reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-337 - Bonds as legal investments

All bonds of the district shall be and are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employees' Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.
Codes, 1942, § 3665-20; Laws, 1962, ch. 226, § 20, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-339 - District and its bonds exempt from taxation

The accomplishment of the purposes stated in this article being for the benefit of the people of this state and for the improvement of their properties and industries, the district, in carrying out the purposes of this article, will be performing an essential public function and shall not be required to pay any tax or assessment on the project and related facilities or any part thereof. The interest on the bonds issued hereunder shall at all times be free from any taxation within this state, and the state hereby covenants with the holders of any bonds to be issued hereunder that the district shall not be required to pay any taxes or assessments imposed by the state or any of its political subdivisions or taxing districts.
Codes, 1942, § 3665-21; Laws, 1962, ch. 226, § 21, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-341 - Preliminary expenses

The district may borrow funds for a period of not to exceed three years and may renew and extend said loans from time to time, from any city, municipality, county, state, the United States of America, or any of its agencies or departments, or from any other source to pay the preliminary expenses of organizing the district or for carrying out any of the purposes of this article, including engineering services, attorneys fees and expenses, and other organization and administration expenses, on such terms of repayment as the board of directors shall determine; and any municipality or county in which any part of the district shall lie may advance or loan funds to said district for such purposes. Any such municipality or county making such loan or advance is authorized and empowered to borrow money for a period not to exceed three years from the date of such borrowing for the purpose of making such loan or advance. The board of directors is hereby authorized to repay any such advances from the proceeds of any bonds issued under the provisions of this article. In the event any said loan or advance is not paid at maturity thereof, the district is authorized to levy a tax on the lands of the district under the provisions of this article for the repayment thereof.
Codes, 1942, § 3665-22; Laws, 1962, ch. 226, § 22, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-343 - Depository for funds of district

(a)
The board of directors shall designate one or more banks within any county in which any part of the district shall lie to serve as depositories for the funds of the district, and all funds of the district shall be deposited in such depository bank or banks.
(b)
Before designating a depository bank or banks, the board of directors shall issue a notice stating the time and place the board will meet for such purpose and inviting the banks in the counties in which any part of the district shall lie to submit applications to be designated depositories. The term of service for depositories shall be prescribed by the board. Such notice shall be published one time in a newspaper or newspapers having general circulation in the district and specified by the board.
(c)
At the time mentioned in the notice, the board shall consider the applications and the management and condition of the banks filing them, and shall designate as depositories the bank or banks which offer the most favorable terms and conditions for the handling of the funds of the district and which the board finds have proper management and are in condition to warrant handling of district funds. Membership on the board of directors of an officer or director of a bank shall not disqualify such bank from being designated as a depository.
(d)
If no applications acceptable to the board are received by the time stated in the notice, the board shall designate some bank or banks within or without the district upon such terms and conditions as it may find advantageous to the district.
Codes, 1942, § 3665-23; Laws, 1962, ch. 226, § 23, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-345 - Agreements with the United States, the state, or political subdivisions

The board of directors of the district is hereby authorized and empowered to negotiate and contract with the United States of America, the State of Mississippi, or any political subdivision thereof concerning the location, relocation, alteration, construction, changing, or closing of any highway, street, bridge, or roadway, or for the facilities appurtenant thereto, and all lands, easements, and rights of way necessary thereto.
Codes, 1942, § 3665-24; Laws, 1962, ch. 226, § 24, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-347 - Cooperation with other governmental agencies

The district shall have authority to act jointly with political subdivisions of the state, its agencies, and commissions and instrumentalities thereof, with other states, with municipalities, with the United States of America, and agencies, departments, and instrumentalities thereof, in the performance of the purposes and services authorized in this article, upon such terms as may be agreed upon by the directors.
Codes, 1942, § 3665-25; Laws, 1962, ch. 226, § 25, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-349 - Urban flood and drainage control law controlling

