MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Environment Prot, Cons and Water Res; Finance

By: Senator(s) Moffatt, Cuevas, Dawkins, Gollott, Hewes, Lee (47th), Morgan, Robertson, Walley

Senate Bill 2943

(As Passed the Senate)

AN ACT TO CREATE THE MISSISSIPPI GULF REGION UTILITY BOARD; THE GEORGE COUNTY UTILITY AUTHORITY; THE STONE COUNTY UTILITY AUTHORITY; THE PEARL RIVER COUNTY UTILITY AUTHORITY; THE HANCOCK COUNTY UTILITY DISTRICT; THE HARRISON COUNTY UTILITY DISTRICT; THE JACKSON COUNTY UTILITY DISTRICT; TO EMPOWER THE AUTHORITIES; TO PROVIDE FOR A BOARD OF DIRECTORS FOR THE AUTHORITIES; TO REQUIRE THE AUTHORITIES TO PROVIDE WATER, WASTEWATER, STORM WATER AND SOLID WASTE SERVICES AND FACILITIES; TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO DEVELOP A MASTER PLAN FOR WATER, STORM WATER AND WASTEWATER SERVICES FOR THE GULF COAST REGION; TO PROVIDE REQUIREMENTS FOR THE MASTER PLAN; TO AUTHORIZE THE AUTHORITIES TO ISSUE REVENUE BONDS FOR SUCH PROJECTS; TO BRING FORWARD SECTIONS 49-17-162, 49-17-163, 49-17-165, 49-17-167, 49-17-171, 49-17-303, 49-17-305, 49-17-307, 49-17-309 AND 49-17-311, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

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

SECTION 1. Title.

Sections 1 through 36 shall be known and may be cited as the "Mississippi Gulf Coast Region Utility Board Act."

SECTION 2. Legislative findings.

In the spirit of 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, storm water and solid waste 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 water, wastewater, storm water and solid waste services within the areas of the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone. It is further declared that there is need for the planning, acquisition, construction, maintenance, operation and coordination of user-funded water, wastewater, storm water and solid waste systems in order to ensure protection of the waters of the state and to ensure the delivery of water, wastewater, storm water and solid waste services to citizens of the Gulf Coast Region. The creation of the Mississippi Gulf Region Utility Board Act is determined to be necessary and essential to the accomplishment of these purposes.

SECTION 3. Definitions.

Words and phrases used in this act shall have meanings as follows:

(a) "Act" means the Mississippi Gulf Region Utility Board Act.

(b) "Authority" or "authorities" means the George County Utility Authority; the Hancock County Utility District; the Harrison County Utility District; the Jackson County Utility District; the Pearl River County Utility Authority; or the Stone County Utility Authority, or any combination.

(c) "Bonds" mean interim notes having a maturity of three (3) years or less, revenue bonds and other certificates of indebtedness of the authority issued under the provisions of this act.

(d) "Fiscal year" means the period of time beginning on October 1 of each year and ending on September 30 of each year.

(e) "Gulf Coast Region" means the areas encompassed by the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone.

(f) "Master plan" means the comprehensive plan for the development of regional water, wastewater and storm water systems and services that incorporates existing systems and services includes new systems and services to provide efficient, environmentally sound, and storm resistant water, wastewater and storm water infrastructure and services protective of human health and the environment for all municipalities and political subdivisions within the Gulf Coast Region. The master plan shall address current and future infrastructure and service needs and shall address the need for the acquisition, construction, development, maintenance and operation of water, wastewater and storm water systems and services within the Gulf Coast Region. The master plan shall also consider existing solid waste management plans developed by public agencies within the Gulf Coast Region.

(g) "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 Gulf Coast Region.

(h) "Person" means the State of Mississippi, a county, a municipality, any public agency, 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, co-partnership, association, firm, trust, estate or any other entity whatsoever.

(i) "Project" means the construction, development or acquisition by the authority or authorities of any infrastructure for water, wastewater, storm water or solid waste systems or services and includes upgrading or repair of existing systems and services.

(j) "Public agency" means any county, municipality, any state board or commission owning or operating properties, any district created pursuant to the general laws of the State of Mississippi or local and private laws of the State of Mississippi, including, or any other political subdivision of the State of Mississippi 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, storm water, solid waste and wastewater.

(k) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting from that precipitation.

(l) "Solid waste" means solid waste as defined in Section 17-17-3, Mississippi Code of 1972.

(m) "System" or "systems" means any plants, structures, facilities and other real and personal property, used or useful in the generation, storage, transportation or supply of water, the collection, transportation, treatment or disposal of wastewater and storm water, and the collection, transportation or disposal of solid waste, including, but not limited to, landfills, rubbish sites, wells, tanks, reservoirs, lakes, streams, ponds, pipes, trunk lines, mains, sewers, conduits, pipelines, pumping and ventilating stations, plants and works, connections and any other real and personal property and rights therein necessary, useful or convenient for the purposes of the utility board or authorities in connection therewith.

