixed for the hearing and determining of any objection or defense, and object to the proposed assessment or the amount thereof. The public agency shall hear and determine all objections and protests to the proposed assessment, as a result of which the agency may alter, change or correct any assessment; provided, however, that no assessment shall be increased without notice to the owner of the property. The public agency shall, by resolution, approve and confirm all assessments as finally fixed and adjusted at said hearing, which assessments shall, from the date of such confirmation, constitute a lien upon the respective property upon which they are levied, superior to all other liens except those for state and county taxes. All persons who fail to object to the proposed assessment at said hearing shall be deemed to have consented to and approved the same. Any property owner aggrieved by the decision of the public agency may appeal to the chancery court for the county wherein his property is situated.
(7) All assessments levied under the provisions of this section shall become due and shall be paid to the tax collector of the county in which the improvement is to be located in full within ninety (90) days from the date of confirmation thereof. However, the governing body of the public agency may by resolution confer upon the property owners who admit the legality of the assessment the privilege of paying the assessment in not exceeding ten (10) equal installments with interest from the date of the confirmation at the same rate as that fixed in the bonds issued to finance the cost of the improvement. Any property owner who shall not have taken an appeal from the assessment, shall, upon failure to pay said assessment in full within ninety (90) days from the date of confirmation, be deemed to have elected to pay said assessment in installments as herein provided. Any property owner who has elected to pay his assessment in installments shall have the right at any time to pay the balance of the assessment against his property in full, but in so doing he shall be required to pay all interest which would have accrued thereon had same not been paid until its maturity.
(8) The public agency shall annually certify to the tax collector of the county in which the improvement is to be located, the annual installment of assessment due from each tract of land against which an assessment has been levied, together with the amount of the interest upon all unpaid installments at the same rate as that fixed in the bonds issued to finance the cost of the improvement. The collector shall thereupon enter upon the annual tax roll of the county, in a separate column, the amount of the installment and interest to be collected from each tract of land so assessed, and said collector shall collect said installment, together with the interest upon all unpaid installments, together with, and at the same time he collects, the annual county tax. Upon collection, said tax collector shall deposit such special improvement assessment with such depository as the public agency shall determine, and shall certify to the clerk of the chancery court in which the improvement is or is to be located the amount of such assessment paid by each property owner.
Upon collection, said tax collector shall deposit such special improvement assessment into a separate account with such depository as the public agency shall determine, and shall certify to the clerk of the chancery court in which the improvement is or is to be located the amount of such assessment paid by each property owner. The clerk of the chancery court shall then note such payments on the "assessment book." When an assessment is paid in full, or upon the payment of the last installment thereof, the clerk shall note on said "assessment book" opposite the assessment, "paid in full." Upon the payment of each installment an appropriate note thereof shall be made opposite such assessment on said book, so that the amount of the assessment against any property assessed under the provisions of this section which remains a lien upon said property may be determined by reference to the "assessment book."
(9) All assessments levied under the provisions of this section shall be enforced in the same manner in which the payment of other taxes in said county is enforced, and all statutes regulating the collection of other taxes in said county shall apply to the enforcement and collection of the assessments levied pursuant to this section.
(10) If the assessment first levied shall prove insufficient to complete the improvement, the governing body of the public agency shall thereupon by resolution duly adopted make another levy on the property previously assessed for a sum sufficient to complete the improvement, which shall be collected in the same manner as the first levy. Any property owner aggrieved by the decision of the public agency may appeal solely as to the amount of such assessment to the chancery court for the county wherein his property is situated. When any work has been begun under the provisions of Sections 49-17-161 through 49-17-209, which shall not be completed and paid for out of the first or other levy, it shall be the duty of the governing body of the public agency to make such levy for its completion, and from year to year until it is completed, provided that the total levy shall in no case exceed the value of the benefits assessed on said property. The performance of such duty may be enforced by mandamus at the instance of any person or board interested.
SECTION 36. Section 49-17-185, Mississippi Code of 1972, is brought forward as follows:
49-17-185. (1) The district shall have the power and is hereby authorized, from time to time, to issue bonds in such principal amounts as, in the opinion of the district, shall be necessary to provide sufficient funds for achieving any of its corporate purposes, including, without limiting the generality of the foregoing, the financing of the acquisition, construction, improvement or extension of collection facilities or treatment facilities, or any combination thereof, whether or not such facilities are owned by the district, the payment of interest on bonds of the district, establishment of reserves to secure such bonds, expenses incident to the issuance of such bonds and to the implementation of the district's programs, and all other expenditures of the district incident to or necessary or convenient to carry out its corporate purposes and powers.
(2) The district may issue such types of bonds as it may determine, subject only to any agreement with the holders of particular bonds, including bonds as to which the principal and interest are payable exclusively from all or a portion of the revenues derived from one or more collection facilities or treatment facilities pursuant to the contracts entered into by public agencies, and other persons pursuant to Section 49-17-175 or 49-17-181, or any combination of any of the foregoing, or which may be secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds or monies of the district from any source whatsoever.
(3) Bonds shall be authorized by a resolution or resolutions of the district. Such bonds shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner and by such officers, be payable from such sources in such medium of payment at such place or places within or without the state, provided that one (1) such place shall be within the state, be subject to such terms of redemption prior to maturity, all as may be provided by resolution or resolutions of the district.
(4) Any bonds of the district may be sold at such price or prices, at public sale, in such manner and at such times as may be determined by the district to be in the public interest, and the district may pay all expenses, premiums, fees and commissions which it may deem necessary and advantageous in connection with the issuance and sale thereof.
(5) It is the intention of the Legislature that any pledge of earnings, revenues or other monies made by the district shall be valid and binding from the time the pledge is made; that the earnings, revenues, or other monies so pledged and thereafter received by the district shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the district irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(6) Neither the directors of the district nor any person executing the bonds shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
(7) Whenever any bonds shall have been signed by the officers designated by the resolution of the district to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the manual or facsimile signatures of such officers upon such bonds and the coupons appertaining thereto, shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially executing such bonds had remained in the office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.
(8) (a) Before issuing bonds (other than interim certificates, notes, refunding bonds as provided in Section 49-17-187 or other evidences of indebtedness of the district) hereunder, the board of directors of the district shall adopt a resolution declaring its intention to issue such bonds and stating the principal amount of the bonds proposed to be issued and the date and time upon which the board of directors proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper having a general circulation within the geographical limits of all the public agencies (i) which have contracted with the district under the provisions of Sections 49-17-161 through 49-17-209, and (ii) whose contracts relate to the bonds proposed to be issued, and (iii) which are authorized by a law other than Sections 49-17-161 through 49-17-209 to hold elections (each public agency which meets all of the criteria set forth in (i), (ii) and (iii) foregoing is hereinafter in this section referred to as an "affected public agency," and, together with other such agencies, collectively referred to as the "affected public agencies"); provided, however, that if no newspaper has a general circulation within the geographical limits of all of the affected public agencies, then such resolution shall be published in as many different newspapers as may be required to provide general circulation of the publication of such resolution within the geographical limits of each affected public agency; and, provided further, that if no newspaper has a general circulation within the geographical limits of any particular affected public agency, then notice in such affected public agency shall be made by posting a copy of such resolution for at least twenty-one (21) days next preceding the date therein at two (2) public places within the geographical limits of such public agency. If twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of each affected public agency shall file a written protest against the issuance of such bonds with the board of directors of the district on or before the date and time specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as hereinafter set forth in this section; provided, however, that in the event Hancock County is an affected public agency, then the qualified electors of such county shall mean the qualified electors of such county who reside within the unincorporated areas within Hancock County's geographical limits. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof at any time within a period of two (2) years after the date specified in the above-mentioned resolution. Nothing contained herein shall be construed to require the adoption or publication of a resolution of the kind described in this subsection, or to grant any right of protest or election, with respect to the issuance of interim certificates, notes, refunding bonds as provided in Section 49-17-187 or other evidences of indebtedness of the district.
(b) Where an election is to be called as provided in subsection (8)(a) of this section, the board of directors of the district shall give notice of such election to the governing body of each of the affected public agencies. The governing body of each affected public agency shall publish a notice of such election once a week for at least three (3) consecutive weeks in a newspaper having a general circulation within its respective geographical limits. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper has a general circulation within the geographical limits of any particular affected public agency, then notice in such affected public agency shall be made by posting a copy of such resolution for at least twenty-one (21) days next preceding the date therein at two (2) public places within the geographical limits of such public agency.
(c) The election provided for in subsection (8)(a) of this section shall be held in each of the affected public agencies, as far as practicable, in the same manner as other elections are held in such affected public agencies; provided, however, that in the event one or more affected public agencies have overlapping geographical limits, then such affected public agencies with overlapping geographical limits may provide for a consolidated election in such manner as their respective governing bodies may determine. At such election all qualified electors of each affected public agency may vote, and the ballots used at such election shall have printed thereon a brief statement of the principal amount and purpose of the proposed bond issue and the words "FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE," and the voters shall vote by placing a cross (x) or check mark (√) opposite his choice on the proposition; provided, however, that in the event Hancock County is an affected public agency, then the qualified electors of such county shall mean the qualified electors of such county who reside within the unincorporated areas within Hancock County's geographical limits.
(d) When the results of the election on the question of the issuance of such bonds as provided in this section shall have been canvassed by the respective election directors of the affected public agencies and certified by them to the board of directors of the district, it shall be the duty of the board of directors of the district to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in a majority number of the affected public agencies voted in favor of the issuance of such bonds, and unless a majority of the qualified electors who voted thereon in a majority number of the affected public agencies voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote thereon in a majority number of the affected public agencies vote in favor of the issuance of such bonds, then the board of directors of the district may issue such bonds, either in whole or in part, and if in part from time to time, within two (2) years from the date of such election or within two (2) years after the final favorable termination of any litigation affecting the issuance of such bonds, as shall be determined by the board of directors of the district.
SECTION 37. Section 49-17-187, Mississippi Code of 1972, is brought forward as follows:
49-17-187. The district may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the district deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders and the rights, duties and obligations of the district in respect of the same shall be governed by the provisions of Sections 49-17-161 through 49-17-209 relating to the issue of bonds other than refunding bonds insofar as the same may be applicable.
SECTION 38. Section 49-17-189, Mississippi Code of 1972, is brought forward as follows:
49-17-189. All bonds issued pursuant to Sections 49-17-161 through 49-17-209 may be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972. Such validation proceedings shall be instituted in the chancery court of the county in which the principal office of the district is located, but notice of such validation proceedings shall be published at least two (2) times in a newspaper of general circulation in Hancock County, the first publication of which in each case shall be made at least ten (10) days preceding the date set for validation.
SECTION 39. Section 49-17-191, Mississippi Code of 1972, is brought forward as follows:
49-17-191. Bonds issued under the provisions of Sections 49-17-161 through 49-17-209 shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, a debt, liability or obligation of the state, nor shall such bonds constitute a pledge of the full faith and credit of the state, but shall be payable solely from the revenues or assets of the district pledged therefor. Each bond issued under Sections 49-17-161 through 49-17-209 shall contain on the face thereof a statement to the effect that the district shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the full faith and credit and nor the taxing power of the state is pledged to the payment of the principal of or the interest on such bonds.
SECTION 40. Section 49-17-193, Mississippi Code of 1972, is brought forward as follows:
49-17-193. The district shall have power in connection with the issuance of its bonds to:
(a) Covenant as to the use of any or all of its property, real or personal.
(b) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof.
(c) Covenant to charge rates, fees and charges sufficient to meet operating and maintenance expenses, renewals and replacements, principal and debt service on bonds, creation and maintenance of any reserves required by a bond resolution, trust indenture or other security instrument and to provide for any margins or coverages over and above debt service on the bonds deemed desirable for the marketability of the bonds.
(d) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, as to the terms and conditions upon which such declaration and its consequences may be waived and as to the consequences of default and the remedies of bondholders.
(e) Covenant as to the mortgage or pledge of or the grant of a security interest in any real or personal property and all or any part of the revenues from any collection facilities or treatment facilities or any revenue-producing contract or contracts made by the district with any person to secure the payment of bonds, subject to such agreements with the holders of bonds as may then exist.
(f) Covenant as to the custody, collection, securing, investment and payment of any revenues, assets, monies, funds or property with respect to which the district may have any rights or interest.
(g) Covenant as to the purposes to which the proceeds from the sale of any bonds then or thereafter to be issued may be applied, and the pledge of such proceeds to secure the payment of the bonds.
(h) Covenant as to the limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds.
(i) Covenant as to the rank or priority of any bonds with respect to any lien or security.
(j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the holders of bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.
(k) Covenant as to the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon, and the use and disposition of insurance proceeds.
(l) Covenant as to the vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers and duties in trust as the district may determine.
(m) Covenant as to the appointing and providing for the duties and obligations of a paying agent or paying agents or other fiduciaries within or outside the state.
(n) Make all other covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the district tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give the district power to do all things in the issuance of bonds and in the provisions for security thereof which are not inconsistent with the Constitution of the state.
(o) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions, as any purchaser of the bonds of the district may reasonably require.
SECTION 41. Section 49-17-195, Mississippi Code of 1972, is brought forward as follows:
49-17-195. The district may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the bondholders of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The district may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such bondholders rights then such percentage of bondholders as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security instrument, may petition the chancery court of proper jurisdiction for the appointment of a receiver of the collection facilities or treatment facilities the revenues of which are pledged to the payment of the principal of and interest on the bonds held by such bondholders. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct, or operate and maintain such collection facilities or treatment facilities, fix, charge, collect, enforce and receive all revenues derived from such collection facilities or treatment facilities and perform the public duties and carry out the contracts and obligations of the district in the same manner as the district itself might do, all under the direction of such chancery court.
SECTION 42. Section 49-17-197, Mississippi Code of 1972, is brought forward as follows:
49-17-197. (1) The exercise of the powers granted by Sections 49-17-161 through 49-17-209 will be in all respects for the benefit of the people of the state, for their well-being and prosperity and for the improvement of their social and economic conditions, and the district shall not be required to pay any tax or assessment on any property owned by the district under the provisions of Sections 49-17-161 through 49-17-209 or upon the income therefrom; nor shall the district be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf.
(2) Any bonds issued by the district under the provisions of Sections 49-17-161 through 49-17-209, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
SECTION 43. Section 49-17-199, Mississippi Code of 1972, is brought forward as follows:
49-17-199. All bonds issued under the provisions of Sections 49-17-161 through 49-17-209 shall be legal investments for trustees, other fiduciaries, savings banks, trust companies, and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.
SECTION 44. Section 49-17-201, Mississippi Code of 1972, is brought forward as follows:
49-17-201. Whether or not any bonds of the district and interest coupons, if any, appertaining thereto would otherwise so qualify, such bonds and coupons are hereby made investment securities within the meaning and for all purposes of Article 8 of the Uniform Commercial Code as enacted in this state.
SECTION 45. Section 49-17-203, Mississippi Code of 1972, is brought forward as follows:
49-17-203. The state hereby covenants with the holders of any bonds of the district that so long as the bonds are outstanding and unpaid the state will not limit or alter the rights and powers of the district under Sections 49-17-161 through 49-17-209 to conduct the activities referred to herein in any way pertinent to the interests of the bondholders including, without limitation, the district's right to charge and collect rates, fees and charges and to fulfill the terms of any covenants made with bondholders, or in any other way impair the rights and remedies of the bondholders, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security instrument securing the bonds.