The provisions of any other law, general, special, or local, except as provided in this article, shall not limit or restrict the powers granted by this article.
Codes, 1942, § 3665-26; Laws, 1962, ch. 226, § 26, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 35 - FLOOD CONTROL (§§ 51-35-1 — 51-35-351) › Article 5 - URBAN FLOOD CONTROL (§§ 51-35-301 — 51-35-351) › Section 51-35-351 - Savings clause

Nothing in this article shall be construed to violate any provision of the federal or state constitutions, and all acts done under this article shall be done in such manner as will conform thereto, whether herein expressly provided or not. Where any procedure hereunder may be held by any court to be violative of either of such constitutions, the district shall have the power by resolution to provide an alternative procedure conformable with such constitutions. If any provision of this article shall be invalid, such fact shall not affect the creation of the district or the validity of any other provision of this article.
Codes, 1942, § 3665-27; Laws, 1962, ch. 226, § 27, eff. 3/20/1962.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 37 - WATERSHED DISTRICTS (§§ 51-37-1 — 51-37-3) › WATERSHED REPAIR AND REHABILITATION COST-SHARE PROGRAM (§§ 51-37-1 — 51-37-3) › Section 51-37-1 - Legislative intent

The Legislature has previously stated its desire to improve the quality of water, prevent soil erosion and alleviate flood damage in Mississippi, and great strides have been made through the use of water impoundment structures constructed through federal watershed construction funding programs. Flood control structures have provided secondary benefits including improvement of water quality and increased recreational opportunities. Flaws have become apparent in the system of maintenance established to protect these flood control structures to the point that many of the structures are in dire need of repair and pose a serious threat to property as well as loss of secondary benefits.
Laws, 1997, ch. 477, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-1 - Short title

This chapter shall be known and cited as the "Mississippi Storm Water Management District Act."
Laws, 2000, ch. 597, § 1, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-3 - Legislative findings and declarations

The Legislature hereby finds and declares that:
(a)
Storm water may contain contaminants which can degrade surface water quality;
(b)
Due to the volume of water and the rate of flow, storm water runoff can pose a flood hazard to public and private property;
(c)
The proper management of storm water is of concern to all citizens and is an activity thoroughly affecting the public interest;
(d)
In certain areas of the state, the health, safety and welfare of the people of this state require efficient management of storm water;
(e)
Federal regulations require portions of some local governments to develop and implement storm water management programs;
(f)
There is a need for proper planning, design, construction, operation and maintenance of appropriate measures for the management of storm water; and
(g)
There is a need to foster cooperation among local governments in addressing concerns resulting from storm water management, therefore it is necessary and desirable to authorize the creation of storm water management districts by counties and municipalities to plan for, design, acquire, construct, operate and maintain appropriate measures for management of storm water.
Laws, 2000, ch. 597, § 2, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-9 - Publication of resolution; referendum on creation of district upon filing of protest

(1)
A certified copy of the adopted resolution or ordinance shall be published in a newspaper having a general circulation within the proposed district once a week for at least three (3) consecutive weeks before the date specified in the resolution or ordinance as the date upon which the governing body intends to create the district. The first publication of the notice shall be made not less than twenty-one (21) days before the date specified, and the last publication shall be made not more than seven (7) days before the date.
(2)
If twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors within the geographic boundaries of the proposed district file a written petition with the governing body before the date specified in the resolution or ordinance under Section
51-39-7(2)
protesting the creation of the district, the governing body shall call an election on the question of the creation of the district. The election shall be held and conducted by the election commissioners of the county or municipality as nearly as may be in accordance with the general laws governing elections. The election commissioners shall determine which of the qualified electors of the county or municipality reside within geographic boundaries of the proposed district, and only those qualified electors as reside within the geographic boundaries of the proposed district shall be entitled to vote in the election. Notice of the election setting forth the time, place or places, and purpose of the election shall be published by the clerk of the board of supervisors or the municipal clerk, as the case may be. The notice shall be published for the time and in the manner provided in subsection (1) of this section. The ballot to be prepared for and used at the election shall be in substantially the following form:
"FOR CREATION OF ____________________ DISTRICT: ( )
AGAINST CREATION OF ____________________ DISTRICT: ( )"
Voters shall vote by placing a cross mark (x) or check mark (Y) opposite their choice.
Laws, 2000, ch. 597, § 5, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-11 - Adoption of resolution or ordinance authorizing district