(n) "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.

(o) "Water" means potable water, service water and groundwater.

(p) "Utility board" means the Mississippi Gulf Coast Region Utility Board.

SECTION 4. Preparation of master plan for Gulf Coast Region.

(1) In order to ensure the protection of human health and the environment, the Mississippi Department of Environmental Quality is hereby empowered and authorized, in addition to any other powers, to develop a master plan for the delivery of water, storm water, wastewater and solid waste management services for the Gulf Coast Region. In developing the master plan, the department shall consider input from the affected counties and municipalities within the Gulf Coast Region. Such input shall include, but not be limited to, comprehensive land use plans, any existing infrastructure facility plans, and any other relevant information the counties and municipalities may submit in a timely manner.

(2) The master plan shall include, but not be limited to, the following:

(a) An inventory of the sources, composition and quantities, and quality of wastewater and storm water annually generated within the Gulf Coast Region, and the source, composition and quality of drinking water currently available throughout the Gulf Coast Region;

(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 Gulf Coast Region. 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 by wastewater and storm water and to improve the quality and ensure the availability of potable water available to the residents within the Gulf Coast Region;

(e) A projection of wastewater and storm water generated within the Gulf Coast Region over the next twenty (20) years and a projection of the potable water needs of the Gulf Coast Region 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) of this subsection;

(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;

(i) Prioritization of infrastructure consistent with the priorities of each authority;

(j) A projection of demographic changes within the boundaries of each authority to determine future service needs;

(k) Identification of infrastructure barriers that are restricting population growth and solutions to facilitate population growth;

(l) Identification, evaluation and incorporation of existing water, wastewater, storm water and solid waste management plans or planning efforts within each authority; and

(m) Any other information as may be deemed necessary.

(3) The Mississippi Gulf Coast Region Utility Board shall assume the powers and duties for the implementation and revision of the master plan upon entering into a memorandum of agreement with the Department of Environmental Quality.

SECTION 5. Creation of the Mississippi Gulf Coast Region Utility Board.

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 Region Utility Board" for purposes of preparing comprehensive planning and services to the George County Utility Authority, the Pearl River County Utility Authority, the Stone County Utility Authority, the Hancock County Utility District, the Harrison County Utility District, the Jackson County Utility District (hereinafter collectively the "authorities" and individually the "authority" that identifies the best means to meet all present and future water, wastewater, storm water and solid waste needs and that addresses all environmental issues for the Gulf Coast Region.

SECTION 6. Board of Directors of the Mississippi Gulf Coast Region Utility Board.

(1) (a) All powers of the Mississippi Gulf Coast Utility Board shall be exercised by a board of directors to be composed of a total of nine (9) directors appointed as provided in this subsection.

(b) Upon passage of this act, the Governor shall appoint one (1) resident from each county within the Gulf Coast Region. The initial terms of the members appointed under this paragraph 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; and the Stone County director shall serve for six (6) years. Upon the expiration of the initial term of a director appointed by the Governor under this paragraph, subsequent appointments of directors shall be made by the utility authority of the county that the director whose term has expired represents. Any vacancy arising before the expiration of a director's initial term, or a vacancy created by the removal of a director during his initial term for any other reason, shall be filled by appointment made by the Governor.

(c) The Governor shall appoint three (3) at-large members. At-large members shall be residents of the Gulf Coast Region. Upon passage of this act, the Governor shall appoint the at-large members whose initial terms shall be for two (2), four (4) and six (6) years, respectively, as designated by the Governor. The appointments made under this paragraph shall be made so that no county shall have more than three (3) residents on the board of directors.

(d) After the expiration of the initial terms of the directors, all subsequent terms shall be for a period of six (6) years. An appointment to fill a vacancy shall be for the balance of the unexpired term.

(e) At the initial meeting of the board, the board shall elect a president and a vice president. Thereafter, the board will annually, at the last meeting of the fiscal year, elect a president and a 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 per diem pay as provided for in Section 25-3-69, Mississippi Code of 1972.

(f) Any member who does not attend three (3) consecutive regular meetings of the authority shall be subject to removal by a majority vote of the board.

(2) The president shall be the chief executive officer of the utility board 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. Each director shall be required to give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00), with sureties qualified to do business in this state, and the premiums on said bonds shall be an expense of the utility board. Each bond shall be payable to the State of Mississippi. The condition of each bond shall be that each director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as a director of the utility board.

(3) A quorum for any meeting of the board of directors shall be the majority of the total membership of the board of directors. All business of the utility board shall be transacted by vote of the board of directors.