SECTION 46. Section 49-17-205, Mississippi Code of 1972, is brought forward as follows:
49-17-205. If the district finds and records on its minutes that the acquisition or construction of any collection facilities or treatment facilities, or any interest therein, or any portion thereof, or any property or any interest therein or any portion thereof, which is authorized by Sections 49-17-161 through 49-17-209 is available or can be acquired or contracted for, from or with only a single source, person, firm or corporation, then such acquisition or contract may be made or entered into without meeting the requirements of any law relating to acquisitions, purchases or contracts by competitive bids. If, after advertising for competitive bids as to other proposed purchases, acquisitions or contracts, only one (1) bid is received, the district may reject the bid and negotiate privately any purchase, contract or acquisition for a consideration not exceeding that proposed in the bid.
SECTION 47. Section 49-17-207, Mississippi Code of 1972, is brought forward as follows:
49-17-207. The district shall cause an audit of its books and accounts to be made at least once in each year by an independent certified public accountant and the cost thereof may be paid from any available monies of the district.
SECTION 48. Section 49-17-209, Mississippi Code of 1972, is brought forward as follows:
49-17-209. Sections 49-17-161 through 49-17-209 shall be deemed to provide an additional, alternative and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to any powers conferred by other laws on public agencies and not in derogation of any such powers now existing, provided, that insofar as the provisions of Sections 49-17-161 through 49-17-209 are inconsistent with the provisions of any other law, general, special or local, now in existence or hereafter (unless with specific reference to Sections 49-17-161 through 49-17-209), adopted, the provisions of Sections 49-17-161 through 49-17-209 shall be controlling.
Except as expressly provided in Sections 49-17-161 through 49-17-209, the actions contemplated hereby, other than the issuance and sale of bonds by the district but otherwise including without limitation the entering into of the contracts referred to in Section 49-17-175 and Section 49-17-181 by the district, the contracting public agencies and any other persons thereto, and the setting of rates, fees and charges by the district, may be taken without the obtaining of any authorization, approval or consent of the state or any political subdivision or any department, division, commission, board, bureau, agency or instrumentality of either thereof and without any other proceeding or the fulfilling of any other condition or the happening of any other thing, except as expressly provided in Sections 49-17-161 through 49-17-209.
SECTION 49. Section 49-17-301, Mississippi Code of 1972, is brought forward as follows:
49-17-301. Sections 49-17-301 through 49-17-353 shall be known and may be cited as the "Mississippi Gulf Coast Regional Wastewater Authority Act."
SECTION 50. Section 49-17-303, Mississippi Code of 1972, is brought forward as follows:
49-17-303. (1) It is found and declared that to promote the development and operation of adequate wastewater collection and treatment facilities, a public body corporate and politic of the state shall be created with authority to cause and assist in compliance with the standards of water quality established by the Mississippi Air and Water Pollution Control Law, appearing as Section 49-17-1 et seq., Mississippi Code of 1972, and by the Federal Water Pollution Control Act, appearing as 33 USCS 1251, as amended, regarding collection and treatment facilities located in the counties bordering the Gulf of Mexico; to plan, acquire, construct, finance, develop, own, operate or maintain wastewater collection and treatment facilities within said counties; and to apply and contract for and to accept grants-in-aid and other funds from the federal government and the state government and their agencies in this regard.
(2) The Legislature finds it to be necessary, in order to accomplish the objectives and purposes of the Gulf Coast Regional Wastewater Authority and the public agencies with which it contracts, for the Gulf Coast Regional Wastewater Authority and such public agencies, in the implementation of powers granted pursuant to Sections 49-17-301 through 49-17-353, to be authorized to engage in conduct which may be anticompetitive or contrary to prohibition of federal or state antitrust laws; and, accordingly, it is the intent and policy of Sections 49-17-301 through 49-17-353 to displace competition with respect to those powers authorized herein to be exercised by the Gulf Coast Regional Wastewater Authority and such public agencies.
(3) The Legislature further finds that the authority and powers conferred under Sections 49-17-301 through 49-17-353 and the expenditure of public monies pursuant thereto constitute a valid public purpose; that the creation and establishment of the Gulf Coast Regional Wastewater Authority is necessary and essential to the accomplishment of the aforesaid purposes; that Sections 49-17-301 through 49-17-353 operate on a subject in which the state at large is interested; and that each of these matters is declared as a matter of express legislative determination.
SECTION 51. Section 49-17-305, Mississippi Code of 1972, is brought forward as follows:
49-17-305. Whenever used in Sections 49-17-301 through 49-17-353, the following words and terms shall have the following respective meanings unless a different meaning clearly appears from the context:
(a) "Act" means this Mississippi Gulf Coast Regional Wastewater Authority Act, as the same may be amended.
(b) "Authority" means the Mississippi Gulf Coast Regional Wastewater Authority.
(c) "Bonds" means any bonds, interim certificates, notes or other evidences of indebtedness of the authority issued under Sections 49-17-301 through 49-17-353.
(d) "Collection facilities" means any plants, structures, facilities and other real and personal property used or useful in the collection of wastewater for ultimate discharge into trunk lines, including, without limiting the generality of the foregoing, sewers, conduits, pipelines, mains, pumping and ventilating stations, plants and works, connections and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the authority in connection therewith.
(e) "County" or "counties bordering on the Gulf of Mexico" means Hancock, Harrison or Jackson County.
(f) "Persons" means a natural person, public agency, state or other agency or institution thereof, any municipality, political subdivision, cooperative or public or private corporation, partnership, association or other entity of any nature whatsoever organized and existing under the laws of any state or of the United States or any instrumentality thereof, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation.
(g) "Pollution" means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(h) "Public agency" means any incorporated city or town, county, political subdivision, governmental district or unit, public corporation or governmental agency created under the laws of the state, lying wholly or partially within the territorial boundaries of the counties bordering on the Gulf of Mexico.
(i) "State" means the State of Mississippi.
(j) "Treatment facilities" means treatment plants and any related trunk lines.
(k) "Treatment plants" means any plants, structures, facilities and other real and personal property used or useful in the treating, neutralizing, stabilizing or disposing of wastewater, including, without limiting the generality of the foregoing plants, disposal fields and lagoons and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the authority in connection therewith.
(l) "Trunk lines" means trunk sewers and other structures and facilities used or useful in the conducting of wastewater from collection facilities to treatment plants, including, without limiting the generality of the foregoing, conduits, pipelines, mains, pumping and ventilating stations and any other real and personal property and rights therein necessary or useful or convenient for the purposes of the authority in connection therewith.
(m) "Wastewater" means water containing sewage, industrial wastes, oil field wastes and all other liquid, gaseous, solid, radioactive or other substances which may pollute or tend to pollute any waters of the state.
SECTION 52. Section 49-17-307, Mississippi Code of 1972, is brought forward as follows:
49-17-307. There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the "Mississippi Gulf Coast Regional Wastewater Authority." The authority shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions and the authority shall be empowered in accordance with the provisions of Sections 49-17-301 through 49-17-353 to promote the health, welfare and prosperity of the general public.
SECTION 53. Section 49-17-309, Mississippi Code of 1972, is brought forward as follows:
49-17-309. (1) All powers of the authority shall be vested in a board of commissioners which shall be composed, and whose members shall be selected, as follows:
(a) Initially, the board of commissioners shall be composed as follows:
(i) Within thirty (30) days of the effective date of Sections 49-17-301 through 49-17-353, the board of supervisors of each county and the governing body of each incorporated city or town lying within such county shall nominate one (1) person for appointment by the Governor to the board of commissioners.
(ii) Within thirty (30) days following such nomination, each such board of supervisors and such governing body of an incorporated city or town lying within said county shall certify in writing to the Governor the nominations of the individuals for appointment to the board of commissioners; provided, that each such board of supervisors or such governing body shall nominate only individuals who are residents of its respective county and who do not hold any elected public office or any position as a paid employee of any public agency.
(iii) Within fifteen (15) days of receiving such nominations, the Governor shall appoint to the board of commissioners of the authority each individual so nominated. Each member of the board of commissioners appointed as provided in subsection (1)(a) of this section shall remain in office until the time of reorganization of the board of commissioners as provided in subsection (1)(b) of this section.
(b) At such time as determined by the board of commissioners, but in no event later than one (1) year following the effective date of Sections 49-17-301 through 49-17-353, the board of commissioners shall adopt a resolution declaring the commencement of the reorganization of said board, which reorganization shall be as follows:
(i) Each member of the board of commissioners appointed by a board of supervisors of a county or by a governing body of an incorporated city or town which has not prior to the declaration of commencement of the reorganization of the board contracted with the authority under the provisions of Sections 49-17-301 through 49-17-353, shall have his or her term of office automatically terminated by operation of Sections 49-17-301 through 49-17-353 and no appointment of a successor shall thereafter be permitted, except as provided in subsection (1)(b)(iv) of this section.
(ii) Within thirty (30) days of the declaration of commencement of the reorganization of the board, the chairman of the board as reconstituted under the provision of subsection (1)(b)(i) of this section, shall certify the nomination in writing to the Governor of the individual members of the board of commissioners who were originally nominated by such board of supervisors or the governing body of an incorporated city or town lying within said county prior to its reconstitution and who are selected for removal from the board of commissioners.
(iii) Within fifteen (15) days of receiving the nominations for removal made in accordance with subsection (1)(b)(ii) of this section, the Governor shall dismiss from office each individual member of the board of commissioners of the authority so nominated. The Governor shall thereupon establish staggered terms of office for the remaining members of the board of commissioners; provided, however, that each term of office shall be not less than two (2) years, nor more than six (6) years and the terms of all offices with respect to each such county shall be staggered over time as evenly as practicable, as shall be determined by the Governor. Each member shall remain in office for the period of such member's term and until a successor shall be duly appointed and qualified.
(iv) The number of members of the board of commissioners shall be increased by one (1) each time a county, or an incorporated city or town, which has not theretofore contracted with the authority enters into such a contract. Within fifteen (15) days following the entering into of said contract, the board of supervisors of the county, or the governing body of the incorporated city or town, entering into such contract shall nominate for appointment one (1) person to the board of commissioners for the county entering into such contract or in which such incorporated city or town is located. Within fifteen (15) days following the execution of such contract, the board of commissioners shall certify in writing to the Governor the individual nominated for appointment to the board of commissioners. The Governor shall appoint such individual so nominated to the board of commissioners of the authority within fifteen (15) days of receiving such certification. The Governor shall establish the term of office of such member of the board of commissioners in compliance with the provisions of subsection (1)(b)(iii) of this section regarding staggered terms.
(v) The successor of each member of the board of commissioners shall be nominated and appointed in the same manner provided in subsection (1)(b)(iv) of this section for the nomination and appointment of additional members, and shall serve a term of six (6) years, and for such period thereafter until a successor shall be duly appointed and qualified.
(c) Each member of the board of commissioners shall be eligible for reappointment. All vacancies shall be filled by nomination and appointment in the same manner provided in subsection (1)(b)(v) of this section for the appointment of successors, provided that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member may be removed at any time prior to the expiration of said member's term of office for misfeasance, malfeasance or willful neglect of duty, as determined by the Governor with the concurrence of the nominating public agency. Before assuming office, each member shall take and subscribe to the constitutional oath of office before a chancery clerk, and a record of such oath shall be filed with the Secretary of State. The board of commissioners shall annually select a chairman and a vice chairman from among its members.
(2) The board of commissioners shall elect or appoint and prescribe the duties of such officers as the board of commissioners deems necessary or advisable, including a general manager and a secretary. The general manager, who, at the discretion of the board of commissioners, may also serve as secretary, shall be a person of good moral character and shall be a person of proven ability as an administrator with a minimum of five (5) years' experience in the management and administration of a public works operation or comparable experience which may include, but is not limited to, supervision, public financing, regulatory codes and related functions as minimum qualifications to administer the programs and duties of the authority. The general manager shall administer, manage and direct the affairs and business of the authority, subject to the policies, control and direction of the board of commissioners. The general manager shall give 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 authority conditioned upon the faithful performance of his duties and the proper accounting for all funds which may come into his hands as general manager. The secretary of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents and papers filed with the authority, the minute book or journal of the authority and its official seal. The secretary shall have authority to cause copies to be made of all minutes and other records and documents of the authority and to certify under the seal of the authority that such copies are true and accurate copies, and all persons dealing with the authority may rely upon such certificates.
(3) Upon express, prior authorization of the authority, 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 each day spent in attending to the business of the authority and, in addition, may receive reimbursement for actual and necessary expenses incurred.
SECTION 54. Section 49-17-311, Mississippi Code of 1972, is brought forward as follows:
49-17-311. The authority shall have all the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of Sections 49-17-301 through 49-17-353, including, but without limiting the generality of the foregoing, the right and power:
(a) To sue and be sued in its own name;
(b) To adopt an official seal and alter the same at pleasure;
(c) To maintain an office or offices at such place or places within any county of the management area as it may determine;
(d) To plan, develop, acquire, construct, reconstruct, operate, own, manage, lease (as lessor or lessee), dispose of, participate in, maintain, repair, extend or improve one or more collection facilities or treatment facilities, whether or not such facilities are or are to be owned by the authority;
(e) To acquire, own, hold, use, lease (as lessor or lessee), sell or otherwise dispose of, mortgage, pledge or grant a security interest in any real or personal property, contract commodity or service or interest therein;
(f) To make and enforce, and from time to time amend and repeal, bylaws and rules and regulations for the management of its business and affairs and for the use, maintenance and operation of any of its collection facilities or treatment facilities and any other of its properties, including, without limiting the generality of the foregoing, rules and regulations requiring the pretreatment of industrial wastes and requiring industrial users to pay the construction costs of facilities that are allocable to the treatment of industrial wastes to the extent attributable to any federal government share of such costs;
(g) To fix, charge, collect, maintain and revise rates, fees and other charges, including connection charges, for any services rendered by it to any person;
(h) To apply and contract for and to accept any grants or gifts or loans or appropriations of funds or property or financial or other aid in any form from the United States or any instrumentality thereof, or from the state or any instrumentality thereof, or from any source, public or private and to comply with and make agreements with respect to, the terms and conditions thereof, subject to any agreements with bondholders;
(i) To borrow money and to issue bonds for any of its purposes, to provide for and secure the payment thereof, and to provide for the rights of the holders thereof;
(j) To invest any monies of the authority, including proceeds from the sale of any bonds, notwithstanding any law to the contrary, but subject to any agreements with bondholders, on such terms and in such manner as the authority deems proper;
(k) To procure insurance against any loss in connection with its property, other assets and business in such amounts and from such insurers as it may deem necessary or desirable;
(l) To employ architects, engineers, attorneys, financial advisors and such other consultants as it deems proper and to fix and pay their compensation, and to appoint and retain such officers, agents and employees as it deems proper and to fix and pay their compensation;
(i) The employment of all professionals for project services shall be in strict accordance with current guidelines of the appropriate federal, state and local regulatory agencies and advertising for the procurement of such services in a local newspaper shall be mandatory. Preference may be given to the employment of regionally qualified professionals.
(ii) The management contractor employed by the authority shall not be eligible to compete for design, surveys, geotechnical, and/or construction inspection services of any facilities to be developed by the authority. The management contractor is to establish development criteria, priorities and administer quality control practices to insure compliance with the provisions of Sections 49-17-301 through 49-17-353.