If no petition requiring an election is filed or if three-fifths (3/5) of those voting in the election provided in Section
51-39-9
vote in favor of the creation of the district, the governing body shall adopt a resolution or ordinance authorizing the creation of the district.
Laws, 2000, ch. 597, § 6, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-13 - Payment of costs

All costs incident to the publication of the notices, election and all other costs of meeting the requirements of this chapter shall be paid by the governing body.
Laws, 2000, ch. 597, § 7, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-15 - Appeal of resolution or ordinance

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors or municipal authorities in Section
11-51-75
. However, if no appeal is taken within fifteen (15) days after the date of the adoption of the resolution or ordinance in Section
51-39-11
, the creation of the district within the jurisdiction of that unit of local government shall be final and shall not be subject to attack in any court after that time.
Laws, 2000, ch. 597, § 8, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-23 - Board authorized to contract with members to provide support services

The board may contract with any member to provide support services. Any member may contract with or as part of their service contract with the district to provide any staff support, administrative and operational services as it deems advisable and on any terms as may be mutually agreed.
Laws, 2000, ch. 597, § 12, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-27 - Regulations and best management practices

(1)
Any regulations or best management practices adopted by the board under this chapter, shall be no more stringent or extensive in scope, coverage or effect than the regulations and best management practices promulgated or recommended by the United States Environmental Protection Agency.
(2)
If federal regulations or recommended best management practices do not address any matter relating to a storm water management system, the board may adopt or promulgate appropriate regulations or best management practices to address those matters.
Laws, 2000, ch. 597, § 14, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-29 - Power of eminent domain

The governing body of a member may exercise the power of eminent domain, upon written request of the board of commissioners, for the particular purpose of the acquisition of property for the district's storm water management system. The power of eminent domain shall be exercised as provided in Chapter 27, Title 11, Mississippi Code of 1972.
Laws, 2000, ch. 597, § 15, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-31 - Public agencies authorized to contract with district for facilities and services

(1)
Any public agency may, in accordance with a duly adopted resolution or ordinance, contract with the district for the district to acquire, construct or provide facilities and projects to be owned by the district for furnishing storm water management and related services to the public agency or to users within the boundaries of the public agency. The public agency shall be obligated to make payments which shall be sufficient to enable the district to meet its expenses, and payments into funds for operation, maintenance and renewals and replacements. The contracts may also contain other terms and conditions as the district and the public agency may determine. Any contract may be for a term covering the life of the facilities or for any other term or for an indefinite period.
(2)
Contracts may provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for any facilities subject to repayment by the district. A public agency may make those contributions or advances from its general fund, general obligation bond proceeds, or surplus fund or from any monies legally available therefor. The entering into of any contract under this section shall not constitute the incurring of a debt by a public agency within the meaning of any constitutional or statutory limitations on debts of the state or units of local government.
Laws, 2000, ch. 597, § 16, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-33 - Storm water management plan

The district may at the direction of the governing bodies of the participating units of local government submit a storm water management plan as required state or federal environmental rules and regulations. The district may also provide services and facilities for implementation of the storm water management plan.
Laws, 2000, ch. 597, § 17, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-35 - Authority of public agencies to assist in attaining objectives of this chapter