(4) The utility board shall conduct regular meetings as set forth in its bylaws. The utility board shall establish rules and regulations regarding its meetings and may amend such bylaws, rules and regulations as may be necessary to conduct the business of the board.

SECTION 7. Employees; budget.

(1) The utility board may employ and terminate staff, including, but not limited to, attorneys, engineers and consultants as may be necessary. The utility board may hire an executive director and secretary-treasurer having the duties as determined by the utility board. If hired, the executive director and secretary-treasurer each shall be required to give bond in a sum not less than Fifty Thousand Dollars ($50,000.00) conditioned on the executive director and secretary-treasurer faithfully performing all duties of his office and account for all money and other assets which come into his custody as executive director or secretary-treasurer of the utility board.

(2) The utility board shall prepare a budget consistent with its bylaws estimating its expenses and revenue needs for each forthcoming fiscal year at least ninety (90) days prior to the beginning of each fiscal year. Until such time as the utility board receives necessary funding from alternative sources, the "Public Trust Tidelands Fund," found in Section 29-15-9, may provide the utility board with funds not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per year as specifically appropriated by the Legislature for the utility board's operational costs.

(3) The utility board shall have the authority to receive and spend funds from any source.

SECTION 8. Duties and responsibilities of the utility board.

(1) The utility board 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, and to enjoy all the protections, immunities and benefits provided by the Mississippi Tort Claims Act, as it may be amended or supplemented from time to time;

(b) To adopt an official seal and alter the same at pleasure;

(d) To own/lease real or personal property;

(e) To invest money of the utility board, including proceeds from the sale of any bonds subject to any agreements with bondholders, on such terms and in such manner as the utility board deems proper;

(f) To adopt and establish rules and regulations regarding the use of decentralized wastewater treatment systems and individual on-site wastewater treatment systems. Notwithstanding any other provision contained in the laws of the State of Mississippi, the utility board may adopt and establish standards, rules and regulations related to the aforementioned treatment systems which are more stringent than applicable state laws and regulations;

(g) To receive funding from state, local and federal sources and to coordinate the distribution of funds to members within the boundary of the utility board;

(h) To enter into contracts for all operation and maintenance needs of the utility board;

(i) To acquire insurance for the utility board's systems, facilities, buildings, treatment plants and all property, real or personal, to insure against all risks as any insurance may, from time to time, be available;

(j) To develop and maintain long-range planning for collection and treatment systems of water, wastewater, storm water and solid waste from within the areas encompassed by the utility board and for pollution abatement;

(k) To enter into contracts with any person or any public agency 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 and for such consideration, nominal or otherwise, 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. The utility board may also assume or continue any contractual or other business relationships entered into by the members of the utility board, including the rights to receive and acquire transferred under option to purchase agreements;

(l) To make and enforce, and from time to time amend and repeal, ordinances, bylaws, 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;

(m) 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;

(n) To adopt rules and regulations necessary to ensure uniformity in systems and technology consistent with the master plan;

(o) To adopt rules and regulations necessary to ensure the payment of each participating member of its proportionate share of the costs for use of any of the systems and facilities of the utility board;

(p) To enter onto public or private lands, waters or premises for the purposes of making surveys, borings or soundings, or conducting tests, examinations or inspections for the purposes of the utility board, subject to responsibility for any damage done to property entered;

(q) The utility board shall determine consistency of activities for water, wastewater, storm water and solid waste with the master plan;

(r) The utility board shall arbitrate cross-jurisdictional disputes pertaining to water, wastewater, storm water and solid waste between county authorities; and

(s) The utility board shall prioritize projects to be accomplished under the master plan.

(2) The utility board may assume control and administer water, wastewater, storm water and solid waste systems within the boundaries of the Gulf Coast Region by agreement with the authorities. However, the governing board of such authority, public agency or person may choose to maintain authority over the retail connections in its service area and may charge a premium in addition to the treatment charges of the utility authority. The governing board of such authority, public agency or person shall be responsible for collecting treatment fees from its customers sufficient to defray the cost of operation of such systems.

(3) The utility board may create, maintain and regulate reservoirs and promulgate and enforce rules and regulations for the creation and maintenance of reservoirs.

(4) Upon agreement with an authority, the utility board has the power to assume or continue that authority's contractual or other business relationships, including the right to receive and acquire transferred rights under option to purchase agreements.

(5) The utility board shall have the power to contract with the authorities under any terms mutually agreed by the parties to carry out any powers, duties or responsibilities granted by this act or any other laws of the State of Mississippi to the authorities. If an authority contracts with the utility board to carry out any powers, duties or responsibilities of the authority, the utility board may exercise all powers and rights provided and enumerated in Sections 20 through 36 of this act, including power to acquire, construct, operate and maintain the regional water, wastewater or storm water systems consistent with the master plan or solid waste systems consistent with applicable Sections 17-17-201 through 17-17-349.