(m) To assume or continue any contractual or other business relationships entered into by the commission created pursuant to Chapter 437, Laws of 1979;
(n) To enter on any lands, waters or premises for the purpose of making surveys, borings, soundings and examinations for the purposes of the authority;
(o) To do and perform any acts and things authorized by Sections 49-17-301 through 49-17-353 under, through or by means of its officers, agents and employees, or by contracts with any person; and
(p) To enter into any and all contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the authority, or to carry out any power expressly granted in Sections 49-17-301 through 49-17-353, including, without limiting the generality of the foregoing, contracts with public agencies (and such public agencies are hereby also empowered to enter into such contracts with the authority) which may include provisions for exclusive dealing, fee payment requirements, territorial division, and other conduct or arrangements which may have an anticompetitive effect.
(q) To be exempted from the Mississippi Agency Review Law of 1978, as amended.
. (r) To exercise the power of eminent domain for the particular purpose of the acquisition of property designated by plan to sufficiently accommodate the location of treatment plants or facilities, trunk lines and such requirements related directly thereto pursuant to the provisions of Chapter 27, Title 11, Mississippi Code of 1972.
SECTION 55. Section 49-17-313, Mississippi Code of 1972, is brought forward as follows:
49-17-313. (1) The authority shall have the power to adopt and promulgate all reasonable rules and regulations regarding the specifications and standards relating to the construction, operation and maintenance of all collection facilities owned by any person who contracts with the authority for the use or services of any treatment facilities either owned or operated by the authority so as to cause compliance with the standards of water quality established by the Mississippi Air and Water Pollution Control Commission pursuant to the Mississippi Air and Water Pollution Control Law, and by any similar federal or state agency, and so as to effect the abatement of the pollution of the waters in the Mississippi Sound. The authority shall also have the power to adopt and promulgate all reasonable rules and regulations regarding the specifications and standards relating to the construction, operation and maintenance of all treatment facilities either owned or operated by the authority so as to cause compliance with the above-described standards of water quality and to effect the abatement of pollution of the waters in the Mississippi Sound. The authority shall also have the power to adopt and promulgate all reasonable rules requiring mandatory connection to collection facilities by any person residing within the territorial boundaries of a public agency which contracts for use or services of treatment facilities or collection facilities owned or operated by the authority, if the same is practicable, as determined by the authority; in the event that the authority determines that any such mandatory connection is not practical, then the authority shall have the power to adopt and promulgate all reasonable rules and regulations regarding the specifications and standards relating to the construction, operation and maintenance of septic tanks by any person not required to so connect to such collection facilities so as to cause compliance with the above-described standards of water quality and to effect the abatement of pollution of the waters in the Mississippi Sound.
(2) All such rules and regulations prescribed by the authority, after publication in a newspaper of general circulation in each county, shall have the full force and effect of law, and violation thereof shall be punishable by a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00) as may be prescribed in such rules and regulations.
(3) In the event of a violation of any rule or regulation adopted by the authority to cause compliance with the standards of water quality established by the Mississippi Air and Water Pollution Control Commission, or by any similar federal or state agency, or to effect the abatement of pollution of the waters in the Mississippi Sound, the authority shall have authority to sue for and obtain damages or other appropriate relief, including injunctive relief.
(4) All such rules and regulations prescribed and the penalties fixed thereunder, by the authority of Sections 49-17-301 through 49-17-353 shall not conflict with or suspend any rules, regulations or penalties prescribed by general statute or the Mississippi Air and Water Pollution Control Commission. All fines and penalties levied and collected under Sections 49-17-301 through 49-17-353 shall be remitted and accounted for in accordance with the general statutes relating thereto.
SECTION 56. Section 49-17-315, Mississippi Code of 1972, is brought forward as follows:
49-17-315. (1) Any public agency may, pursuant to a duly adopted resolution of the governing body of such public agency, enter into contracts with the authority for the authority to (a) acquire, lease, improve, extend, operate or maintain the treatment facilities of the public agency; or (b) acquire or construct treatment facilities to be owned by the authority for the furnishing of services to the public agency; including in each instance such contracts whereby the public agency is obligated to make payments in amounts which shall be sufficient to enable the authority to meet its expenses, interest and principal payments (whether at maturity or upon sinking fund redemption) for its bonds, reserves for debt service, payments into funds for operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to its bonds. If ten percent (10%) or fifteen hundred (1500), whichever is greater, of the qualified electors of any affected public agency shall file a written protest against entering into such contract with the authority on or before the date and time specified in such resolution, then an election on the question of entering into such contract shall be called and held as set forth in Section 49-17-325; provided, however, that in the event a county is an affected public agency, then the qualified electors of such county shall mean the qualified electors of such county who reside within the unincorporated areas within such county's geographical limits. If no such protest is filed, then such contracts may be issued without an election. Such contracts may also contain such other terms and conditions as the authority and the public agency may determine, including provisions whereby the public agency is obligated to make payments under such contract irrespective of whether or not use or services are rendered or whether or not the treatment facilities contemplated by such contracts are completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the use or services of such treatment facilities. Such contracts may be for a term covering the life of the treatment facilities or for any other term or for an indefinite period and may be made with or without consideration.
(2) Contracts referred to in this section may provide that the obligation of a public agency to make payments to the authority with respect to certain treatment facilities is several, or is joint and several, with the obligations of other public agencies or other persons contracting with the authority for the use or services of such treatment facilities; and, where the public agency's obligation is joint and several, then in the event any other public agency or other person defaults in his obligation, the public agency may be required to increase its payments to the authority by a proportional amount, taking into consideration the remaining persons who are likewise contracting with the authority and who are not in default.
(3) The obligations of a public agency arising under the terms of any contract referred to in this section, whether or not payable solely from revenues or solely from a pledge of ad valorem taxes as provided in Section 49-17-317 or any combination thereof, shall not be construed as being included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable solely from the revenues and other monies derived by the public agency from the operation of its treatment facilities or collection facilities or any combination thereof which are the subject of such contract, such obligations may be treated as expenses of operating such facilities.
(4) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for any treatment facilities subject to repayment by the authority. A public agency may make such contributions or advances from its general fund or surplus fund or from any monies legally available therefor.
(5) Contracts referred to in this section may, in order to provide effective and prompt cooperation and coordination of any matters among persons contracting with the authority and persons representing the authority regarding treatment facilities, establish a coordinating committee of such persons. Such committee shall consist of one (1) representative selected by the authority, who shall be the coordinating committee's chairman, and such other representatives from among the contracting parties as shall be provided for by the terms of the contract. Such coordinating committee shall have such rights and powers with respect to the subject matter of the contract as shall be provided for therein.
(6) Payments made or to be made to the authority by a public agency or other person pursuant to a contract for the use or services of treatment facilities shall be determined by the method specified in such contract and shall not be subject to approval or review by the Public Service Commission.
SECTION 57. Section 49-17-317, Mississippi Code of 1972, is brought forward as follows:
49-17-317. Any public agency, other than a county, having taxing powers is hereby authorized to levy a special ad valorem tax upon all taxable property within its geographical limits in an amount necessary to pay all or a portion of the payments to be made by that public agency under contracts referred to in Sections 49-17-315 and 49-17-321, and if such contract of the public agency so provides, then the contract shall constitute an enforceable obligation against the taxing power of the public agency to the extent provided therein. Any county is hereby authorized to levy a special ad valorem tax upon all taxable property lying within any unincorporated area within its geographical limits in an amount necessary to pay all or a portion of the payments to be made by that county under contracts referred to in Sections 49-17-315 and 49-17-321 and if such contract of the county so provides, then the contract shall constitute an enforceable obligation against the taxing power of the county to the extent provided therein. For the purpose of Sections 49-17-301 through 49-17-353 and under the authority of Sections 49-17-301 through 49-17-353, the Mississippi Gulf Coast Regional Wastewater authority as an entity specifically is excluded from being an authorized taxing unit under the definition of a public agency.
The special ad valorem tax authorized by this section shall not be reimbursable by the state under the provisions otherwise made for reimbursements under the homestead exemption laws.
SECTION 58. Section 49-17-319, Mississippi Code of 1972, is brought forward as follows:
49-17-319. Whenever a public agency shall enter into a contract referred to in Section 49-17-315, and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's collection facilities or treatment facilities or any combination thereof, the duty is hereby imposed on the public agency to fix, establish and maintain, and from time to time adjust, the rates charged by the public agency for the service of such facilities to the end that the revenues from such facilities, together with any ad valorem taxes levied for such payments, will be sufficient at all times to pay: (a) the expense of operating and maintaining such facilities; (b) all of the public agency's obligations to the authority under such contract; and (c) all of the public agency's obligations under and in connection with any outstanding bonds issued to finance in whole or in part such facilities.
SECTION 59. Section 49-17-321, Mississippi Code of 1972, is brought forward as follows:
49-17-321. (1) Any public agency may, pursuant to a duly adopted resolution of the governing body of such public agency, enter into contracts with the authority for the authority to (a) acquire, lease, improve, extend, operate or maintain the collection facilities of the public agency, or (b) acquire or construct collection facilities to be owned by the authority for the furnishing of services to users located within the boundaries of the public agency. Such contracts may provide that the public agency is obligated to make payments in amounts which shall be sufficient to enable the authority to meet its expenses, interest and principal payments (whether at maturity or upon sinking fund redemption) for its bonds, reserves for debt service, payments into funds for operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to its bonds. Such contracts may also contain such other terms and conditions as the authority and the public agency may determine, including provisions whereby the public agency is obligated to make payments under such contract irrespective of whether or not use or services are rendered or whether or not the collection facilities contemplated by such contracts are completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the use or services of such treatment facilities. Such contracts may be for a term covering the life of the collection facilities or for any other term or for an indefinite period and may be made with or without consideration; and may provide that the amounts payable by the public agency to the authority are in lieu of all or any part of the rates, fees and other charges which would otherwise be charged to and collected from the users of the collection facilities by the authority.
(2) Subject to the terms of a contract referred to in this section, the authority is hereby authorized to do and perform any and all acts or things necessary, convenient or desirable to carry out the purposes of such contract, including the fixing, charging, collecting, maintaining and revising of rates, fees and other charges for the services rendered to any user of collection facilities operated or maintained by the authority, whether or not such collection facilities are owned by the authority.
(3) The obligations of a public agency arising under the terms of any contract referred to in this section, whether or not payable solely from revenues or solely from a pledge of special improvement assessments as provided in Section 49-17-323 or solely from a pledge of ad valorem taxes as provided in Section 49-17-317 or any combination thereof, shall not be construed as being included within the indebtedness limitations of the public agency for the purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable solely from the revenues and other monies derived by the public agency from the operation of its treatment facilities or collection facilities or any combination thereof which are the subject of such contract, such obligations may be treated as expenses of operating such facilities.
(4) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for any treatment facilities subject to repayment by the authority. A public agency may make such contributions or advances from its general fund or surplus fund or from any monies legally available therefor.
(5) Payments made or to be made to the authority by a public agency or other person pursuant to a contract for the use or services of treatment facilities shall be determined by the method specified in such contract and shall not be subject to approval or review by the Public Service Commission.
SECTION 60. Section 49-17-323, Mississippi Code of 1972, is brought forward as follows:
49-17-323. (1) Whenever a public agency shall enter into a contract referred to in Section 49-17-321, and subject to the terms of such contract, such agency, in its sole discretion, is authorized, in connection with the acquisition, construction, improvement or extension of collection facilities, to cause the cost of such acquisition, construction, improvement or extension (hereinafter in this section referred to as "the improvement") to be made wholly or in part at the cost of the property owners benefitted thereby by levying special improvement assessments as provided in this section. Special improvement assessments as provided in this section shall not be levied to pay the cost in whole or in part of trunk lines, treatment plants or treatment facilities.
(2) Whenever the governing body of the agency shall adopt a resolution declaring the necessity of the improvement and the need for special improvement assessments therefor, which resolution shall describe the entire area to be benefitted and the nature and extent of the improvement, the public agency shall publish such resolution once each week for three (3) successive weeks in a newspaper having general circulation within the county in which the improvement is to be located, and the public agency shall fix a date on which the governing body of the agency shall meet to hear any objections to or remonstrances with respect to the improvement.
(3) At the meeting scheduled to hear objections, or at a time and place to which the same may be adjourned, any person aggrieved may appear in person, by attorney or by petition and may object to or protest against the improvement or any part thereof. The governing body of the public agency shall consider the objections and protests, if any, and may confirm, amend, modify or rescind its resolution of necessity, and shall determine whether the improvement shall be made and how the cost thereof shall be paid. The determination of the governing body of the public agency shall be final and conclusive; provided, however, that if a majority of property owners owning more than fifty percent (50%) of the front footage of the property involved, and actually residing on or occupying said property, shall file a protest with the clerk of the chancery court of the county in which the improvement is to be located not later than thirty (30) days following such meeting, then the improvement shall not be made.
(4) The resolution of the governing body of the public agency determining to proceed with the improvement may direct that the cost of the improvement, or such part as the agency shall determine, shall be a charge upon the property benefitted. "Property benefitted" as used in this section shall mean any real property which adjoins any portion of the collection facilities for which the special improvement assessment is to be made and which may, either in the present or the future, be serviced by such collection facilities in the collection of wastewater. Said resolution shall define the entire area to be benefitted by the improvement and shall direct that the cost to be assessed against each lot or parcel of land shall be determined by dividing the entire cost thereof by the total number of front feet fronting on all the streets embraced within the improvement area, and multiplying the quotient by the number of feet of street frontage in any particular lot or parcel of land; provided, however, that with respect to each lot or parcel of land which fronts more than one (1) street embraced within the improvement area, there shall be excluded from the total number of feet fronting on all streets, and from the number of feet of street frontage in such lot or parcel of land, that number of feet equal to the street frontage fronting streets to which such lot or parcel of land will not connect to the improvement; and, provided further, that the public agency's determination regarding such exclusion shall be conclusive. The result thereof shall be assessed by the public agency as the amount of special improvement assessment against each lot or piece of ground for the owner's part of the cost of the improvement. The cost of the improvement may include, to the extent determined by the public agency, the expense of the agency, interest on money borrowed for financing the improvement while the improvement is under construction and for one (1) year thereafter, all costs relating to the issuance of bonds by the authority to finance the improvement, actual engineering and inspection costs and all other costs directly related to the improvement.
(5) At any time, as the public agency may determine, after the agency directs that the cost of the improvement, or any part thereof, shall be a charge upon the property benefitted, the public agency shall prepare, or cause to be prepared, a roll or list to be called the "assessment roll" showing the names of the property owners and opposite each name a description of each parcel of land. Such roll shall be entered in a well-bound book prepared for that purpose, which shall contain appropriate columns in which payments may be credited and which shall be known as the "assessment book." The public agency shall, upon its completion, deposit the assessment book with the clerk of the chancery court of the county in which the improvement is to be located, and such clerk shall keep the assessment book and preserve it as a public record. The entry in the assessment book of any assessment shall be and constitute notice to the public of the lien against the land so assessed and no other record or notice thereof shall be necessary to any person or corporation for that purpose. No error, omission or mistake in regard to the name of the owner shall be held to invalidate any assessment. After the assessment book has been delivered to such clerk of the chancery court, such clerk shall thereupon give a notice by publication in a newspaper of general circulation in the county in which the improvement is to be located that the assessment roll has been delivered to him and is open for inspection at his office and that at a time and place therein mentioned, not less than fifteen (15) days from the date of the first publication, the governing body of the public agency will meet to hear and determine any objection or defense.