For the purpose of attaining the objectives of this chapter, any public agency may, upon any terms as it may determine, do any of the following:
(1)
Lend, contribute, or donate money to any district or perform services for the benefit of the district;
(2)
Donate, sell, convey, transfer, lease or grant to any district, without the necessity of authorization at any election of qualified voters, any property of any kind, where otherwise not prohibited by law; and
(3)
Do any thing, whether or not specifically authorized in this section, not otherwise prohibited by law, that is necessary or convenient to aid and cooperate with any district in attaining the objectives of this chapter.
Laws, 2000, ch. 597, § 18, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-37 - Property and revenue of district exempt from taxation

The property and revenue of the district shall be exempt from all state, county and municipal taxation.
Laws, 2000, ch. 597, § 19, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-39 - Filing of financial reports

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district. The statement shall also be filed with the governing body of each member of the district.
Laws, 2000, ch. 597, § 20, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-41 - District not authorized to deny access to system to person holding appropriate permits

This chapter shall not be construed to authorize a district to deny access to the storm water management system or any portion of that system to any person holding a valid water pollution control permit or coverage under a general permit from the Environmental Quality Permit Board.
Laws, 2000, ch. 597, § 21, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 39 - STORM WATER MANAGEMENT DISTRICTS (§§ 51-39-1 — 51-39-43) › Section 51-39-43 - Chapter constitutes full and complete authority for creation of district

This chapter, without reference to any other statute, shall be deemed to be full and complete authority for the creation of a district. No proceedings shall be required for the creation of a district other than those provided for and required in this chapter. All the necessary powers to be exercised by the governing body of a county or municipality and by the board of commissioners of any district, in order to carry out this chapter, are hereby conferred.
Laws, 2000, ch. 597, § 22, eff. 8/21/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-1 - Legislative intent

It is the intent of the Legislature to provide a means, in addition to the incorporation of districts authorized in Sections
19-5-151
through
19-5-207
, by which not-for-profit corporations or associations involved in the sale, transmission and distribution of potable water to members of the public and others may convert their entity status from that of a body corporate to that of a body politic, thereby allowing those entities the opportunity to access the tax-exempt capital markets and thereby assuring the State of Mississippi and the customers of those entities of adequate supplies of water at the lowest water rates possible.
Laws, 2003, ch. 512, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-3 - Definitions

As used in this chapter, unless the context otherwise requires:
(a)
"Board" means the board of directors of the water authority;
(b)
"Bond" means any bond, promissory note, lease purchase agreement or other evidence of indebtedness of any nature along with all debt securing instruments of every nature related thereto;
(c)
"Indenture" means a mortgage, an indenture of mortgage, deed of trust, trust agreement, loan agreement, security agreement or trust indenture executed by the water authority as security for any bonds;
(d)
"Project" means any raw or potable water or wastewater intake, treatment, distribution, transmission, storage, pumping, well site, well field or other facility or system, or any combination of the foregoing, that has as its purpose the providing of raw or potable water to members of the public and commercial, industrial or other users or the treatment of wastewater, along with any and all other appurtenances, equipment, betterments or improvements related thereto. The above projects may include any lands, or interest in any lands, deemed by the board to be desirable in connection with the projects, and necessary equipment for the proper functioning and operation of the buildings or facilities involved;
(e)
"Qualified corporation" means any not-for-profit corporation or association that provides, distributes, transmits, treats, pumps or stores raw or potable water to or for the benefit of members of the general public and commercial, industrial and other users;
(f)
"United States" means the United States of America or any of its agencies or instrumentalities;
(g)
"State" means the State of Mississippi; and
(h)
"Water authority" means that body politic and governmental entity organized under the provisions of this chapter.
Laws, 2003, ch. 512, § 2, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-5 - Construction

This chapter shall be liberally construed in conformity with its intent. All acts and activities of the water authority performed under the authority of this chapter are legislatively determined and declared to be essential governmental functions.
Laws, 2003, ch. 512, § 3, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-7 - Authority generally