SECTION 9. Jurisdiction of the utility board.

Any system of any county, municipality, public agency or other persons which becomes connected with, or tied into, the treatment systems of the utility board, shall be subject to its jurisdiction and the terms of this act.

SECTION 10. Creation of the George County Utility Authority.

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 "George County Utility Authority." The authority is composed of the geographic area of George County as defined in Section 19-1-39, Mississippi Code of 1972, for the planning, acquisition, construction, maintenance, operation and coordination of user-funded water, wastewater, storm water and solid waste systems in order to ensure the delivery of water, wastewater, storm water and solid waste services to citizens residing within the boundaries of George County. The George County Utility 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 George County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.

SECTION 11. Board of Directors for George County Utility

Authority.

(1) All powers of the George County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of passage of this act, the Board of Supervisors of George County shall appoint three (3) residents from the county, of which at least one (1) shall be an elected official, and the Board of Aldermen of the City of Lucedale shall appoint two (2) residents from the city, of which at least one (1) shall be an elected official. The board of supervisors shall appoint one (1) director for a term of one (1) year; one (1) director for a term of three (3) years; and one (1) director for a term of four (4) years; and the City of Lucedale shall appoint one (1) director for a term of two (2) years and one (1) director for a term of three (3) years. At the expiration of the initial terms, each director shall thereafter be appointed to a term of four (4) years. Any vacancy arising by expiration of a director's term, or a vacancy created by the removal of a director for any other reason, shall be filled by appointment made by the party originally responsible for the appointment of the director vacating his or her appointment. The directors shall serve at the will and pleasure of the governing body making the appointments.

(2) The board of directors shall elect annually from its number a president and vice president of the authority and such other officers as in the judgment of the board are necessary. 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 also shall appoint a secretary and a treasurer who may or may not be members of the board, and it may combine these offices. The treasurer shall give bond in the sum of not less than One Hundred Thousand Dollars ($100,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Twenty-five Thousand Dollars ($25,000.00), 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 and director will faithfully perform all duties of his office and account for all money and other assets which shall come into his or her custody as treasurer or director of the authority.

(3) The members of the board of directors of the authority shall serve without salary, but shall be entitled to receive per diem pay as provided for in Section 25-3-69, Mississippi Code of 1972. Further, they shall be reimbursed their actual travel and hotel expenses as provided in Section 25-3-41, Mississippi Code of 1972, incurred while in the performance of their duties as members of the board of directors of the authority, to be paid on an itemized statement approved by the Department of Finance and Administration. Expenses shall be paid from available funds of the authority.

(4) All business of the authority shall be transacted by a simple majority affirmative vote of the total membership of the board of directors. The quorum for any meeting of the board of directors shall be a simple majority of the total membership of the board of directors.

(5) The authority is hereby granted all powers and rights granted pursuant to Sections 20 through 36 of this act.

SECTION 12. Creation of the Pearl River County Utility Authority.

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 "Pearl River County Utility Authority." The authority is composed of the geographic area of Pearl River County as defined in Section 19-1-109, Mississippi Code of 1972, for the planning, acquisition, construction, maintenance, operation and coordination of user-funded water, wastewater, storm water and solid waste systems in order to ensure the delivery of water, wastewater, storm water and solid waste services to citizens residing within the boundaries of Pearl River County. The Pearl River County Utility 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 Pearl River County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.

SECTION 13. Board of Directors for Pearl River County Utility Authority.

(1) All powers of the Pearl River County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of passage of this act, the Board of Supervisors of Pearl River County shall appoint three (3) residents from the county, of which at least one (1) shall be an elected official, and the Board of Aldermen of the City of Picayune shall appoint one (1) elected official from the city, and the Board of Aldermen of the City of Poplarville shall appoint one (1) elected official from the city. The board of supervisors shall appoint one (1) director for a term of one (1) year, one (1) director for a term of two (2) years and one (1) director for a term of three (3) years; the City of Picayune shall appoint its director for a term of three (3) years and the City of Poplarville shall appoint one (1) director for a term of four (4) years. At the expiration of the initial terms, each director shall thereafter be appointed to a term of four (4) years. Any vacancy arising by expiration of a director's term, or a vacancy created by the removal of a director for any other reason, shall be filled by appointment made by the party originally responsible for the appointment of the director vacating his or her appointment. The directors shall serve at the will and pleasure of the governing body making the appointments.