(6) The owner of any property assessed for the improvement, or any party having an interest therein, may appear at the time and place fixed for the hearing and determining of any objection or defense, and object to the proposed assessment or the amount thereof. The public agency shall hear and determine all objections and protests to the proposed assessment, as a result of which the agency may alter, change or correct any assessment; provided, however, that no assessment shall be increased without notice to the owner of the property. The public agency shall, by resolution, approve and confirm all assessments as finally fixed and adjusted at said hearing, which assessments shall, from the date of such confirmation, constitute a lien upon the respective property upon which they are levied, superior to all other liens except those for state and county taxes. All persons who fail to object to the proposed assessment at said hearing shall be deemed to have consented to and approved the same. Any property owner aggrieved by the decision of the public agency may appeal to the chancery court for the county wherein his property is situated.
(7) All assessments levied under the provisions of this section shall become due and shall be paid to the tax collector of the county in which the improvement is to be located in full within ninety (90) days from the date of confirmation thereof. However, the governing body of the public agency may by resolution confer upon the property owners who admit the legality of the assessment the privilege of paying the assessment in not exceeding ten (10) equal installments with interest from the date of the confirmation at the same rate as that fixed in the bonds issued to finance the cost of the improvement. Any property owner who shall not have taken an appeal from the assessment, shall, upon failure to pay said assessment in full within ninety (90) days from the date of confirmation, be deemed to have elected to pay said assessment in installments as herein provided. Any property owner who has elected to pay his assessment in installments shall have the right at any time to pay the balance of the assessment against his property in full, but in so doing he shall be required to pay all interest which would have accrued thereon had same not been paid until its maturity.
(8) The public agency shall annually certify to the tax collector of the county in which the improvement is to be located, the annual installment of assessment due from each tract of land against which an assessment has been levied, together with the amount of the interest upon all unpaid installments at the same rate as that fixed in the bonds issued to finance the cost of the improvement. The collector shall thereupon enter upon the annual tax roll of the county, in a separate column, the amount of the installment and interest to be collected from each tract of land so assessed, and said collector shall collect said installment, together with the interest upon all unpaid installments, together with, and at the same time he collects, the annual county tax. Upon collection, said tax collector shall deposit such special improvement assessment with such depository as the public agency shall determine, and shall certify to the clerk of the chancery court in which the improvement is or is to be located the amount of such assessment paid by each property owner.
Upon collection, said tax collector shall deposit such special improvement assessment into a separate account with such depository as the public agency shall determine, and shall certify to the clerk of the chancery court in which the improvement is or is to be located the amount of such assessment paid by each property owner. The clerk of the chancery court shall then note such payments on the "assessment book." When an assessment is paid in full, or upon the payment of the last installment thereof, the clerk shall note on said "assessment book" opposite the assessment, "paid in full." Upon the payment of each installment an appropriate note thereof shall be made opposite such assessment on said book, so that the amount of the assessment against any property assessed under the provisions of this section which remains a lien upon said property may be determined by reference to the "assessment book."
(9) All assessments levied under the provisions of this section shall be enforced in the same manner in which the payment of other taxes in said county is enforced, and all statutes regulating the collection of other taxes in said county shall apply to the enforcement and collection of the assessments levied pursuant to this section.
(10) If the assessment first levied shall prove insufficient to complete the improvement, the governing body of the public agency shall thereupon by resolution duly adopted make another levy on the property previously assessed for a sum sufficient to complete the improvement, which shall be collected in the same manner as the first levy. Any property owner aggrieved by the decision of the public agency may appeal solely as to the amount of such assessment to the chancery court for the county wherein his property is situated. When any work has been begun under the provisions of Sections 49-17-301 through 49-17-353, which shall not be completed and paid for out of the first or other levy, it shall be the duty of the governing body of the public agency to make such levy for its completion, and from year to year until it is completed, provided that the total levy shall in no case exceed the value of the benefits assessed on said property. The performance of such duty may be enforced by mandamus at the instance of any person or board interested.
SECTION 61. Section 49-17-325, Mississippi Code of 1972, is brought forward as follows:
49-17-325. (1) The authority shall have the power and is hereby authorized, from time to time, to issue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving any of its corporate purposes, including, without limiting the generality of the foregoing, the financing of the acquisition, construction, improvement or extension of collection facilities or treatment facilities, or any combination thereof, whether or not such facilities are owned by the authority, the payment of interest on bonds of the authority, establishment of reserves to secure such bonds, expenses incident to the issuance of such bonds and to the implementation of the authority's programs, and all other expenditures of the authority incident to or necessary or convenient to carry out its corporate purposes and powers.
(2) The authority may issue such types of bonds as it may determine, subject only to any agreement with the holders of particular bonds, including bonds as to which the principal and interest are payable exclusively from all or a portion of the revenues derived from one or more collection facilities or treatment facilities pursuant to the contracts entered into by public agencies, and other persons pursuant to Section 49-17-315 or 49-17-321, or any combination of any of the foregoing, or which may be secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds or monies of the authority from any source whatsoever.
(3) Bonds shall be authorized by a resolution or resolutions of the authority. Such bonds shall bear such date or dates, mature at such time or times, (either serially, term or a combination thereof), bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner and by such officers, be payable from such sources in such medium of payment at such place or places within or without the state, provided that one (1) such place shall be within the state, be subject to such terms of redemption prior to maturity, all as may be provided by resolution or resolutions of the authority.
(4) Any bonds of the authority may be sold at such price or prices, at public sale, in such manner and at such times as may be determined by the authority to be in the public interest, and the authority may pay all expenses, premiums, fees and commissions which it may deem necessary and advantageous in connection with the issuance and sale thereof.
(5) It is the intention of the Legislature that any pledge of earnings, revenues or other monies made by the authority shall be valid and binding from the time the pledge is made; that the earnings, revenues, or other monies so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(6) Neither the commissioners of the authority nor any person executing the bonds shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
(7) Whenever any bonds shall have been signed by the officers designated by resolution of the authority to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the manual or facsimile signatures of such officers upon such bonds and the coupons appertaining thereto, shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially executing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.
(8) (a) Before issuing bonds (other than interim certificates, notes, refunding bonds as provided in Section 49-17-327 or other evidences of indebtedness of the authority) hereunder, the board of commissioners of the authority shall adopt a resolution declaring its intention to issue such bonds and stating the principal amount of the bonds proposed to be issued and the date and time upon which the board of commissioners proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper having a general circulation within the geographical limits of all of the public agencies (i) which have contracted with the authority under the provisions of Sections 49-17-301 through 49-17-353, and (ii) whose contracts relate to the bonds proposed to be issued, and (iii) which are authorized by a law other than Sections 49-17-301 through 49-17-353 to hold elections (each public agency which meets all of the criteria set forth in (i), (ii) and (iii) foregoing is hereinafter in this section referred to as an "affected public agency," and, together with other such agencies, collectively referred to as the "affected public agencies"); provided, however, that if no newspaper has a general circulation within the geographical limits of all of the affected public agencies, then such resolution shall be published in as many different newspapers as may be required to provide general circulation of the publication of such resolution within the geographical limits of each affected public agency; and, provided further, that if no newspaper has a general circulation within the geographical limits of any particular affected public agency, then notice in such affected public agency shall be made by posting a copy of such resolution for at least twenty-one (21) days next preceding the date therein at two (2) public places within the geographical limits of such public agency. If ten percent (10%) or fifteen hundred (1500), whichever is greater, of the qualified electors of a majority number of the qualified electors of the affected public agencies shall file a written protest against the issuance of such bonds with the board of commissioners of the authority on or before the date and time specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as hereinafter set forth in this section; notwithstanding subsection (d) of this section, such election shall be determined by a majority vote of the qualified electors participating in such election; provided, however, that in the event a county is an affected public agency, then the qualified electors of such county shall mean the qualified electors of such county who reside within the unincorporated areas within such county's geographical limits. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof at any time within a period of two (2) years after the date specified in the above-mentioned resolution. Nothing contained herein shall be construed to require the adoption or publication of a resolution of the kind described in this subsection, or to grant any right of protest or election, with respect to the issuance of interim certificates, notes, refunding bonds as provided in Section 49-17-327 or other evidences of indebtedness of the authority.
(b) Where an election is to be called as provided in subsection (8)(a) of this section, the board of commissioners of the authority shall give notice of such election to the governing body of each of the affected public agencies. The governing body of each affected public agency shall publish a notice of such election once a week for at least three (3) consecutive weeks in a newspaper having a general circulation within its respective geographical limits. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper has a general circulation within the geographical limits of any particular affected public agency, then notice in such affected public agency shall be made by posting a copy of such resolution for at least twenty-one (21) days next preceding the date therein at two (2) public places within the geographical limits of such public agency.
(c) The election provided for in subsection (8)(a) of this section shall be held in each of the affected public agencies, as far as practicable, in the same manner as other elections are held in such affected public agencies; provided, however, that in the event one or more affected public agencies have overlapping geographical limits, then such affected public agencies with overlapping geographical limits may provide for a consolidated election in such manner as their respective governing bodies may determine. At such election all qualified electors of each affected public agency may vote, and the ballots used at such election shall have printed thereon a brief statement of the principal amount and purpose of the proposed bond issue and the words "FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE," and the voters shall vote by placing a cross (X) or check mark (√) opposite his choice on the proposition; provided, however, that in the event a county is an affected public agency, then the qualified electors of such county shall mean the qualified electors of such county who reside within the unincorporated areas within such county's geographical limits.
(d) When the results of the election on the question of the issuance of such bonds as provided in this section shall have been canvassed by the respective election commissioners of the affected public agencies and certified by them to the board of commissioners of the authority, it shall be the duty of the board of commissioners of the authority to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in a majority number of the affected public agencies voted in favor of the issuance of such bonds, and unless a majority of the qualified electors who voted thereon in a majority number of the affected public agencies voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote thereon in a majority number of the affected public agencies vote in favor of the issuance of such bonds, then the board of commissioners of the authority may issue such bonds, either in whole or in part, and if in part from time to time, within two (2) years from the date of such election or within two (2) years after the final favorable termination of any litigation affecting the issuance of such bonds, as shall be determined by the board of commissioners of the authority.
SECTION 62. Section 49-17-327, Mississippi Code of 1972, is brought forward as follows:
49-17-327. The authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders and the rights, duties and obligations of the authority in respect of the same shall be governed by the provisions of Sections 49-17-301 through 49-17-353 relating to the issue of bonds other than refunding bonds insofar as the same may be applicable.
SECTION 63. Section 49-17-329, Mississippi Code of 1972, is brought forward as follows:
49-17-329. All bonds issued pursuant to Sections 49-17-301 through 49-17-353 may be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972. Such validation proceedings shall be instituted in the chancery court of the county in which the principal office of the authority is located, but notice of such validation proceedings shall be published at least two (2) times in a newspaper of general circulation in each of the counties, the first publication of which in each case shall be made at least ten (10) days preceding the date set for validation.
SECTION 64. Section 49-17-331, Mississippi Code of 1972, is brought forward as follows:
49-17-331. Bonds issued under the provisions of Sections 49-17-301 through 49-17-353 shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, a debt, liability or obligation of the state, nor shall such bonds constitute a pledge of the full faith and credit of the state, but shall be payable solely from the revenues or assets of the authority pledged therefor. Each bond issued under Sections 49-17-301 through 49-17-353 shall contain on the face thereof a statement to the effect that the authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the full faith and credit nor the taxing power of the state is pledged to the payment of the principal of or the interest on such bonds.
SECTION 65. Section 49-17-333, Mississippi Code of 1972, is brought forward as follows:
49-17-333. The authority shall have power in connection with the issuance of its bonds to:
(a) Covenant as to the use of any or all of its property, real or personal.
(b) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof.
(c) Covenant to charge rates, fees and charges sufficient to meet operating and maintenance expenses, renewals and replacements, principal and debt service on bonds, creation and maintenance of any reserves required by a bond resolution, trust indenture or other security instrument and to provide for any margins or coverages over and above debt service on the bonds deemed desirable for the marketability of the bonds.
(d) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, as to the terms and conditions upon which such declaration and its consequences may be waived and as to the consequences of default and the remedies of bondholders.
(e) Covenant as to the mortgage or pledge of or the grant of a security interest in any real or personal property and all or any part of the revenues from any collection facilities or treatment facilities or any revenue-producing contract or contracts made by the authority with any person to secure the payment of bonds, subject to such agreements with the holders of bonds as may then exist.
(f) Covenant as to the custody, collection, securing, investment and payment of any revenues, assets, monies, funds or property with respect to which the authority may have any rights or interest.
(g) Covenant as to the purposes to which the proceeds from the sale of any bonds then or thereafter to be issued may be applied, and the pledge of such proceeds to secure the payment of the bonds.
(h) Covenant as to the limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds.
(i) Covenant as to the rank or priority of any bonds with respect to any lien or security.
(j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the holders of bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.
(k) Covenant as to the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon, and the use and disposition of insurance proceeds.
(l) Covenant as to the vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers and duties in trust as the authority may determine.
(m) Covenant as to the appointing and providing for the duties and obligations of a paying agent or paying agents or other fiduciaries within or outside the state.
(n) Make all other covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the authority tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give the authority power to do all things in the issuance of bonds and in the provisions for security thereof which are not inconsistent with the Constitution of the state.
(o) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions, as any purchaser of the bonds of the authority may reasonably require.
SECTION 66. Section 49-17-335, Mississippi Code of 1972, is brought forward as follows:
49-17-335. The authority may, in any authorizing resolution of the board of commissioners, trust indenture or other security instrument relating to its bonds, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the bondholders of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such bondholders rights then such percentage of bondholders as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security instrument, may petition the chancery court of proper jurisdiction for the appointment of a receiver of the collection facilities or treatment facilities the revenues of which are pledged to the payment of the principal of and interest on the bonds held by such bondholders. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct, or operate and maintain such collection facilities or treatment facilities, fix, charge, collect, enforce and receive all revenues derived from such collection facilities or treatment facilities and perform the public duties and carry out the contracts and obligations of the authority in the same manner as the authority itself might do, all under the direction of such chancery court.
SECTION 67. Section 49-17-337, Mississippi Code of 1972, is brought forward as follows:
49-17-337. (1) The exercise of the powers granted by Sections 49-17-301 through 49-17-353 will be in all respects for the benefit of the people of the state, for their well-being and prosperity and for the improvement of their social and economic conditions, and the authority shall not be required to pay any tax or assessment on any property owned by the authority under the provisions of Sections 49-17-301 through 49-17-353 or upon the income therefrom.
(2) Any bonds issued by the authority under the provisions of Sections 49-17-301 through 49-17-353, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
SECTION 68. Section 49-17-339, Mississippi Code of 1972, is brought forward as follows:
49-17-339. All bonds issued under the provisions of Sections 49-17-301 through 49-17-353 shall be legal investments for trustees, other fiduciaries, savings banks, trust companies, and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.
SECTION 69. Section 49-17-341, Mississippi Code of 1972, is brought forward as follows:
49-17-341. Whether or not any bonds of the authority and interest coupons, if any, appertaining thereto would otherwise so qualify, such bonds and coupons are hereby made investment securities within the meaning and for all purposes of Article 8 of the Uniform Commercial Code as enacted in this state.
