Senate Bill 2994

AN ACT TO AMEND SECTION 49-17-715, MISSISSIPPI CODE OF 1972, TO REVOKE THE POWER AND AUTHORITY OF THE GEORGE COUNTY BOARD OF SUPERVISORS TO REESTABLISH THE COUNTY UTILITY AUTHORITY UNDER THE MISSISSIPPI GULF COAST REGION UTILITY ACT AFTER A CERTAIN DATE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-17-715, Mississippi Code of 1972, is amended as follows:

49-17-715. (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 "George County Utility Authority," unless the George County Board of Supervisors dissolves the authority by January 1, 2007, as provided in subsection (2). The authority will be 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 water, wastewater and storm water systems in order to ensure the delivery of water, wastewater and storm water 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.

(2) (a) The board of supervisors may dissolve the George County Utility Authority by a resolution duly adopted and entered on its minutes stating that the authority is dissolved, and certifying compliance with the requirements for dissolution. The board of supervisors shall file a certified copy of the resolution with the Secretary of State and the Public Service Commission. For the dissolution to be effective, the following requirements must be met, the resolution must be adopted by January 1, 2007, and the county authority must not have any outstanding indebtedness of any kind or character nor have received any funds for the construction or operation of water, wastewater or storm water projects under this act.

(b) This subsection shall repeal January 2, 2007.

(3) If the county authority is dissolved, the board of supervisors may reestablish the county authority by a resolution duly adopted and entered on its minutes stating the necessity for the county authority. The resolution to reestablish the county authority must be adopted before July 1, 2007. The board shall file a certified copy of the resolution with the Secretary of State, the Public Service Commission and the utility board.

If the board of supervisors does not reestablish the county authority before July 1, 2007, the power and authority of the board of supervisors to reestablish the county authority is expressly revoked and George County shall be excluded from coverage under the Mississippi Gulf Coast Region Utility Act from and after July 1, 2007.

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