(2) The board of directors shall elect annually from its number a president and a vice president of the authority, and such other officers as in the judgment of the board are necessary. 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, fails or declines to act, except the president's right to vote. The board also shall appoint a secretary and a treasurer who may or may not be members of the board, and it may combine these offices. The treasurer shall give bond in the sum of not less than One Hundred Thousand Dollars ($100,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Twenty-five Thousand Dollars ($25,000.00), 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 and director will faithfully perform all duties of his office and account for all money and other assets which shall come into his or her custody as treasurer or director of the authority.

(5) The authority is hereby granted all powers and rights granted pursuant to Sections 20 through 36 of this act.

SECTION 14. Creation of the Stone County Utility Authority.

(1) 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 "Stone County Utility Authority." The authority is composed of the geographic area of Stone County as defined in Section 19-1-131, Mississippi Code of 1972, for the planning, acquisition, construction, maintenance, operation and coordination of user-funded water, wastewater, storm water and solid waste systems in order to ensure the delivery of water, wastewater, storm water and solid waste services to citizens residing within the boundaries of Stone County. The Stone County Utility 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 Stone County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.

SECTION 15. Board of Directors for Stone County Utility Authority.

(1) All powers of the Stone County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of passage of this act, the Board of Supervisors of Stone County shall appoint three (3) residents from the county, of which at least one (1) shall be an elected official, and the Board of Aldermen of the City of Wiggins shall appoint two (2) residents from the city, of which at least one (1) shall be an elected official. The board of supervisors shall appoint one (1) director for a term of one (1) year; one (1) director for a term of three (3) years; and one (1) director for a term of four (4) years; and the City of Wiggins shall appoint one (1) director for a term of two (2) years and one (1) director for a term of (3) years. At the expiration of the initial terms, each director shall thereafter be appointed to a term of four (4) years. Any vacancy arising by expiration of a director's term, or a vacancy created by the removal of a director for any other reason, shall be filled by appointment made by the party originally responsible for the appointment of the director vacating his or her appointment. The directors shall serve at the will and pleasure of the governing body making the appointments.

(2) The board of directors shall elect annually from its number a president and vice president of the authority, and such other officers as in the judgment of the board are necessary. 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, fails or declines to act, except the president's right to vote. The board also shall appoint a secretary and a treasurer who may or may not be members of the board, and it may combine these offices. The treasurer shall give bond in the sum of not less than One Hundred Thousand Dollars ($100,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Twenty-five Thousand Dollars ($25,000.00), 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 and director will faithfully perform all duties of his office and account for all money and other assets which shall come into his or her custody as treasurer or director of the authority.

(5) The authority is hereby granted all powers and rights granted pursuant to Sections 20 through 36 of this act.

SECTION 16. Creation of the Harrison County Utility District.

(1) 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 "Harrison County Utility District." The district is composed of the geographic area of Harrison County as defined in Section 19-1-47, Mississippi Code of 1972, for the planning, acquisition, construction, maintenance, operation and coordination of user-funded water, wastewater, storm water and solid waste systems in order to ensure the delivery of water, wastewater, storm water and solid waste services to citizens residing within the boundaries of Harrison County.

(2) All powers of the Harrison County Utility District shall be exercised by the Board of Directors of the Harrison County Wastewater and Solid Waste Management District. In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted to authorities under this act and shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.

SECTION 17. Creation of the Jackson County Utility District.

(1) 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 "Jackson County Utility District." The district is composed of the geographic area of Jackson County as defined in Section 19-1-59, Mississippi Code of 1972, for the planning, acquisition, construction, maintenance, operation and coordination of user-funded water, wastewater, storm water and solid waste systems in order to ensure the delivery of water, wastewater, storm water and solid waste services to citizens residing within the boundaries of Jackson County.

(2) All powers of the Jackson County Utility District shall be exercised by the Board of Directors of the Gulf Coast Regional Wastewater Authority. In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted to authorities under this act and shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.

SECTION 18. Creation of the Hancock County Utility District.

(1) 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 "Hancock County Utility District." The district is composed of the geographic area of Hancock County as defined in Section 19-1-59, Mississippi Code of 1972, for the planning, acquisition, construction, maintenance, operation and coordination of user-funded water, wastewater, storm water and solid waste systems in order to ensure the delivery of water, wastewater, storm water and solid waste services to citizens residing within the boundaries of Hancock County.

(2) All powers of the Hancock County Utility District shall be exercised by the Board of Directors of the Southern Regional Wastewater Management District. In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted to authorities under this act and shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.

SECTION 19. Provisions common to the authorities.

The purpose of Sections 20 through 36 is to confer certain additional powers on the authorities already created or to be created under the laws of the State of Mississippi for the purpose of cooperating with federal, state and local public agencies for the further development of regional water, wastewater, storm water and solid waste utility services within the Gulf Coast Region.

SECTION 20. Powers of the authorities.