SECTION 70. Section 49-17-343, Mississippi Code of 1972, is brought forward as follows:
49-17-343. The state hereby covenants with the holders of any bonds of the authority that so long as the bonds are outstanding and unpaid the state will not limit or alter the rights and powers of the authority under Sections 49-17-301 through 49-17-353 to conduct the activities referred to herein in any way pertinent to the interests of the bondholders including without limitation the authority's right to charge and collect rates, fees and charges and to fulfill the terms of any covenants made with bondholders, or in any other way impair the rights and remedies of the bondholders, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security instrument securing the bonds.
SECTION 71. Section 49-17-345, Mississippi Code of 1972, is brought forward as follows:
49-17-345. If the authority finds and records on its minutes that the acquisition or construction of any collection facilities or treatment facilities, or any interest therein, or any portion thereof, or any property or any interest therein or any portion thereof, which is authorized by Sections 49-17-301 through 49-17-353 is available or can be acquired or contracted for, from or with only a single source, person, firm or corporation, then such acquisition or contract may be made or entered into without meeting the requirements of any law relating to acquisitions, purchases or contracts by competitive bids. If, after advertising for competitive bids as to other proposed purchases, acquisitions or contracts, only one (1) bid is received, the authority may reject the bid and negotiate privately any purchase, contract or acquisition for a consideration not exceeding that proposed in the bid.
SECTION 72. Section 49-17-347, Mississippi Code of 1972, is brought forward as follows:
49-17-347. The authority shall cause an audit of its books and accounts to be made at least once in each year by an independent certified public accountant and the cost thereof may be paid from any available monies of the authority.
SECTION 73. Section 49-17-349, Mississippi Code of 1972, is brought forward as follows:
49-17-349. Sections 49-17-301 through 49-17-353 shall be deemed to provide an additional, alternative and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to any powers conferred by other laws on public agencies and not in derogation of any such powers now existing, provided, that insofar as the provisions of Sections 49-17-301 through 49-17-353 are inconsistent with the provisions of any other law, general, special or local, now in existence or hereafter (unless with specific reference to Sections 49-17-301 through 49-17-353) adopted, the provisions of Sections 49-17-301 through 49-17-353 shall be controlling.
Except as expressly provided in Sections 49-17-301 through 49-17-353, the actions contemplated hereby, other than the issuance and sale of bonds by the authority but otherwise including without limitation the entering into of the contracts referred to in Sections 49-17-315 and 49-17-321 by the authority, the contracting public agencies and any other persons thereto, and the setting of rates, fees and charges by the authority, may be taken without the obtaining of any authorization, approval or consent of the state or any political subdivision or any department, division, commission, board, bureau, agency or instrumentality of either thereof and without any other proceeding or the fulfilling of any other condition or the happening of any other thing, except as expressly provided in Sections 49-17-301 through 49-17-353.
SECTION 74. Section 49-17-351, Mississippi Code of 1972, is brought forward as follows:
49-17-351. If any clause, sentence, paragraph, section, or part of Sections 49-17-301 through 49-17-353 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof directly involved in the controversy in which such judgment shall have been rendered.
SECTION 75. Section 49-17-353, Mississippi Code of 1972, is brought forward as follows:
49-17-353. Sections 49-17-301 through 49-17-353 shall be interpreted liberally to effect the purposes set forth herein.
SECTION 76. Section 51-8-1, Mississippi Code of 1972, is brought forward as follows:
51-8-1. (1) Any two (2) or more local governmental units, being defined herein to mean a county or municipality, may create a joint water management district in the manner set forth in this chapter.
(2) If any local governmental unit is located within an existing water management district, then the local governmental unit shall petition the district to provide a service or function needed by the petitioning unit, provided the service or function is one which the district has the power and authority to perform. Upon receipt of the petition, the existing district shall have ninety (90) days within which to respond affirmatively to the petition, setting forth its intent to meet the need or perform the service or function and its proposal or plan for meeting the need or performing the service or function. If the existing water district does not affirmatively respond in a timely fashion, then any two (2) or more local governmental units may create a joint water management district in the manner set forth in this chapter.
(3) The joint water management district may include any geographic area within the boundaries of the interested governmental units.
(4) A joint water management district may be created although adequate water supply, flood control, drainage or other water or wastewater management activities are being undertaken by one or more of the local governmental units interested in creating a joint water management district or by another corporate agency existing and operating within the geographical area of the joint water management district. The term "corporate agency," as used herein, means any agency or subdivision of the state or federal government, any body politic and corporate created under the laws of this state, any utility, or any public or private profit or nonprofit corporation.
SECTION 77. Section 51-8-3, Mississippi Code of 1972, is brought forward as follows:
51-8-3. A joint water management district may be created for the purpose of establishing a water supply system, conserving water resources, developing additional water resources or any other water or wastewater management function not being performed by an existing water management district, except that such a district as described in Section 51-8-1 may not be created for the purpose of constructing, contracting for the construction of, or serving as a local sponsor for the construction of, any dam or other flood control facility or project, the primary purpose of which is to control flooding on any part of the Pearl River, Mississippi River, Yazoo River, Tombigbee River, Big Black River, Pearl River, Pascagoula River, Tallahatchie River, Yalobusha River, Homochitto River, Buffalo River, Leaf River, Coldwater River, Sunflower River, Little Sunflower River, Wolf River, Yockanookany River, Ofahoma River, Strong River, Bogue Chitto River, Amite River, Bayou Pierre River, Tangipahoa River, Noxubee River, Buttahatchee River, Chunky River, Biloxi River, Tippah River, Hatchie River, Jourdan River, Bowie River, Chickasawhay River and Escatawpa River.
SECTION 78. Section 51-8-5, Mississippi Code of 1972, is brought forward as follows:
51-8-5. Creation of a joint water management district shall be initiated by identical resolutions passed by each interested local governmental unit. Such resolution shall set forth in detail the geographic boundaries of the district, the function or functions to be performed by the district, a statement of the necessity for the creation of the district, the proposed corporate name of the district and any other information reasonably necessary to inform the constituency of the governmental unit of the purpose and obligations of the respective units proposing to form the district.
SECTION 79. Section 51-8-7, Mississippi Code of 1972, is brought forward as follows:
51-8-7. Each governmental unit proposing to form a joint water management district shall hold a public hearing in the same manner as set out in Section 19-5-155.
SECTION 80. Section 51-8-11, Mississippi Code of 1972, is brought forward as follows:
51-8-11. Upon the making of such finding, the governing body of each interested local governmental unit shall publish the finding accompanied by the initial resolution specified in Section 51-8-5 in the manner provided in Section 19-5-157.
If twenty percent (20%) or fifteen hundred (1500), whichever is lesser, of the qualified electors of a local governmental unit file a written petition with the governing body of such unit on or before the date specified for creation of the district, an election shall be held in the same manner prescribed by Section 19-5-157.
SECTION 81. Section 51-8-13, Mississippi Code of 1972, is brought forward as follows:
51-8-13. If no petition requiring an election be filed or if three-fifths (3/5) of those voting in said election vote in favor of the creation of such district, the governing body of such local governmental unit shall adopt a resolution creating the district as described in the initial resolution specified in Section 51-8-5.
SECTION 82. Section 51-8-15, Mississippi Code of 1972, is brought forward as follows:
51-8-15. All costs incident to the publication of the notices and all other costs incident to the public hearing and election provided in Sections 51-8-7 through 51-8-11 may be paid by the applicable governing body.
SECTION 83. Section 51-8-17, Mississippi Code of 1972, is brought forward as follows:
51-8-17. Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the applicable governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of such bodies. However, if no such appeal be taken within a period of thirty (30) days from and after the date of the adoption of the resolution creating any such district, the creation of such district shall be final and conclusive and shall not thereafter be subject to attack in any court.
SECTION 84. Section 51-8-19, Mississippi Code of 1972, is brought forward as follows:
51-8-19. From and after the date of adoption of the resolution creating a joint water management district, such district shall be a public corporation in perpetuity in its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.
SECTION 85. Section 51-8-21, Mississippi Code of 1972, is brought forward as follows:
51-8-21. (1) The powers of each such district shall be vested in and exercised by a board of commissioners consisting of a minimum of five (5) members, to be selected in the manner provided in the initial resolution prescribed by Section 51-8-5. Provided, however, there shall be at least one (1) member from each county within the district.
The resolution may provide that commissioners will be elected by the electors of the local governmental unit or units which they represent or that commissioners will be appointed by the governing body or bodies of the local governmental units which are members of the district. The resolution shall also prescribe the term of office, which shall not exceed five (5) years, and shall establish the length of initial terms, if staggered terms are to be used. Vacancies and unexpired terms shall be filled by the governing body of each local governmental unit.
(2) Notwithstanding the appointive authority herein granted to the said governing body, its legal and actual responsibilities, authority and function, subsequent to the creation of any such district, shall be specifically limited to said appointive function and the responsibilities outlined in Sections 51-8-1, 51-8-5, 51-8-7, 51-8-9, 51-8-11, 51-8-13, 51-8-15, 51-8-31, 51-8-33, 51-8-35, 51-8-43, 51-8-45 and 51-8-57. The operation, management, abolition or dissolution of such district, and all other matters in connection therewith, shall be vested solely and only in said board of commissioners to the specific exclusion of said governing body, and the abolition, dissolution or termination of any such district shall be accomplished only by unanimous resolution of the board of commissioners. However, such board of commissioners shall have no power, jurisdiction or authority to abolish, dissolve or terminate any such district while such district has any outstanding indebtedness of any kind or character.
(3) After a district is created, a local governmental unit may withdraw as a member thereof only if:
(a) The district has no outstanding indebtedness of any kind or character;
(b) Withdrawal would not impair the district's water management plan or objectives;
(c) The withdrawing entity is not receiving benefits from the water management operations and activities of the district; and
(d) Withdrawal is approved by a three-fifths (3/5) vote of the board of commissioners.
SECTION 86. Section 51-8-23, Mississippi Code of 1972, is brought forward as follows:
51-8-23. The board of commissioners shall organize by electing one (1) of its members as chairman and another as vice chairman. It shall be the duty of the chairman to preside at all meetings of the board and to act as the chief executive officer of the board and of the district. The vice chairman shall act in the absence or disability of the chairman. Such board also shall elect and fix the compensation of secretary-treasurer who may or may not be a member of the board. It shall be the duty of the secretary-treasurer to keep all minutes and records of the board and to safely keep all funds of the district. The secretary-treasurer shall be required to execute a bond, payable to the district, in a sum and with such security as shall be fixed and approved by the board of commissioners. The terms of all officers of the board shall be for one (1) year from and after the date of election, and shall run until their respective successors are appointed and qualified.
Each board of commissioners shall adopt an official seal with which to attest the official acts and records of the board and district.
SECTION 87. Section 51-8-25, Mississippi Code of 1972, is brought forward as follows:
51-8-25. Every resident citizen of a local governmental unit in any district created pursuant to this chapter, of good reputation, being the owner of land or the conductor of a business situated within such district and being over twenty-one (21) years of age and of sound mind and judgment, shall be eligible to hold the office of commissioner.
Each person appointed as a commissioner, before entering upon the discharge of the duties of his office, shall be required to execute a bond payable to the State of Mississippi in the penal sum of Ten Thousand Dollars ($10,000.00) conditioned that he will faithfully discharge the duties of his office; each such bond shall be approved by the clerk of the governing body of such unit and filed with said clerk.
Any commissioner who shall remove his residence from the local governmental unit from which he was appointed or elected shall be deemed to have automatically vacated his office.
Each commissioner shall take and subscribe to an oath of office prescribed in Section 268, Mississippi Constitution of 1890, before the clerk of said governing body that he will faithfully discharge the duties of the office of commissioner, which oath shall also be filed with said clerk and by him preserved with such official bond.
The commissioners so appointed and qualified shall be compensated on a per diem basis for their services for each meeting of the board of commissioners attended, either regular or special, at the rates established by law for state boards and commissions. Commissioners shall also be reimbursed for all expenses necessarily incurred in the discharge of their official duties in such amounts as are allowed for members of state boards and commissions.
The board of commissioners shall hold regular monthly meetings and such other special meetings as may be called by the chairman or a majority of the commissioners.
SECTION 88. Section 51-8-27, Mississippi Code of 1972, is brought forward as follows:
51-8-27. The board of commissioners shall have the power to adopt, promulgate, modify and repeal, and to make exceptions to and grant exemptions and variances from, and to enforce, rules and regulations to effectuate the purposes of the creation of the district, provided that such regulations shall conform to and not conflict with regulations promulgated by state regulatory agencies responsible for regulating the activities which the district was created to perform.
SECTION 89. Section 51-8-29, Mississippi Code of 1972, is brought forward as follows:
51-8-29. Districts created under this chapter shall have the powers set out in the creating resolution not inconsistent with the powers set forth in this chapter, and in addition, the power and authority to acquire, construct, reconstruct, improve, better, extend, consolidate, maintain and operate facilities and to contract with any municipality, person, firm or corporation for services and for a supply and distribution of water, for collection, transportation, treatment and/or disposal of sewage and for services required incident to the operation and maintenance of such systems. Except as provided elsewhere in this chapter, as long as any such district continues to furnish any of the services which it was authorized to furnish in and by the resolution by which it was created, it shall be the sole public corporation empowered to furnish such services within such district.
Any district created pursuant to the provisions of this chapter shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which such district is created. No enumeration of powers herein shall be construed to impair or limit any general grant of power herein contained nor to limit any such grant to a power or powers of the same class or classes as those enumerated. Such districts are empowered to do all acts necessary, proper or convenient in the exercise of the powers granted under such sections.
SECTION 90. Section 51-8-31, Mississippi Code of 1972, is brought forward as follows:
51-8-31. Any district created pursuant to the provisions of this chapter, acting by and through the board of commissioners of such district as its governing authority, shall have, among others, the following powers:
(a) To sue and be sued;
(b) To acquire by purchase, gift, devise, lease or any other mode of acquisition, and to hold or dispose of, real and personal property of every kind within or without the district;
(c) To make and enter into contracts, conveyances, mortgages, deeds of trust, bonds, leases or contracts for financial advisory services;
(d) To incur debts, to borrow money, to issue negotiable bonds, and to provide for the rights of the holders thereof;
(e) To fix, maintain, collect and revise rates and charges for services rendered by or through the facilities of such district, which rates and charges shall not be subject to review or regulation by the Mississippi Public Service Commission except in those instances where a city operating similar services would be subject to regulation and review; however, said district shall obtain a certificate of convenience and necessity from the Mississippi Public Service Commission for operating water and/or sewer systems;
(f) To pledge all or any part of its revenues to the payment of its obligations;
(g) To make such covenants in connection with the issuance of bonds or to secure the payment of bonds that a private business corporation can make under the general laws of the state;
(h) To use any right-of-way, public right-of-way, easement, or other similar property or property rights necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities of such district held by the state or any political subdivision thereof; however, the governing body of such political subdivision shall consent to such use;
(i) To enter into agreements with state and federal agencies for loans, grants, grants-in-aid, and other forms of assistance, including, but not limited to, participation in the sale and purchase of bonds;
(j) To acquire by purchase, lease, gift, or otherwise, any existing works and facilities providing services for which it was created, and any lands, rights, easements, franchises and other property, real and personal, necessary to the completion and operation of such system upon such terms and conditions as may be agreed upon, and, if necessary as part of the acquisition price, to assume the payment of outstanding notes, bonds or other obligations upon such system; however, if any corporate agency owning such facilities desires to continue providing such services, the corporate agency shall so notify the district not later than ninety (90) days after the effective date of the creation of the district, and the district shall thereupon relinquish its right to provide such services until and unless the corporate agency elects otherwise or fails to adequately provide such services;
(k) To extend its services to areas beyond but within one (1) mile of the boundaries of such district; however, no such extension shall be made to areas already occupied by another corporate agency rendering the same service so long as such corporate agency desires to continue to serve such areas. Areas outside of the district desiring to be served which are beyond the one-mile limit must be brought into the district by annexation proceedings;
(l) To be deemed to have the same status as counties and municipalities with respect to payment of sales taxes on purchases made by such districts;
(m) To borrow funds for interim financing subject to receipt of funds as outlined in Section 51-8-35;
(n) To choose a location within the district as the central office of the district;
(o) To adopt a plan for management of the water resources of the district, provided that such plan first be submitted to and approved by the Commission on Natural Resources as consistent with the state water management plan or objectives;
(p) To hire such personnel and contract for such legal, technical, or other services as the board of commissioners deems necessary for the operation of the district and fulfillment of its water management objectives; and
(q) To secure connection to or participation in the services provided by the district, including the power to obtain mandatory or prohibitory injunctive relief; provided, however, that the authority of the board of commissioners shall not be exercised in conflict with the regulatory and enforcement authority of the Commission on Natural Resources.
