Senate Bill 3121

(As Passed the Senate)

AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SIMPSON COUNTY ECONOMIC DEVELOPMENT DISTRICT TO CONVEY THE WATER TANK AND RELATED WATER SYSTEM CURRENTLY EXISTING IN THE SIMPSON COUNTY COMMERCE PARK ON HIGHWAY 43, TOGETHER WITH A UTILITY EASEMENT THROUGH THE PARK PROPERTY, TO THE CITY OF MENDENHALL, MISSISSIPPI; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act:

(a) "District" means the Simpson County Economic Development District.

(b) "Property" means acreage acquired by the district in Section 9, Township 1 North, Range 4 East, Simpson County, Mississippi, on June 18, 2001, and December 20, 2002, for industrial development, which property is also known as the Simpson County Commerce Park on Highway 43 in Mendenhall, Mississippi, and more accurately described in Exhibit "A" to the attached resolution of the district.

(c) "Tank and related water system" means a two hundred fifty thousand (250,000) gallon double ellipsoidal water tank, with well and associated equipment, erected on the property by the district.

(d) "City" means the City of Mendenhall, Mississippi.

SECTION 2. The trustees of the district are authorized and empowered to convey the tank and related water system to the city, upon such terms and conditions, and for such considerations, with such safeguards as will best promote and protect the public interest, convenience and necessity, and to execute deeds, leases, contracts, easements and other legal instruments necessary or convenient therefor, including, but not limited to, the following provisions:

(a) The district will grant the city a properly surveyed utility easement through the property extending from the well site and along or parallel to the existing electric power easement to Bowen Road.

(b) The city will pay the expense of the survey, legal expenses and other costs associated with the cost of the transfer of the property.

(c) The conveyance shall be void, and the conveyed tank and related water system and easement shall immediately revert to the district, if the city does not have the well and tank operative within three hundred sixty-five (365) days of the date of the initial conveyance, or if the city has not incorporated the subject water system into its municipal water system within three (3) years of the date of the initial conveyance.

SECTION 3. This act shall take effect and be in force from and after its passage.