There is conferred upon a water authority, the authority to take such action and to do, or cause to be done, such things as are necessary or desirable to accomplish and implement the purposes and intent of this chapter according to the import of this chapter.
Laws, 2003, ch. 512, § 4, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-9 - Authority and procedure to incorporate

(1)
Whenever a qualified corporation desires to convert into and become reconstituted and reincorporated as a water authority under this chapter, the qualified corporation shall present to and file with the Secretary of State:
(a)
Its resolution duly adopted by the board of directors of the qualified corporation that evidences the desire of the qualified corporation to convert into and become reconstituted and reincorporated as a water authority and that also certifies that the qualified corporation:
(i)
Was initially formed as a not-for-profit corporation or association; and
(ii)
Desires to operate as a public body authorized under the laws of Mississippi as a result of its conversion and reconstitution as a water authority under this chapter;
(b)
Its application for reconstitution and certificate of incorporation, which shall state and include the following information:
(i)
The name of the water authority, which shall be "The ____________________ Public Water Authority of the State of Mississippi," or some other name of similar import, it being understood that the water authority may adopt a fictitious operational name upon written request to and approval by the Secretary of State;
(ii)
The location of the water authority's principal office, and the number of directors of the water authority, which shall be subject to change and modification as provided in the water authority's bylaws;
(iii)
The names and addresses of the initial board of directors of the water authority;
(iv)
The name and address of the agent for service of process of the water authority; and
(v)
Any other matters that the initial board of directors of the water authority may deem necessary and appropriate;
(c)
A copy of the water authority's bylaws along with any other information that the initial board of directors of the water authority may deem necessary and appropriate;
(d)
A statement and certification from the Secretary of State that the proposed name of the water authority is not identical with that of any other water authority in the state, or so nearly similar thereto as to lead to confusion and uncertainty; and
(e)
A reasonable filing and review fee that the Secretary of State may designate and determine from time to time, which shall not be in excess of the filing fee charged in connection with the receipt and filing of a corporation's articles of incorporation.
(2)
Two (2) or more qualified corporations may jointly convert into and become reconstituted and reincorporated as one (1) water authority under the same procedure as specified for one (1) qualified corporation under this chapter.
Laws, 2003, ch. 512, § 5, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-11 - Existence of water authority

The application for reconstitution and certificate of incorporation shall be signed and acknowledged by a majority of the board of directors of the qualified corporation. When the application for reconstitution and certificate of incorporation and other required documents have been so filed with and accepted by the Secretary of State, as evidenced by the issuance by the Secretary of State of its certificate of existence in a form that the Secretary of State may deem appropriate, the water authority referred to in the application shall come into existence and shall constitute a body corporate and politic in perpetuity with power of perpetual succession and a political subdivision of the state under the name set forth in the application, and the water authority shall be vested with the rights and powers granted in this chapter and any other applicable laws. At the same time, the qualified corporation shall cease to exist and all assets and liabilities of every nature, including without limitation, all real property, personal property, certificate of public necessity and convenience, contractual obligations, lending obligations outstanding, rights afforded borrowers of federal and state funds and other tangible and intangible assets and liabilities of every nature shall, without need for further action or approval by any third party, be vested in and shall accrue to the benefit of the water authority. The water authority shall then send notice of transfer of said certificate to the Mississippi Public Service Commission.
Laws, 2003, ch. 512, § 6, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-13 - Board of directors