SECTION 91. Section 51-8-33, Mississippi Code of 1972, is brought forward as follows:
51-8-33. The board of commissioners may exercise, on behalf of the district, such powers of eminent domain as are specified in the creating resolution wherever and whenever public necessity and convenience so requires.
SECTION 92. Section 51-8-35, Mississippi Code of 1972, is brought forward as follows:
51-8-35. (1) Any such district shall have the power to provide funds for the purpose of constructing, acquiring, reconstructing, improving, bettering or extending the facilities of such district or for the purpose of buying, leasing or otherwise acquiring the assets and facilities of any nonprofit, nonshare corporation chartered under Title 79, Chapter 11, or any other utility district by the issuance of revenue bonds. Such bonds shall be payable solely and only from the revenues of such facilities, and such revenues may be pledged from a portion of the service area of the district to the support of debt service for a specific series or issue of bonds if such apportionment is economically feasible.
(2) Any such district shall have the power to provide funds, in addition to or in conjunction with the funds authorized in subsection (1) of this section, for water supply or pollution abatement projects by issuing special improvement pollution abatement bonds, special improvement water bonds, or combinations of special improvement water and sewer bonds, if the resolution creating the district authorized the governing bodies of the local governmental bodies to make assessments against benefitted properties as outlined in Section 51-8-45. Such bonds shall be payable solely and only from charges assessed to benefitted properties as outlined in said Section 51-8-45.
SECTION 93. Section 51-8-37, Mississippi Code of 1972, is brought forward as follows:
51-8-37. (1) The board of commissioners of any district created pursuant to this chapter may issue revenue or special improvement bonds of such district by resolution spread upon the minutes of such board. Bonds may be issued from time to time without an election being held upon the question of their issuance unless the board of commissioners of the district is presented with a petition for an election upon the question of issuance signed by twenty percent (20%) or fifteen hundred (1500), whichever is lesser, of the qualified electors residing within the district. The resolution authorizing any issue of bonds other than the initial issue shall be published in a manner similar to the publication of the resolution, as outlined in Section 51-8-11. If an election is required, it shall be held in substantial accord with the election outlined in Section 51-8-11. The cost of this election shall be borne by the district.
(2) All bonds shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting. They shall be in denominations of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), and may be registered as issued, and shall be numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued, the total amount authorized to be issued, the interest on the bond, and that such bonds shall never constitute nor give rise to a pecuniary liability of the district or local governmental unit or a charge against the general credit or taxing powers of the local governmental unit.
(3) Such bonds shall contain such covenants and provisions; shall be executed; shall be in such form, format, type, denomination or denominations; shall be payable as to principal and interest, at such place or places; and shall mature at such time or times, all as shall be determined by such board of commissioners and set forth in the resolution pursuant to which such bonds shall be issued. The date of maturity of such bonds shall not exceed forty (40) years from the date of the bonds, except that on special improvement pollution abatement bonds, special improvement water bonds, or special improvement water and sewer bonds, the date of maturity shall not exceed twenty-five (25) years from their date.
(4) No bonds shall bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103; no bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified on the bonds; all bonds of the same maturity shall bear the same rate of interest from date to maturity. All interest accruing on such bonds so issued shall be payable semiannually, or annually, except that the first interest payment may be for any period not exceeding one (1) year. No interest payment on bearer bonds shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than sixty percent (60%) of the highest interest rate specified for the same bond issue.
(5) Such bonds shall be signed by the chairman and secretary-treasurer of the commission with the seal of the commission affixed thereto; however, the coupons may bear only the facsimile signatures of such chairman and secretary-treasurer.
(6) Any provisions of the general laws to the contrary notwithstanding, any bonds and interest coupons issued pursuant to the authority of this chapter shall be securities within the meaning of Article 8 of the Uniform Commercial Code, being Section 75-8-101 et seq.
(7) Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.
SECTION 94. Section 51-8-39, Mississippi Code of 1972, is brought forward as follows:
51-8-39. The bonds issued under this chapter shall be sold for not less than par value plus accrued interest at public sale in the manner provided for in Section 31-19-25, Mississippi Code of 1972; however, bonds may be sold to the United States of America or an agency or instrumentality thereof at private sale.
Each interest rate specified in any bid must be in multiples of either one-tenth of one percent (1/10 of 1%) or one-eighth of one percent (1/8 of 1%), and a zero rate of interest cannot be named.
Any revenue bonds issued under the provisions of this chapter may be refunded in like manner as revenue bonds of municipalities shall be refunded.
Any bonds issued under the provisions of this chapter shall be submitted to validation under the provisions of Sections 31-13-1 through 31-13-11.
SECTION 95. Section 51-8-41, Mississippi Code of 1972, is brought forward as follows:
51-8-41. There is hereby created a statutory lien in the nature of a mortgage lien upon any system or systems acquired or constructed in accordance with this chapter, including all extensions and improvements thereof or combinations thereof subsequently made, which lien shall be in favor of the holder or holders of any bonds issued pursuant to said sections, and all such property shall remain subject to such statutory lien until the payment in full of the principal of and interest on said bonds. Any holder of said bonds or any of the coupons representing interest thereon may, either at law or in equity, by suit, action, mandamus or other proceedings, in any court of competent jurisdiction, protect and enforce such statutory lien and compel the performance of all duties required by said sections, including the making and collection of sufficient rates for the service or services, the proper accounting thereof, and the performance of any duties required by covenants with the holders of any bonds issued in accordance herewith.
If any default is made in the payment of the principal of or interest on such bonds, any court having jurisdiction of the action may appoint a receiver to administer said district and said system or systems, with power to charge and collect rates sufficient to provide for the payment of all bonds and obligations outstanding against said system or systems, and for payment of operating expenses, and to apply the income and revenues thereof in conformity with the provisions of this chapter and any covenants with bondholders.
SECTION 96. Section 51-8-43, Mississippi Code of 1972, is brought forward as follows:
51-8-43. (1) Except as otherwise provided in subsection (2), the governing body of any local governmental unit which is a member of any such district may, according to the terms of the resolution, levy a special tax, not to exceed two (2) mills, on all of the taxable property in such district, the avails of which shall be paid over to the board of commissioners of the district to be used for preparation and implementation of the district's water management plan, exclusive of capital expenditures, and operation of the administrative office of the district. Provided, however, that such special tax shall not be levied against any property in any portion of such district where the district has relinquished and surrendered its prior right to provide a particular service, as provided elsewhere in this chapter.
(2) The Board of Commissioners of the Yazoo-Mississippi Joint Water Management District is authorized to expend funds generated from the special tax levy under subsection (1) in connection with projects under the USDA, NRCS Mississippi Delta Comprehensive, Multipurpose Water Resource Plan hereinafter referred to as the "Mississippi Delta Study." Such projects include low flows, interbasin transfers of new water supplies, on-farm storage reservoirs or conservation, and implementation activities such as the Sunflower River Low Flow Project and Well Field Project in Coahoma County, Mississippi. Expenditures under this subsection may include in-kind expenditures as well as direct expenditures, the cost and expenses of construction, operation and maintenance of the projects, and the cost and expenses of an indirect nature, such as technological assistance, engineering and scientific evaluation and analysis by technical personnel, labor, transportation and any expenditure that is intended to satisfy the districts' in-kind obligations in connection with the projects. However, the expenditures authorized by this subsection shall not extend to any project that relates to, encompasses or includes effluent treatment facilities or any water supply system to which the Safe Drinking Water Act applies, and any other projects that are determined by the district to be beyond the scope of the Mississippi Delta Study Projects.
SECTION 97. Section 51-8-45, Mississippi Code of 1972, is brought forward as follows:
51-8-45. (1) Funds for debt service for special improvement pollution abatement bonds, special improvement water bonds, or special improvement water and sewer bonds issued in lieu of or in conjunction with revenue bonds shall be provided by charges upon the properties benefitted according to procedures set forth in this section.
(2) So long as any special improvement bond authorized by this chapter shall remain outstanding, it shall be the duty of the governing bodies at the time its annual tax levies are made, to levy such assessments as are certified to them by the district as being due and payable at a stated time. It shall be the duty of the tax collector of each such governing body to collect such charges and pay the funds collected to the board of commissioners of the district for payment to interest and principal and to the retirement of bonds issued by the district in accord with the maturities schedule pertaining thereto.
(3) One (1) of the following procedures may be utilized in providing funds as authorized by this section:
(a) Funds for debt service may be provided by charges assessed against the property abutting upon the sewer, or abutting upon the railroad and/or utility right-of-way, street, road, highway, easement or alley in which such sewer mains or water mains are installed according to the frontage thereof.
The board of commissioners of the district, after giving notice and hearing protests in the manner prescribed by Sections 21-41-5 and 21-41-7, shall, by resolution spread upon its minutes, define the services to be offered and the entire area to be benefitted by each improvement; each such improvement may be designated as a project, or all such improvements may be designated as one (1) project. However, if forty percent (40%) of the property owners or the owners of more than forty percent (40%) of the front footage of the property involved and actually residing on property owned by them and included within that part of any street, avenue, etc., ordered to be specially improved, or otherwise actually occupying property owned by them and included within that area designated as a project, shall file a protest, then the improvement shall not be made and the assessment shall not be made.
The resolution shall direct that the cost to be assessed against each lot or parcel of land shall be determined by dividing the entire assessable cost of the project by the total number of front feet fronting on the street, easement or other right-of-way in which all of the mains embraced within the project are installed and multiplying the quotient by the total number of front feet in any particular lot or parcel of land fronting on the street, easement or other right-of-way in which sewer mains or water mains are installed. The result thereof shall be delivered by the board of commissioners of the district to the applicable governing body as the amount of special tax to be assessed against each lot or piece of ground for the owner's part of the total cost of the improvements.
The resolution, at the discretion of the governing authorities of the district, may provide for the district to pay the assessment against any property abutting a sewer or water improvement, if the property whose assessment is being paid by the district is occupied by a contributor or consumer connected to the sewer or water system who is, or will be, paying service charges at the time the assessment roll maintained by the district is confirmed; provided, however, such payment shall not exceed an amount equal to that assessed against any one hundred twenty-five (125) feet of frontage of abutting property in a project.
The resolution may, at the discretion of the governing authorities of the district, provide for the district to pay the assessment against any property abutting a section of sewer main or water main designated as necessary and essential to the overall operation of such system or systems; provided, however, no service shall be provided to any such abutting property until and unless all such payments made by the district are repaid to the district by the owners of such benefitted property.
(b) Funds for debt service may be provided by charges assessed against a lot or block in a recorded subdivision of land or by other appropriately designated parcel or tract of land in accord with the following procedure:
The board of commissioners of the district, after giving notice and hearing protests in the manner prescribed by Sections 21-41-5 and 21-41-7, shall by resolution spread upon its minutes define the services to be offered and the entire area to be benefitted by each improvement; each such improvement may be designated as a project, or all such improvements may be designated as one (1) project. However, if forty percent (40%) of the property owners or the owners of more than forty percent (40%) of the front footage of the property involved and actually residing on property owned by them and included within that part of any street, avenue, etc., ordered to be specifically improved, or otherwise actually occupying property owned by them and included within that area designated as a project, shall file a protest, then the improvement shall not be made and the assessment shall not be made.
Charges shall be assessed in accord with the provisions of Sections 21-41-9 through 21-41-21 and 21-41-25 through 21-41-39.
The resolution providing for assessments under the provisions of this subsection, at the discretion of the governing authorities of the district, may provide for the district to pay the assessment against any lot or parcel of ground not exceeding one (1) acre in size, if such property is occupied by a contributor or consumer connected to the sewer or water system who is, or will be, paying service charges at the time the assessment roll maintained by the district is confirmed.
The resolution providing for assessment of benefitted properties under this procedure shall provide for appropriate payment to debt service accounts by property owners not included in the original assessment roll but benefitted by facilities installed with funds provided by such assessments at, or prior to, the time at which a nonassessed but benefitted property is actually served by said facilities.
(c) Funds for debt service may be provided by charges assessed against lands of the district in proportion to the benefits accruing to said lands in accord with the following procedure:
The board of commissioners of the district, after giving notice and hearing protests in the manner prescribed by Sections 21-41-5 and 21-41-7, shall by resolution spread upon its minutes define the services to be offered and the entire area to be benefitted by each improvement; each such improvement may be designated as a project, or all such improvements may be designated as one (1) project. However, if forty percent (40%) of the property owners or the owners of more than forty percent (40%) of the property included within that area designated as a project, shall file a protest, then the improvement shall not be made and the assessment shall not be made.
Charges shall be assessed in applicable manner following the provisions of Sections 21-41-9 through 21-41-21 and 21-41-25 through 21-41-39.
The resolution providing for assessments under the provisions of this subsection, at the discretion of the governing authorities of the district, may provide for the district to pay the assessment against any lot or parcel of ground not exceeding one (1) acre in size, if such property is occupied by a contributor or consumer connected to the sewer or water system who is, or will be, paying service charges at the time the assessment roll maintained by the district is confirmed.
The resolution providing for assessment of benefitted properties under this procedure shall provide for appropriate payment to debt service accounts by property owners not included in the original assessment roll but benefitted by facilities installed with funds provided by such assessments at, or prior to, the time at which a nonassessed but benefitted property is actually served by said facilities.
SECTION 98. Section 51-8-47, Mississippi Code of 1972, is brought forward as follows:
51-8-47. The board of commissioners of the district issuing bonds pursuant to this chapter shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities of its system or systems; shall prescribe penalties for the nonpayment thereof; and shall revise such rates, fees, tolls or charges from time to time whenever necessary to insure the economic operation of such system or systems. The rates, fees, tolls or charges prescribed shall be, as nearly as possible, such as will always produce revenue at least sufficient to:
(a) Provide for all expenses of operation and maintenance of the system or systems, including reserves therefor;
(b) Pay when due all bonds and interest thereon for the payment of which such revenues are or shall have been pledged, charged or otherwise encumbered, including reserves therefor; and
(c) Provide funds for reasonable expansions, extensions and improvements of services.
SECTION 99. Section 51-8-49, Mississippi Code of 1972, is brought forward as follows:
51-8-49. The property and revenue of such district shall be exempt from all state, county and municipal taxation. Bonds issued pursuant to this chapter and the income therefrom shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes, and it may be so stated on the face of said bonds.
