Senate Bill 3102

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF GAUTIER, MISSISSIPPI, TO IMPOSE A SPECIAL ASSESSMENT ON TENANTS, OWNERS OR OCCUPIERS OF THE SINGING RIVER MALL SITE IN THE AMOUNT OF 1% OF THE TOTAL RETAIL SALES GENERATED BY THE OPERATIONS OF EACH TENANT, OWNER OR OCCUPIER FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, EXPANSION, IMPROVEMENT, FURNISHING, EQUIPPING, MAINTAINING AND REPAIRING OF PROPERTIES, INFRASTRUCTURE AND IMPROVEMENTS RELATED TO THE SINGING RIVER MALL SITE; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act, the following terms shall have the following meanings unless a different meeting is clearly indicated by the context in which they are used:

(a) "City" means the City of Gautier, Mississippi.

(b) "Singing River Mall site" means real property within the City of Gautier comprising approximately eighty-eight (88) acres more accurately identified by Jackson County, Mississippi, Parcel Identification Numbers 82435270.100, 82435270.109, 82435270.101, 82435270.107, 82435270.040 and 82426590.020.

(d) "Owner" means any individual or entity possessing fee simple interest in any portion of the Singing River Mall site.

(e) "Occupier" means any individual or entity possessing a legal right to occupy and operate within any portion of the Singing River Mall site.

(f) "Governing authorities" means the mayor and council members of the city.

(g) "Site" means the Singing River Mall site.

(h) "Special assessment" means a levy imposed upon tenants, owners or occupiers of the Singing River Mall site based upon the retail sales generated within the site.

(i) "Retail sales" means sales of tangible personal property as defined under Section 27-65-7 or other applicable law.

SECTION 2. The city, acting through its governing authorities, is authorized and empowered to impose a special assessment upon any tenant, owner or occupier of any portion of the Singing River Mall site equal to one percent (1%) of the retail sales generated by such tenant, owner or occupier of the site.

SECTION 3. (1) The city, acting through its governing authorities, is authorized and empowered to utilize the revenue from the special assessment for the purpose of providing funds for the acquisition, construction, reconstruction, expansion, improvement, furnishing, equipping, maintaining and repairing of properties, infrastructure and improvements related to the Singing River Mall site, for the purpose of providing funds for the payment of debt service on any bonds issued by the city in connection therewith, including the pledging of such special assessment for such bonds, and for related purposes.

(2) The city, acting through its governing authorities, is authorized and empowered to enter into a contract or written agreement with the owner of any portion of the Singing River Mall

site wherein the city, in its sole discretion, may provide to the owner a portion of the special assessment for the construction, reconstruction, expansion, improvement, furnishing, equipping, maintaining and repairing of the site, and for related purposes. Under such an agreement, the city shall require the owner receiving the funds to provide to the city a detailed accounting of funds expended in relation to the construction, reconstruction, expansion, improvement, furnishing, equipping, maintaining and repairing of the site.

SECTION 4. (1) The special assessment shall be paid to the city by such tenants, owners or occupiers of the Singing River Mall site on or before the fifteenth day of the month following the month in which the relevant sales were made.

(2) The proceeds of the special assessment shall not be considered by the city as general fund revenues and shall be placed into a special fund created separate and apart from any other fund of the city.

(3) Accounting for receipts and expenditures of the revenue from the special assessment shall be made separately from the accounting of receipts and expenditures of the general fund and any other funds of the city. The records reflecting the receipts and expenditures of the revenue from the special assessment shall be audited annually by an independent certified public accountant, and the accountant shall make a written report of his audit to the governing authorities. The audit shall be made and completed as soon as practicable after the close of the fiscal year, and expenses of the audit shall be paid from the funds derived from this act.

(4) Any lease of the site shall contain a provision requiring payment of any special assessment imposed by the city pursuant to this act.

SECTION 5. Any special assessment imposed under this act must be approved by the governing authorities by resolution or order.

SECTION 6. The amount of the special assessment shall be based on the retail sales reported to the Mississippi Department of Revenue by the tenant, owner or occupier under Section 27-65-1 et seq., or other applicable law.

SECTION 7. This act shall be deemed to be full and complete authority for the exercise of powers granted under this act and shall not be in derogation of any existing law of this state, but shall be considered additional, supplemental and alternative to any other authority granted by law.

SECTION 8. This act shall repealed on and after July 1, 2023.

SECTION 9. This act shall take effect and be in force from and after its passage.