(1)
The water authority shall have a board of directors composed of the number of directors provided in the application for reconstitution and certificate of incorporation, which shall not be fewer than five (5) directors. All powers of the water authority shall be exercised by the board or under its authorization.
(2)
The directors shall be elected and determined, and shall serve in accordance with those procedures that the water authority may specify in its bylaws; provided, however, that each water or sewer user served by the water authority shall be entitled to vote on the election of directors of the water authority. The water authority's bylaws shall contain provisions and procedures for the election and appointment of its directors that are identical in nature to those same provisions and procedures as contained in the qualified corporation's bylaws, unless otherwise amended by the water authority or required by state law. A water authority shall promptly file a copy of any amendments to its bylaws with the Secretary of State. A water authority also may promulgate rules and regulations, not inconsistent with state law, containing provisions and procedures for the election and appointment of its directors.
(3)
Each director shall take and subscribe to the oath of office prescribed in Section 268, Mississippi Constitution of 1890, that he will faithfully discharge the duties of the office of director, which oath shall be maintained on file by the water authority. Before entering upon the discharge of the duties of his office, each director shall be required to execute a bond payable to the State of Mississippi in the penal sum of Ten Thousand Dollars ($10,000.00), conditioned that he will faithfully discharge the duties of his office.
(4)
A majority of the members of the board shall constitute a quorum for the transaction of business. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the water authority. A director shall continue in office until the director's successor is properly elected and accepts office.
(5)
The members of the board and the officers of the water authority shall serve without compensation, except that they may be reimbursed for actual expenses incurred in and about the performance of their duties.
(6)
All meetings and records of the water authority shall be subject to the Mississippi Open Meetings Act and the Mississippi Public Records Act.
(7)
All proceedings of the board shall be reduced to writing by the secretary of the water authority and appropriately recorded and maintained in a well bound book.
Laws, 2003, ch. 512, § 7, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-15 - Officers

The officers of the water authority shall consist of a chairman, vice chairman, a secretary, a treasurer, and such other officers as the board deems necessary to accomplish the purposes for which the water authority was organized. All officers of the water authority shall be persons who receive water service from the water authority. The offices of secretary and treasurer may, but need not, be held by the same person. The treasurer or secretary-treasurer shall be required to execute a bond payable to the water authority, in a sum and with such security as fixed and approved by the board. All officers of the water authority shall be elected by the board and shall serve for those terms of office as specified in the bylaws.
Laws, 2003, ch. 512, § 8, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-17 - Powers generally

The water authority shall have the following powers, acting either individually or jointly with other water authorities or public entities, together with all powers incidental thereto or necessary to the discharge thereof:
(a)
To have succession in its designated name;
(b)
To sue and be sued and to prosecute and defend suits in any court having jurisdiction of the subject matter and of the parties;
(c)
To make use of a seal and to alter it at pleasure;
(d)
To adopt and alter bylaws for the regulations and conduct of its affairs and business;
(e)
To acquire, whether by purchase, gift, lease, devise, or otherwise, property of every description which the board may deem necessary to the acquisition, construction, equipment, improvement, enlargement, operation, administration or maintenance of a project, and to hold title thereto;
(f)
To construct, enlarge, equip, improve, maintain, consolidate, administer and operate one or more projects;
(g)
To borrow money, including interim construction financing, for any of its purposes;
(h)
To sell and issue its bonds;
(i)
To sell and issue refunding bonds;
(j)
To secure any of its bonds by pledge and indenture as provided in this chapter;
(k)
To appoint, employ and compensate such general managers, executive directors, agents, architects, engineers, attorneys, accountants and other persons and employees as the business of the water authority may require;
(l)
To provide for such insurance as the board may deem advisable;
(m)
To invest in obligations that are direct or guaranteed obligations of the United States of America, or other securities in which public funds may be invested by any other political subdivision under the laws of this state, any of its funds that the board may determine are not presently needed for its operational purposes;
(n)
To contract, lease and make lease agreements respecting its properties or any part thereof;
(o)
To exercise the power of eminent domain in accordance with the procedures prescribed by Title 11, Chapter 27, Mississippi Code of 1972;
(p)
To sell, convey or otherwise dispose of any of its properties or projects; and
(q)
To exercise and hold the authority and power granted to water supply systems and sewer systems under Sections
19-5-173
,
19-5-175
,
19-5-177
and
19-5-203
.
Laws, 2003, ch. 512, § 9, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-19 - Tax exemption of projects