SECTION 100. Section 51-8-51, Mississippi Code of 1972, is brought forward as follows:
51-8-51. All construction contracts by the district shall be made in accordance with the laws governing public contracts for counties and municipalities, being Sections 31-5-3 through 31-5-57.
SECTION 101. Section 51-8-53, Mississippi Code of 1972, is brought forward as follows:
51-8-53. Any area adjacent to any district created pursuant to this chapter may be annexed to and become a part of such district by the same procedure as prescribed for the original creation of the district. All costs incident to the publication of notice and all other costs incident to the hearings, election and proceedings shall be paid by the district.
The district shall have the exclusive right to provide any of the services for which it was created in the annexed territory; however, if any part of the annexed territory is then being served by another corporate agency with any such service, the district shall, at the option of the other corporate agency, either relinquish its prior right to serve the area occupied by the corporate agency or acquire by purchase the facilities of such corporate agency, together with its franchise rights to serve such area.
If the option is for the district to purchase, upon notification thereof, the district shall be obligated to buy and pay for, and the corporate agency shall be obligated to convey to the district, all its service facilities and franchise rights in the annexed area. Such property shall be acquired by the district in accordance with such terms and conditions as may be agreed upon, and the district shall have the authority to assume the operation of such entire system or facility and to assume and become liable for the payment of any notes, bonds or other obligations that are outstanding against said system or facility and payable from the revenues therefrom.
If the district is notified to relinquish its prior right to serve the annexed area, the district shall grant the corporate agency a franchise to serve within the annexed territory; however, the corporate agency shall be entitled to serve only such customers or locations within the annexed area as it served on the date that such annexation became effective.
The annexed territory shall become liable for any existing indebtedness of the district and be subject to any taxes levied by a local governing body under Section 51-8-43.
SECTION 102. Section 51-8-55, Mississippi Code of 1972, is brought forward as follows:
51-8-55. The board of commissioners of any district created pursuant to the provisions of this chapter shall have the authority to enter into cooperative agreements with the state or federal government, or both; to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both; and to execute and deliver at private sale notes or bonds as evidence of such indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both; and to pledge the income and revenues of the district, or the income and revenues from any part of the area embraced in the district, in payment thereof. It is the purpose and intention of this section to authorize districts to do any and all things necessary to secure the financial aid or cooperation of the state or federal government, or both, in the planning, construction, maintenance or operation of project facilities.
SECTION 103. Section 51-8-57, Mississippi Code of 1972, is brought forward as follows:
51-8-57. When any district is created within three (3) miles of the corporate boundaries of any existing municipality, the municipality is empowered to require such district to construct and maintain all facilities, whether purchased or constructed, to standards commensurate with those of the adjoining municipality; provided, however, the governing authorities of the municipalities may specifically waive compliance with any or all of such requirements.
SECTION 104. Section 51-8-59, Mississippi Code of 1972, is brought forward as follows:
51-8-59. The provisions of this chapter, without reference to any other statute or statutes, shall be deemed to be full and complete authority for the creation of such districts and for the issuance of such bonds. No proceedings shall be required for the creation of such districts or for the issuance of such bonds other than those provided for and required herein. All the necessary powers to be exercised by the governing bodies of member local governing units and by the board of commissioners of any such district, in order to carry out the provisions of such sections, are hereby conferred.
SECTION 105. Section 51-8-61, Mississippi Code of 1972, is brought forward as follows:
51-8-61. Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district, the earnings for the fiscal year just ended, a statement of the water and sewer rates being charged and a brief statement of the method used in arriving at such rates. Such statement shall also be filed with the local governmental units creating the district.
SECTION 106. Section 51-8-63, Mississippi Code of 1972, is brought forward as follows:
51-8-63. (1) If authorized pursuant to Section 51-9-121, 51-11-13, 51-13-111 or 51-15-119, as applicable, any corporate body organized under the provisions of Chapters 9, 11, 13 and 15 of Title 51, Mississippi Code of 1972, may elect by resolution duly adopted by its board of directors, to acquire and assume the power, duties and responsibilities of a joint water management district as set forth in Sections 51-8-27 through 51-8-55, Mississippi Code of 1972, by petitioning the Commission on Environmental Quality. The petition shall be in the form and content as prescribed by the commission and shall state the intention of the district to perform functions meeting the purposes for the creation of joint water management districts set out in Section 51-8-3, Mississippi Code of 1972.
(2) The commission may deny, grant preliminary approval of the petition and request additional information or grant preliminary approval of the petition and direct the district to proceed with the formulation of a water management plan for the district.
(3) No petition shall be finally and unconditionally granted until the district has submitted to the commission a water management plan for the district that meets the criteria set forth by the commission. Upon submission of a district water management plan and the satisfactory completion of any other requirements, the commission may finally and unconditionally approve the district's petition and grant the district joint water management district status.
SECTION 107. Section 51-8-65, Mississippi Code of 1972, is brought forward as follows:
51-8-65. (1) From and after the effective date of this act [Laws, 1995, Chapter 616, effective July 1, 1995], no joint water management district shall be created without the approval of the Commission on Environmental Quality. The commission may establish criteria for the approval of a request to create a joint water management district, but may not finally approve a request and grant joint water management district status until a water management plan for the proposed district has been approved by the commission. Any amendments to the district's water management plan must also be approved by the commission.
(2) After the granting of joint water management district status to a district by the commission, neither the department, the Permit Board nor any other agency in the State of Mississippi shall issue any permit, grant or loan for any water related facility or project that is not consistent with a district's water management plan.
(3) In its consideration of the consistency of a project, grant or loan with a district's water management plan, the department, Permit Board or other agency shall notify the affected water management district of the request for a permit, grant or loan and give the district a reasonable time, but not less than ten (10) days nor more than thirty (30) days, to respond to the request.
SECTION 108. Section 51-39-1, Mississippi Code of 1972, is brought forward as follows:
51-39-1. This chapter shall be known and cited as the "Mississippi Storm Water Management District Act."
SECTION 109. Section 51-39-3, Mississippi Code of 1972, is brought forward as follows:
51-39-3. The Legislature hereby finds and declares that:
(a) Storm water may contain contaminants which can degrade surface water quality;
(b) Due to the volume of water and the rate of flow, storm water runoff can pose a flood hazard to public and private property;
(c) The proper management of storm water is of concern to all citizens and is an activity thoroughly affecting the public interest;
(d) In certain areas of the state, the health, safety and welfare of the people of this state require efficient management of storm water;
(e) Federal regulations require portions of some local governments to develop and implement storm water management programs;
(f) There is a need for proper planning, design, construction, operation and maintenance of appropriate measures for the management of storm water; and
(g) There is a need to foster cooperation among local governments in addressing concerns resulting from storm water management, therefore it is necessary and desirable to authorize the creation of storm water management districts by counties and municipalities to plan for, design, acquire, construct, operate and maintain appropriate measures for management of storm water.
SECTION 110. Section 51-39-5, Mississippi Code of 1972, is brought forward as follows:
51-39-5. Whenever used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Board" means the board of commissioners of a district.
(b) "Cost of project" means:
(i) All costs of site preparation and other start-up costs;
(ii) All costs of construction;
(iii) All costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, utility charges, permits, approvals, licenses, and certificates and the securing of any permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for project functions;
(iv) All costs of engineering, geotechnical, architectural and legal services;
(v) All costs of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project;
(vi) Administrative expenses; and
(vii) Any other expenses as may be necessary or incidental to the project financing.
(c) "County" means any county of this state.
(d) "Designated representative" or "incorporator" means the person named by resolution of the governing body of a county or municipality as the representative of that unit of local government for the purpose of acting on their behalf as an incorporator in concert with other similarly named persons in the creation and incorporation of a storm water management district under this chapter.
(e) "District" means a storm water management district created under this chapter.
(f) "Ditch" means any branch or lateral drain, tile drain, levee, sluiceway, water course, floodgate, and any other construction work found necessary for the reclamation of wet and overflowed lands.
(g) "Facilities" mean any structure, building, ditch, pipe, channel, improvement, land, or other real or personal property used or useful in storm water management system under this chapter.
(h) "Governing body" means the elected or duly appointed officials constituting the governing body of a municipality or county.
(i) "Incorporation agreement" means that agreement between the designated representatives of various units of local government setting forth the formal creation of a storm water management district created under this chapter.
(j) "Member" means a unit of local government participating in a district.
(k) "Municipality" means any incorporated city, town or village in this state.
(l) "Project" means the collection, conveyance, retention, detention and any other portion of a storm water management system and any property, real or personal, used as or in connection with those purposes.
(m) "Public agency" means any municipality, county, political subdivision, governmental district or unit, public institution of higher learning, community college district, planning and development district, or any body politic and corporate or governmental agency created under the laws of the state.
(n) "State" means the State of Mississippi.
(o) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting from that precipitation.
(p) "Storm water management system" means a system which is designed and constructed, implemented or operated to control storm water discharges to prevent or reduce flooding, over drainage or water pollution or to otherwise affect the quantity or quality of discharges from the system. The storm water management system includes all pipes, channels, ditches, streams, wetlands, detention or retention basins, ponds or other storm water conveyance or treatment facilities.
(q) "Unit of local government" means any county or municipality of the state.
SECTION 111. Section 51-39-7, Mississippi Code of 1972, is brought forward as follows:
51-39-7. (1) (a) Any single unit of local government or any combination of units of local government may create a district.
(b) If any unit of local government is located within an existing district, then the unit of local government shall petition the district to provide a service or function needed by the petitioning unit, if the service or function is one which the district has the power and authority to perform. Upon receipt of the petition, the district shall have ninety (90) days within which to respond affirmatively to the petition, setting forth its intent to meet the need or perform the service or function and its plan to meet the need or perform the service or function. If the existing district does not affirmatively respond in a timely fashion, then the petitioning unit of local government may form a district as provided in this chapter.
(c) The district may include any geographic area within the boundaries of any interested unit of local government.
(d) A district may be formed although adequate water supply, flood control, drainage or other water or wastewater management activities are being undertaken by one or more of the units of local government interested in creating a district or by another public agency existing and operating within the geographical area of the district.
(2) Creation of a district shall be initiated by ordinance or resolution duly adopted by the governing body of each unit of local government. The ordinance or resolution shall state: (a) the necessity for the proposed district; (b) the primary function of the proposed district; (c) the geographic boundaries of the proposed district within the jurisdiction of the unit of local government; (d) the names and geographic boundaries of any other units of local government proposing to be in the district; (e) the date upon which the governing body intends to create the district; (f) the estimated cost of projects to be conducted and maintained by the district; however the estimate shall not serve as a limitation upon the financing of any project or to invalidate any ordinance or resolution adopted under this section; (g) the name of a designated representative of the unit of local government to enter into an incorporation agreement with the other units of local government, if applicable; and (h) any other information reasonably necessary to inform the constituency of the unit of local government of the purpose and proposed obligations of the unit of local government and other units of local government, if applicable, proposing to create the district.
(3) The governing body of the unit of local government may hold a public meeting or public hearing on the necessity for creation of the district. The governing body shall provide notice in the manner provided under Section 51-39-9 of any public meeting or public hearing.
SECTION 112. Section 51-39-9, Mississippi Code of 1972, is brought forward as follows:
51-39-9. (1) A certified copy of the adopted resolution or ordinance shall be published in a newspaper having a general circulation within the proposed district once a week for at least three (3) consecutive weeks before the date specified in the resolution or ordinance as the date upon which the governing body intends to create the district. The first publication of the notice shall be made not less than twenty-one (21) days before the date specified, and the last publication shall be made not more than seven (7) days before the date.
(2) If twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors within the geographic boundaries of the proposed district file a written petition with the governing body before the date specified in the resolution or ordinance under Section 51-39-7(2) protesting the creation of the district, the governing body shall call an election on the question of the creation of the district. The election shall be held and conducted by the election commissioners of the county or municipality as nearly as may be in accordance with the general laws governing elections. The election commissioners shall determine which of the qualified electors of the county or municipality reside within geographic boundaries of the proposed district, and only those qualified electors as reside within the geographic boundaries of the proposed district shall be entitled to vote in the election. Notice of the election setting forth the time, place or places, and purpose of the election shall be published by the clerk of the board of supervisors or the municipal clerk, as the case may be. The notice shall be published for the time and in the manner provided in subsection (1) of this section. The ballot to be prepared for and used at the election shall be in substantially the following form:
"FOR CREATION OF __________ DISTRICT: ( )
AGAINST CREATION OF __________ DISTRICT: ( )"
Voters shall vote by placing a cross mark (X) or check mark (√) opposite their choice.
SECTION 113. Section 51-39-11, Mississippi Code of 1972, is brought forward as follows:
51-39-11. If no petition requiring an election is filed or if three-fifths (3/5) of those voting in the election provided in Section 51-39-9 vote in favor of the creation of the district, the governing body shall adopt a resolution or ordinance authorizing the creation of the district.
SECTION 114. Section 51-39-13, Mississippi Code of 1972, is brought forward as follows:
51-39-13. All costs incident to the publication of the notices, election and all other costs of meeting the requirements of this chapter shall be paid by the governing body.
SECTION 115. Section 51-39-15, Mississippi Code of 1972, is brought forward as follows:
51-39-15. Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors or municipal authorities in Section 11-51-75. However, if no appeal is taken within fifteen (15) days after the date of the adoption of the resolution or ordinance in Section 51-39-11, the creation of the district within the jurisdiction of that unit of local government shall be final and shall not be subject to attack in any court after that time.
SECTION 116. Section 51-39-17, Mississippi Code of 1972, is brought forward as follows:
51-39-17. (1) Within thirty (30) days following the adoption of the final authorizing resolution or ordinance, the designated representatives shall proceed to incorporate a district by filing for record in the office of the chancery clerk of the participating counties and/or the clerk of participating municipalities, as the case may be, and the Secretary of State an incorporation agreement approved by each member. The agreement shall comply in form and substance with the requirements of this section and shall be executed in the manner provided in this chapter.
(2) The incorporation agreement of a district shall state:
(a) The name of each participating unit of local government and the date on which the governing bodies thereof adopted an authorizing resolution or ordinance;
(b) The name of the district which must include the words "_______________ Storm Water Management District," the blank spaces to be filled in with the name of one or more of the members or other geographically descriptive term. If the Secretary of State determines that the name is identical to the name of any other corporation organized under the laws of the state or so nearly similar as to lead to confusion and uncertainty, the incorporators may insert additional identifying words so as to eliminate any duplication or similarity;
(c) The period for the duration of the district;
(d) The location of the principal office of the district which shall be within the geographic boundaries of the district;
(e) That the district is organized under this chapter;
(f) The board setting forth the number of commissioners, terms of office and the vote of each commissioner;
(g) If the exercise by the district of any of its powers is to be in any way prohibited, limited or conditioned, a statement of the terms of that prohibition, limitation or condition;
(h) Any provisions relating to the vesting of title to its properties upon its dissolution which shall be vested in any member; and
(i) Any other related matters relating to the district that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of the state.
(3) The incorporation agreement shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgements. When the incorporation agreement is filed for record, there shall be attached to it a certified copy of the authorizing resolution or ordinance adopted by the governing body of each member.
(4) The incorporators shall publish a notice of incorporation once a week for three (3) consecutive weeks in a daily newspaper or newspapers having general circulation throughout the area to be served.
(5) Upon the filing for record of the agreement and the required documents, the district shall come into existence and shall constitute a public corporation under the name set forth in the incorporation agreement. The Secretary of State shall issue a certificate of incorporation to the district.