To the end that water, wastewater, storm water and solid waste management is essential to the development and redevelopment of the Mississippi Gulf Coast Region; the following powers are conferred upon the authorities:

(a) To acquire, construct, improve, enlarge, extend, repair, operate and maintain one or more of its systems used for the collection, transportation, treatment and disposal of water, wastewater, storm water or solid waste;

(b) To make contracts with any person in furtherance thereof; and to make contracts with any person, under the terms of which the authority will collect, transport, treat or dispose of water, wastewater, storm water or solid waste for such person;

(c) To make contracts with any person to design and construct any water, wastewater, storm water or solid waste systems or facilities, 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;

(d) 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, storm water or solid waste 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, storm water or solid waste collection, transportation, treatment or its other 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 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;

(e) To enter into contracts with any person or any public agency, including, but not limited to, contracts authorized by this act, in furtherance of any of the purposes authorized under 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, notwithstanding any provision or rule of law to the contrary; may be upon such terms and for such consideration, nominal or otherwise, 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.

SECTION 21. Powers of the authorities generally.

From and after the passage of this act, each and every authority shall have, in addition to any other powers granted under any other provision of law, including, but not limited to, the following:

(a) To adopt an official seal and alter the same at pleasure;

(b) To sue and be sued, in its own name, and to enjoy all of the protections, immunities and benefits provided by the Mississippi Tort Claims Act as it may be amended or supplemented from time to time;

(d) To invest money of the authority, including proceeds from the sale of any bonds subject to any agreements with bondholders, on such terms and in such manner as the authority deems proper;

(e) To manage, approve, implement and enforce standards and rules and regulations adopted by the utility board, including the appropriateness of the use of centralized and decentralized wastewater treatment systems and individual on-site wastewater treatment systems;

(f) To require 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 or an agreement 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 purposes of this act;

(g) 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, any water, wastewater, storm water or solid waste system within the authority's service area. The authority may pay all or part of the cost of any system from any contribution by persons, firms, public agencies or corporations. The authority may receive, accept and use all funds, public or private, and pay all costs of the development, implementation and maintenance as may be determined as necessary for any project;

(h) To acquire, in its own name, by purchase on any terms and conditions and in any manner as it may deem proper, including 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;

(i) To acquire insurance for the authority's systems, facilities, buildings, treatment plants and all property, real or personal, to insure against all risks as any insurance may, from time to time, be available;

(j) To 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 authority 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 authority shall be held by the authority exclusively for the benefit of the public;

(k) 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, district 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, district or instrumentality shall impose. The authority may administer trusts. The authority may sell, lease, transfer, convey, appropriate and pledge any and all of its property and assets;

(l) To make and enforce, and from time to time amend and repeal, bylaws, rules, ordinances 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;

(m) To employ and terminate 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 board;

(n) To establish and maintain rates and any other charges for services and the use of systems and facilities within the control of the authority, and from time to time, to adjust such rates and any other charges to the end that the revenues therefrom will be sufficient at all times to pay the expenses of operating and maintaining of the facilities and treatment systems and all of the persons' obligations under any contract or bond resolution with respect thereto or any obligation of any person under any agreement, contract, indenture or bond resolution with respect thereto. Such rates and any other charges shall not be subject to the jurisdiction of the Mississippi Public Service Commission;

(o) 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 and for the costs of the utility board;

(p) 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;

(q) 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;

(r) To control and operate local retail water, wastewater, storm water and solid waste services and may provide or be responsible for direct servicing of those services to residences, businesses and individuals; however, the authority shall not provide the same services in an area provided by a public utility or person holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission for the provision of such services in the certificated area. Any rates, fees, assessments or other charges shall not be under the control or regulation of the Mississippi Public Service Commission;

(s) To assume control and administer, within the authority's jurisdiction any water, wastewater, storm water or solid waste system or systems by agreement and/or contract with any person providing that such services are requested by such person to be relieved of that responsibility. However, the person shall maintain control over connections in their service areas and may charge rates and any other charges in addition to the rates and any charges of the authority;

(t) The authority shall have the power of eminent domain for the particular purpose of the acquisition of property designated by plan to sufficiently accommodate the location of water, wastewater, storm water or solid waste systems and such requirements related directly thereto pursuant to the provisions of Chapter 27, Title 11, Mississippi Code of 1972. The authority may acquire by eminent domain property necessary for any system and the exercise of the powers, rights and duties conferred upon the authority by this act. No person 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 lands or interest of the authority held or used for the purposes of this act, but any such activities shall be subject to reasonable regulations by the board of directors that will adequately protect the systems or projects of the authority;

(u) To use any legally available funds to acquire, rebuild, operate and maintain any existing water, wastewater, storm water or solid waste systems owned or operated by any person;

(v) To refuse to receive wastewater, storm water or solid waste from any public agency or person thereof not currently using any system and which may be acquired or within the control if inconsistent with the master plan; and

(w) So long as any indebtedness on the systems of the authority remains outstanding, to require by contract with a member public agency, or other person, that all water, wastewater and storm water within the boundaries of the respective 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.