Each project, all the water authority's interest therein, and all income from the project, is determined and declared by the Legislature to be public property used exclusively for a public purpose and shall be exempt from ad valorem taxation by all taxing authorities.
Laws, 2003, ch. 512, § 10, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-23 - Execution of bonds

Bonds shall be executed by the manual or facsimile signature of the chairman of the water authority and by manual or facsimile signature of the secretary of the water authority. In case any of the officers whose signatures appear on the bonds cease to be that officer before the delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes. The bonds shall be sealed with the seal of the water authority.
Laws, 2003, ch. 512, § 12, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-27 - Bonds - tax exemption

The principal of and interest, if any, on bonds issued under the authority of this chapter shall be exempt from all state, county and municipal taxes. This exemption shall include income, inheritance and estate taxes.
Laws, 2003, ch. 512, § 14, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-29 - Proceeds from issuance of bonds

(1)
The proceeds derived from all of the bonds, other than refunding bonds, may be used only to pay the costs of acquiring, constructing, improving, enlarging and equipping the project with respect to which they were issued, as may be specified in the proceedings in which the bonds are authorized to be issued and all costs incidental thereto, including without limitation:
(a)
The costs of any land forming a part of the project and all easements that may pertain to or be associated with any project;
(b)
The costs of the labor, materials and supplies used in any construction, improvement and enlargement, including architect's and engineer's fees and the cost of preparing contract documents and advertising for bids along with all other reasonable and necessary project cost;
(c)
The purchase price of and the cost of installing equipment for the project;
(d)
Legal, fiscal, accounting and recording fees and expenses incurred in connection with the authorization, sale and issuance of the bonds issued in connection with the project;
(e)
Interest, if any, on bonds for a reasonable period before, during and after the time required for completion of the project;
(f)
The amount necessary to fund a debt service reserve in an amount deemed appropriate by the water authority;
(g)
Cost associated with the obtaining of default insurance ratings and other credit enhancements of every nature; and
(h)
Other operational expenses, reserves and other accounts of every nature.
(2)
If any of the proceeds derived from the issuance of bonds remains undisbursed after completion of the project and the making of all such expenditures, the balance shall be used for the redemption of bonds of the same issue.
Laws, 2003, ch. 512, § 15, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-31 - Refunding bonds

(1)
The water authority may at any time, and from time to time, issue refunding bonds for the purpose of refunding the principal of and interest, if any, on any bonds of the water authority previously issued under this chapter and then outstanding, whether or not the principal and interest have matured at the time of the refunding under this chapter, and for the payment of any expenses incurred in connection with the refunding and any premium necessary to be paid in order to redeem or retire the bonds to be refunded.
(2)
The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued.
(3)
Any such refunding may be effected either by sale of the refunding bonds and the application of the proceeds thereof by immediate application or by escrow deposit, with the right to invest monies in the escrow deposit until needed for the redemption or by exchange of the refunding bonds for the bonds or interest coupons to be refunded thereby. However, the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange before the date on which they may be paid or redeemed by the water authority under their respective provisions.
(4)
Any refunding bonds of the water authority shall be payable solely from the revenues out of which the bonds to be refunded were payable or from those other sources or other revenues that might be identified in the indenture.
(5)
All provisions of this chapter pertaining to bonds of the water authority that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to refunding bonds issued by the water authority.
Laws, 2003, ch. 512, § 16, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 41 - PUBLIC WATER AUTHORITIES (§§ 51-41-1 — 51-41-33) › Section 51-41-33 - Act is full authority

This chapter shall be deemed to be full and complete authority for the creation of water authorities and the issuance of bonds as set forth in this chapter. No proceedings shall be required for the creation of water authorities or the issuance of bonds other than those provided for and required in this chapter. The board of directors of a water authority shall have all the powers necessary in order to carry out the provisions of this chapter.
Laws, 2003, ch. 512, § 17, eff. 7/1/2003.