The chronicle., 1963-12-26

reserves, sinking funds. and payn sn a
made on principal and interest ac-
cruing from the operation OF such
separate system. 1t shall be the man
datory duty OF the County to issue the
required notice OF the call OF Its en-
tire $4,000 Combined Water and
Sewer Revenue Bonds at the Request
or the City on or after their callable
date and simultaneously to provide for
the issuance OF such refunding bonds
of the County as may be necessary
or required to refinance any revenue
bonds OF the County remaining out
standing after application of the pur-
chase price paid by the City to the
retirement of bonds called under such
notice. Provided, however, the County
shall not be under any obligation to
sell any of its properties unless the
County could refinance It's remaining
debt on the basis Of Its remaining re-
venues, but the County shall make
bonafide effort to do SO before making
a determination that the remaining
debt cannot be refinanced.
8. The City has adopted an ordin-
ance providing for the incorporation OF
the unincorporated territory In which
such separate County system Is to be
constructed, and has initiated proceed
ings to annex such territory In the
manner required by law. The County
will not object to such annexation and
agrees that all of the facilities to be
constructed under this contract shall
be considered on any annexation pro-
ceeding by the City to be facilities and
services to be rendered to such ter
ritory by the City. since such area was
an area that could have lawfully been
served by the City and the County
obtained the consent of the City to
serve such area before proceeding with
such project. The City in turn agrees
that so long as such bonds are out
standing 1t will not extend It's NUM-
cipal water or sewerage system in the
area Of the County's separate system.
10. 1t is recognized that the City
owns a gas utility system in the area
in which the County water and
sewerage system is to be constructed,
and that in the event of the annexa-
| ton Of such unincorporated territory
BY the City, that the City will be
responsible for the maintenance and
repair of the streets of such territory.
The County agrees that 1t will require
Its contractor to repair any damage to
such city gas utility system, or to
the streets Of such territory as pro
vided by the construction contracts
with the County and will not make
! final settlement with such contractor
until such contract has been com
piled with.
IL. 1t is agreed by the contracting
nlrtfpc that fhfr s.
to that part of the Combined Water
and Sewerage System of the County
TO be constructed in the area defined
in this agreement, and that such
system shall be operated separate and
apart from any other County system
except as to ALLEGATION of revenues
therelrom which operation and main
tenance shall be strictly in accordance
with the County's Resolution Of Sep
tember IL. 1863.
| IL. This contract shall be in force
and effect for SO long as any OF the
$5,O00,000 Combined Water and Sewer
Revenue Bonds of Jackson County.
Mississippi, issued under authority OF
the Resolution adopted by the County
on September IL. 1868, shall be out
standing and unpaid This contract
may be cancelled only with the con-
sent and agreement Of the City and
the County.
l3. Notwithstanding any provision
set forth herein. in the event there
might be a conflict between the terms
Of this contract and the terms Of the
Resolution adopted by the County on
September II, 1868, then the Resolu-
ton adopted by the County on Sep
I femhnF 10 1QG7 ha ha
authority, and final Interpretation
shall be in accordance with such
Resolution. The issuance and vail
dity Of such $5,o00,o Combined
| Water and Sewer Revenue Bonds of
Jackson County. Mississippi, issued
under the authority of the Resolution
adopted by the County on September
| II, 1868, shall not be affected by
| this contract and the County shall not
| be released from any OF Its RESPONSE
bilities Hereunder by this contract.
IA. All the contracting parties rec
ognize the urgent necessity OF furnish
/ ing water and sewerage facilities 10
the area designated in this contract
and do Jointly find, adjudicate and
determine that the execution Of this
contract is in the public interest.
ty and County Port Authority hereby
agree that all prior agreements between
| the named contracting parties are
merged into and superseded by this
agreement, which agreement is express
| ly authorized by Section "a, Chapter 494
] Of the Laws Of 1885, and Senate Bill
1888 regular session of the Mississippi
Legislature, 1862. Any party hereto
may enforce the contractual rights,
duties and obligations set out herein
as authorized by said Senate Bill 1888.
Published by order of the Board of
Mayor and Councilmen adopted on the
18th day of December, 1868.
\ (SEAL)
CITY OF PASCAGOULA,
BY: VINCENT P. ROS.
City Clerk.
At 1918, 26, 10. o