SECTION 22. Promulgation of rules and regulations relating to construction, operation and maintenance of any water, wastewater, storm water and solid waste facilities and systems within each authority's service area.

(1) The authority shall have the power, duty and responsibility to exercise general supervision over the design, construction, operation and maintenance of water, wastewater, storm water and solid waste systems.

(2) The authority shall adopt rules and regulations regarding the design, construction or installation, operation and maintenance of water, wastewater, storm water and solid waste systems.

(3) The authority shall adopt rules and regulations regarding the use of centralized wastewater treatment systems and enforce rules and regulations adopted by the utility board regarding the use of decentralized treatment systems and individual on-site wastewater treatment systems.

(4) The authority shall adopt rules establishing performance standards for water, wastewater, storm water and solid waste systems and the operation and maintenance of the same. Such rules and regulations shall include the implementation of a standard application form for the installation, operation and maintenance of such systems; application review; approval or denial procedures for any proposed system; inspection, monitoring and reporting guidelines; and enforcement procedures.

(5) No county, municipality, public agency or person shall construct or place a residence, building, facility or development within the authority's service area which may require the installation of a water, wastewater, storm water or solid waste system or systems without first obtaining approval from the authority, or its designee.

(6) Any system of any municipality, public agency or other persons which becomes connected with, or tied into, the systems of the authority, shall be subject to the authority's jurisdiction and the terms of this act.

(7) The authority shall approve all water, wastewater, storm water and solid waste systems prior to approval by the appropriate state agency or staff.

(8) Notwithstanding the provisions of Section 51-39-1 et seq., the authority shall have the full power to adopt rules and regulations and to construct, maintain and operate facilities for the control of storm water quality and quantity. In addition, the provisions of Section 51-33-1 et seq. relating to drainage districts and flood control districts do not apply to the authority.

(9) The authority may control and operate the local retail water, wastewater, storm water or solid waste services and may provide or be responsible for direct servicing of those services to residences, businesses and individuals; however, the authority shall not provide the same services in an area provided by a public utility or person holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission for the provision of such services in the certificated area.

SECTION 23. Contracts between public agencies and authority for provision of water, wastewater, storm water or solid waste services by the authority; payment for services and contributions by public agencies.

(1) Any public agency or person, pursuant to a duly adopted resolution of the governing body of such public agency, may enter into contracts with the authority or authorities under the terms of which the authority will manage, operate and contract for usage of its systems and facilities, or other services, for such person or public agency.

(2) Any public agency or person may 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 or any systems.

(3) 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 systems of any person by the authority or by any person contracting with the authority to operate such systems.

(4) 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 systems.

(5) 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 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, 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 or to fulfill any other requirement relating to bonds issued pursuant to this act.

(6) Any public agency shall have the power to enter into such contracts with the authority as in the discretion of the governing body of the public agency would be in the best interest of the public 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.

(7) 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 systems or of its combined systems, or any part thereof, such obligations shall be treated as expenses of operating such systems.

(8) 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.

(9) 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.

(10) 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 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.

(11) 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 systems, or any part thereof, owned or operated by such public agency.

SECTION 24. Rates and fees charged by public agencies for services provided by authority.

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 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 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 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 bonds theretofore issued, or which may be issued thereafter and secured by the revenues of such 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 25. Public Service Commission notice.

(1) Notwithstanding the provisions of Sections 77-3-21 and 77-3-23, Mississippi Code of 1972, the certificate of public convenience and necessity held by any member, municipality, public agency, district, public utility or other person authorized by law to provide water, sewer and wastewater services may be canceled and its powers, duties and responsibilities transferred to the authority in the manner provided by this section.

(2) Any entity described in subsection (1) of this section desiring to have its certificate of public convenience and necessity canceled and its powers, duties and responsibilities transferred to the authority shall make a determination to that effect on its official minutes if a public entity, or by affidavit if not a public entity, and transmit such determination to the authority.

(3) Upon receipt of the document evidencing such determination from an entity to transfer its powers, duties and responsibilities to the authority, the authority shall by resolution declare whether it is willing and able to accept such transfer from the entity.

(4) Upon completion of the requirements of subsections (2) and (3) herein and agreement by both parties to the transfer, the holder of the certificate of public convenience and necessity and the authority shall jointly petition the Public Service Commission to cancel the certificate of public convenience and necessity. The petition must be accompanied by copies of the official minutes, affidavit or resolution, as the case may be, reflecting the actions of the petitioners. After review of the petition and any other evidence as the Public Service Commission deems necessary, the commission may issue an order canceling the certificate and transferring to the authority the powers, duties and responsibilities granted by the certificate, including all assets and debts of the transferor petitioner related to such certificated services, real or personal, or both, if it finds that:

(a) Subsections (2) and (3) of this section have been complied with; and

(b) Such action is in the public interest.