(6) Upon issuance of the certificate of incorporation, the district shall be a public body corporate and politic constituting a political subdivision of the state with the power of perpetual succession and shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions. The district shall be empowered in accordance with this chapter to promote the health, welfare and prosperity of the general public.
SECTION 117. Section 51-39-19, Mississippi Code of 1972, is brought forward as follows:
51-39-19. (1) The incorporation agreement of any district may be amended in the manner provided in this section. The board of the district shall first adopt a resolution proposing an amendment to the incorporation agreement. The amendment shall be set forth in full in the resolution and may include any matters which might have been included in the original incorporation agreement.
(2) After the adoption of the resolution by the board, the chairman of the board and the secretary of the district shall file a certified copy of the resolution and a signed written application in the name of and on behalf of the district, under its seal, with the governing body of each member, requesting the governing body to adopt a resolution approving the proposed amendment. As promptly as may be practicable after the filing of the application with the governing body, that governing body shall review the application and shall adopt a resolution or ordinance either denying the application or authorizing the proposed amendment. Any resolution or ordinance shall be published in a newspaper or newspapers as provided in Section 51-39-9. The governing body shall cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken. The incorporation agreement may be amended only after the adoption of a resolution or ordinance by two-thirds (2/3) of the governing bodies of the members.
(3) Within thirty (30) days following the adoption of the last adopted resolution approving the proposed amendment, the chairman of the board and the secretary of the district shall sign, and file for record in the office of the chancery clerk and/or municipal clerk with which the incorporation agreement of the district was originally filed and the Secretary of State, a certificate in the name of and in behalf of the district, under its seal, reciting the adoption of the respective resolution or ordinance by the board and by the governing body of each member and setting forth the amendment. The chancery clerk for the county and/or municipal clerk for the municipality shall record the certificate in an appropriate book in the clerk's office. When the certificate has been so filed and recorded, the amendment shall become effective. No incorporation agreement of a district shall be amended except in the manner provided in this section.
(4) Any member of a district may withdraw from the district by submitting a resolution to the board requesting an amendment to the incorporation agreement under subsection (1) of this section. Upon compliance with the requirements of subsections (1) through (3) of this section and payment of its pro rata share of any indebtedness, costs, expenses or obligations of the district outstanding at the time of withdrawal, the amendment may become effective upon adoption of a resolution by the board. The withdrawal of a member shall not operate to impair, invalidate, release or abrogate any contract, lien, bond, permit, indebtedness or obligation of the district, except to relieve the withdrawing member from further financial obligation to the district.
(5) Any party having an interest in the subject matter and aggrieved by an action of a governing body under subsections (2) and (4) of this section may appeal that action in the manner and within the time limitations provided in Section 51-39-15.
SECTION 118. Section 51-39-21, Mississippi Code of 1972, is brought forward as follows:
51-39-21. (1) All powers of the district shall be vested in the board of commissioners.
(2) If the district is composed of a single member, the governing body of that county or municipality shall serve as the board of commissioners of the district and shall exercise those powers and duties granted to the board under this chapter.
(3) If the district is composed of two (2) or more members, each member of the district shall have at least one (1) commissioner on the board. The board shall contain an odd number of commissioners:
(a) The incorporators shall, in the incorporation agreement, designate the vote of each commissioner based upon pro rata population or any other criteria as the incorporators may determine. In the alternative, the incorporators, in the incorporation agreement, may authorize appointments to the board by the members to reflect population, or any other criteria as the incorporators may determine. Within thirty (30) days after the effective date of the incorporation agreement, the governing body of each member shall appoint a commissioner or commissioners to the board as determined by the incorporation agreement. All vacancies shall be filled by appointment in the same manner as the original appointment.
(b) Each commissioner shall serve at the will and pleasure of the appointing governing body and for any term established by the appointing governing body.
(c) The governing body of each member shall appoint a commissioner or commissioners from among the elected officials serving on the governing body of the respective county or municipality.
(4) The board of commissioners shall annually elect a chairman and a vice chairman. The chairman shall preside at all meetings of the board and act as the chief executive officer of the board and of the district, unless otherwise determined by the board. The vice chairman shall act in the absence or disability of the chairman. A majority of the membership of the board shall constitute a quorum. Except as otherwise provided by law, all official acts of the board shall require an affirmative vote by a majority of those commissioners present and voting.
(5) The number of commissioners on the board shall be increased by at least one (1), as provided in an amended incorporation agreement, each time a county or municipality enters into membership. The board shall establish the vote or number of commissioners based upon the same terms as the original incorporation agreement. Within fifteen (15) days after becoming a member, the governing body of the new member shall appoint a commissioner or commissioners to the board.
(6) If the district is composed of three (3) or more members, the board may appoint an executive committee to be composed of not less than three (3) persons. No member shall have more than one (1) representative on the executive committee. The chairman of the board shall serve as chairman of the executive committee. The executive committee may execute all powers vested in the full board between meetings of the board. A majority shall constitute a quorum for the transaction of business. All actions of the executive committee must be ratified by a majority of the board at a regular or called meeting of the board.
(7) (a) The board may employ any personnel and appoint and prescribe the duties of any officers as the board deems necessary or advisable, including a general manager and a secretary of the district. The board may require any of its employees to be bonded. The cost of any bond required by this section or by the board shall be paid from funds of the district.
(b) The general manager may also serve as secretary and shall be a person of good moral character and of proven ability as an administrator with a minimum of five (5) years' experience in the management and administration of a public works operation or comparable experience which may include, but is not limited to, supervision, public financing, regulatory codes and related functions as minimum qualifications to administer the programs and duties of the district. The general manager shall administer, manage and direct the affairs and business of the district, subject to the policies, control and direction of the board. The general manager shall give 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 district conditioned upon the faithful performance of that person's duties and the proper accounting for all funds.
(c) The secretary shall keep a record of the proceedings of the board and the district and shall be custodian of all books, documents and papers filed with the district, the minute book or journal and the official seal. The secretary may make copies of all minutes and other records and documents of the district and to certify under the seal of the district that the copies are true and accurate copies, and all persons dealing with the district may rely upon those certificates.
(8) Regular meetings of the board shall be held as set forth in its rules or regulations for management of the district's business and affairs. Additional meetings of the board shall be held at the call of the chairman or whenever a majority of commissioners so request.
(9) Upon express and prior authorization by the board, each commissioner may receive reimbursement for actual and necessary expenses incurred for attending each day's meeting of the board and for each day spent in attending to the business of the district as provided by Section 25-3-41. Each commissioner shall not be entitled to per diem or any additional compensation other than that specifically provided for in this subsection.
(10) The board shall prepare a budget for the district for each fiscal year at least ninety (90) days before the beginning of that fiscal year. The fiscal year shall be from July 1 to June 30 of each year. The board shall submit the budget to the governing body of each member.
SECTION 119. Section 51-39-23, Mississippi Code of 1972, is brought forward as follows:
51-39-23. The board may contract with any member to provide support services. Any member may contract with or as part of their service contract with the district to provide any staff support, administrative and operational services as it deems advisable and on any terms as may be mutually agreed.
SECTION 120. Section 51-39-25, Mississippi Code of 1972, is brought forward as follows:
51-39-25. The district shall have all the rights and powers necessary or convenient to carry out the purposes of this chapter including, but not limited to, the following:
(a) To sue and be sued in its own name;
(b) To adopt an official seal and alter the seal at its pleasure;
(c) To maintain an office or offices at any place or places within the geographic boundaries of its members as it may determine;
(d) To acquire, construct, improve, or modify, to operate or cause to be operated and maintained, either as owner of all or of any part in common with others, a storm water management system within the counties or municipalities in the district. The district may pay all or part of the cost of any storm water management system from any contribution by persons, firms, public agencies or corporations. The district may receive, accept and use all funds, public or private and pay all cost of development, implementation and maintenance as may be determined as necessary for any project;
(e) To acquire, in its own name, by purchase on any terms and conditions and in any manner as it may deem proper, except by eminent domain, property for public use, or by gift, grant, lease or otherwise, real property or easements therein, franchises and personal property necessary or convenient for its corporate purposes. These purposes shall include, but are not limited to, the constructing or acquiring of a storm water management system; the improving, extending, reconstructing, renovating or remodeling of any existing storm water management system or part thereof; or the demolition to make room for any project or any part thereof. The district may insure the storm water management system against all risks as any insurance may, from time to time, be available. The district may also use any property and rent or lease any property to or from others, including public agencies, or make contracts for the use of the property. The district may sell, lease, exchange, transfer, assign, pledge, mortgage or grant a security interest for any property. The powers to acquire, use and dispose of property as set forth in this paragraph shall include the power to acquire, use and dispose of any interest in that property, whether divided or undivided. Title to any property of the district shall be held by the district exclusively for the benefit of the public;
(f) To adopt, modify, repeal and promulgate rules and regulations implementing or effectuating the powers and duties of the district under any statute within the district's jurisdiction, and where otherwise not prohibited by federal or state law, to make exceptions to and grant variances and exemptions from, and to enforce those rules and regulations. Those rules and regulations may include, but shall not be limited to, rules and regulations for (i) the management of the district's business and affairs; (ii) the use, operation, maintenance or implementation of the district's storm water management system or any portion of that system, facility or any other property owned or operated by the district; and (iii) specifications and standards relating to the planning, design or construction of the storm water management system or any facility owned or operated by the district;
(g) To enter into contracts or leases with any person or public agency and to execute all instruments necessary or convenient for construction, operation and maintenance of the storm water management system and leases of projects. Without limiting the generality of the above, authority is specifically granted to units of local government and to the district to enter into contracts, lease agreements or other undertaking relative to the furnishing of storm water management system services or facilities or both by the district to a unit of local government and by a unit of local government to the district;
(h) To exercise any powers, rights or privileges conferred by this chapter either alone or jointly or in common with any other public or private parties. In any exercise of any powers, rights and privileges jointly or in common with others for the construction, operation and maintenance of facilities, the district may own an undivided interest in any facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this chapter and may enter into any agreement with respect to any facility with any other party participating in those facilities. An agreement may contain any terms, conditions and provisions, consistent with this section, as the parties to the agreement shall deem to be in their best interest, including, but not limited to, provisions for the planning, design, construction, operation, implementation and maintenance of any facility by any party to an agreement. Any party or parties shall be designated in or under any agreement as agent or agents on behalf of itself and one or more of the other parties to the agreement, or by any other means as may be determined by the parties. The agreement shall include a method or methods of determining and allocating, among the parties, costs of planning, design, construction, operation, maintenance, renewals, replacements, improvements and disposal related to any facility. In carrying out its functions and activities as an agent with respect to planning, design, construction, operation and maintenance of any facility, the agent shall be governed by the laws and regulations applicable to that agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties. The agent shall act for the benefit of the public. In any agreement, the district may delegate its powers and duties related to the planning, design, construction, operation and maintenance of any facility to the party acting as agent and all actions taken by that agent in accordance with the agreement may be binding upon the district without further action or approval of the district;
(i) To apply, contract for, accept, receive and administer gifts, grants, appropriations and donations of money, materials and property of any kind, including loans and grants from the United States, the state, a unit of local government, or any agency, department, authority or instrumentality of any of the foregoing, upon any terms and conditions as the United States, the state, a unit of local government, or any agency, department, authority or instrumentality shall impose. The district may administer trusts. The district may sell, lease, transfer, convey, appropriate and pledge any and all of its property and assets;
(j) To employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting and other professional services;
(k) To assume or continue any contractual or other business relationships entered into by the municipalities or counties who are members of the district, including the rights to receive and acquire transferred rights under option to purchase agreements;
(l) To enter on public or private lands, waters or premises for the purpose of making surveys, borings or soundings, or conducting tests, examinations or inspections for the purposes of the district, subject to responsibility for any damage done to property entered;
(m) To do and perform any acts and things authorized by this chapter under, through or by means of its officers, agents and employees, or by contracts with any person; and
(n) To do and perform any and all acts or things necessary, convenient or desirable for the purposes of the district, or to carry out any power expressly granted in this chapter.
SECTION 121. Section 51-39-27, Mississippi Code of 1972, is brought forward as follows:
51-39-27. (1) Any regulations or best management practices adopted by the board under this chapter shall be no more stringent or extensive in scope, coverage or effect than the regulations and best management practices promulgated or recommended by the United States Environmental Protection Agency.
(2) If federal regulations or recommended best management practices do not address any matter relating to a storm water management system, the board may adopt or promulgate appropriate regulations or best management practices to address those matters.
SECTION 122. Section 51-39-29, Mississippi Code of 1972, is brought forward as follows:
51-39-29. The governing body of a member may exercise the power of eminent domain, upon written request of the board of commissioners, for the particular purpose of the acquisition of property for the district's storm water management system. The power of eminent domain shall be exercised as provided in Chapter 27, Title 11, Mississippi Code of 1972.
SECTION 123. Section 51-39-31, Mississippi Code of 1972, is brought forward as follows:
51-39-31. (1) Any public agency may, in accordance with a duly adopted resolution or ordinance, contract with the district for the district to acquire, construct or provide facilities and projects to be owned by the district for furnishing storm water management and related services to the public agency or to users within the boundaries of the public agency. The public agency shall be obligated to make payments which shall be sufficient to enable the district to meet its expenses, and payments into funds for operation, maintenance and renewals and replacements. The contracts may also contain other terms and conditions as the district and the public agency may determine. Any contract may be for a term covering the life of the facilities or for any other term or for an indefinite period.
(2) Contracts may provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for any facilities subject to repayment by the district. A public agency may make those contributions or advances from its general fund, general obligation bond proceeds, or surplus fund or from any monies legally available therefor. The entering into of any contract under this section shall not constitute the incurring of a debt by a public agency within the meaning of any constitutional or statutory limitations on debts of the state or units of local government.
SECTION 124. Section 51-39-33, Mississippi Code of 1972, is brought forward as follows:
51-39-33. The district may at the direction of the governing bodies of the participating units of local government submit a storm water management plan as required state or federal environmental rules and regulations. The district may also provide services and facilities for implementation of the storm water management plan.
SECTION 125. Section 51-39-35, Mississippi Code of 1972, is brought forward as follows:
51-39-35. For the purpose of attaining the objectives of this chapter, any public agency may, upon any terms as it may determine, do any of the following:
(1) Lend, contribute, or donate money to any district or perform services for the benefit of the district;
(2) Donate, sell, convey, transfer, lease or grant to any district, without the necessity of authorization at any election of qualified voters, any property of any kind, where otherwise not prohibited by law; and
(3) Do anything, whether or not specifically authorized in this section, not otherwise prohibited by law, that is necessary or convenient to aid and cooperate with any district in attaining the objectives of this chapter.
SECTION 126. Section 51-39-37, Mississippi Code of 1972, is brought forward as follows:
51-39-37. The property and revenue of the district shall be exempt from all state, county and municipal taxation.
SECTION 127. Section 51-39-39, Mississippi Code of 1972, is brought forward as follows:
51-39-39. Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district. The statement shall also be filed with the governing body of each member of the district.
SECTION 128. Section 51-39-41, Mississippi Code of 1972, is brought forward as follows:
51-39-41. This chapter shall not be construed to authorize a district to deny access to the storm water management system or any portion of that system to any person holding a valid water pollution control permit or coverage under a general permit from the Environmental Quality Permit Board.
SECTION 129. This act shall take effect and be in force from and after its passage.