(5) The authority and providers of water, sewer, wastewater and storm water services that are not holders of a certificate of a public convenience and necessity from the Public Service Commission may enter into agreements for the provision of such services, including, but not limited to, the transfer to the authority of such provider's powers, duties, responsibilities, assets and debts.

SECTION 26. Validation of prior indebtedness.

(1) Any system of a municipality, public agency or person that becomes subject to the jurisdiction of an authority and this act shall not impair, invalidate or abrogate any liens, bonds or other certificates of indebtedness related to water, storm water or wastewater facilities and systems incurred prior to becoming subject to the jurisdiction of the authority.

(2) The authority may do and perform any and all acts necessary, convenient or desirable to ensure the payment, redemption or satisfaction of such liens, bonds or other certificates of indebtedness.

SECTION 27. The power to borrow money and to issue revenue

bonds.

(1) Sections 27 through 36 apply to all bonds to be issued after the effective date of this act and such provisions shall not affect, limit or alter the rights and powers of any authority under this act or any law of Mississippi 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 any existing bonds, or in any other way impair the rights and remedies of the registered owners of any existing 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.

(2) 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.

(3) Before issuing bonds, other than interim notes or refunding bonds as provided in Section 28, 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 which have contracted with the authority pursuant to this act.

(4) 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 contracting 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.

(5) 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 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. The term of such bond issued pursuant to this act shall not exceed forty (40) years.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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 28. Bonds of authority.

(1) Refunding bonds. 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 the 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) Interim notes. 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 29. 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; however, notice of such validation proceedings shall be addressed to the citizens of the respective 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 contracting public agencies to whose citizens the notice is addressed. 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 30. 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. 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 31. The authority shall have power in connection with the issuance of its bonds pursuant to this act 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; and

(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 32. The authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds issued pursuant to this act, 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 authority's systems, 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 33. (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 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 the 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 and pursuant to 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 34. 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 35. 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, assessments 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 36. For the purposes of satisfying any temporary cash flow demands and deficiencies, and to maintain a working balance for the authority, the county, municipalities or public agencies within the geographic boundaries of the authority, or other persons, subject to their lawful authority to do so, are authorized to advance, at any time, such funds which, in its discretion, are necessary, or borrow such funds by issuance of notes, for initial capital contribution and to cover start-up costs until such times as sufficient bonds, assets and revenues have been secured to satisfy the needs of the authority for its management, operation and formation. To this end, the county, municipality, public agency or person, subject to their lawful authority to do so, shall advance such funds, or borrow such funds by issuance of notes, under such terms and conditions as may be provided by resolution of the governing body, or other persons as defined in this act, subject to their lawful authority to do so, except that each such resolution shall state:

(a) The need for the proceeds advanced or borrowed;

(b) The amount to be advanced or the amount to be borrowed;

(c) The maximum principal amount of any note issued the interest rate or maximum interest rate to be incurred, and the maturity date of said note;

(d) In addition, the governing body, or other persons as defined in this act, subject to their lawful authority to do so, may arrange for lines of credit with any bank, firm or person for the purpose of providing an additional source of repayment for notes issued pursuant to this section. Amounts drawn on a line of credit may be evidenced by negotiable or nonnegotiable notes or other evidences of indebtedness and contain such terms and conditions as the governing body, or other persons as defined in this act, subject to their lawful authority to do so, may authorize in the resolution approving the same;

(e) The governing body of the county, municipalities or other persons as defined in this act, subject to their lawful authority to do so, may authorize the repayment of such advances, notes, lines of credit and other debt incurred under this section, along with all costs associated with the same, including, but not limited to, rating agency fees, printing costs, legal fees, bank or trust company fees, line of credit fees and other charges to be reimbursed by the authority under such terms and conditions as are reasonable and are to be provided for by resolution of the governing body, or terms agreed upon with other persons as defined in this act, subject to their lawful authority to do so;

(f) In addition, the governing body of the county, municipality or public agency may lease or donate office space and equipment to the authority under such terms and conditions as are reasonable and are to be provided for by resolution of the governing body, or terms agreed upon by the authority.

SECTION 37. 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 38. 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 39. 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 40. 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;

(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;

(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; and

(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 41. 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 USC 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 42. 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 43. 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 44. 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 45. 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;

(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;

(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;

(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;

(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; and

(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 46. 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 47. 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 48. This act shall take effect and be in force from and after its passage.