Grenada County; authorize to create the Grenada County Utility Authority.

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To: Local and Private
Legislation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Horan

HOUSE BILL NO. 4000

AN ACT TO AUTHORIZE GRENADA COUNTY, MISSISSIPPI, TO CREATE 1
THE GRENADA COUNTY UTILITY AUTHORITY; TO PROVIDE THAT THE 2
AUTHORITY SHALL BE GOVERNED BY A BOARD OF DIRECTORS OF THE 3
AUTHORITY; TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF DIRECTORS 4
OF THE AUTHORITY; TO PROVIDE FOR THE POWERS AND DUTIES OF THE 5
AUTHORITY AND THE BOARD OF THE AUTHORITY; TO AUTHORIZE THE 6
AUTHORITY TO ACQUIRE, CONSTRUCT, MAINTAIN, AND OPERATE WASTEWATER 7
COLLECTION AND TREATMENT SYSTEMS AND WATER SYSTEMS WITHIN THE 8
AUTHORITY'S SERVICE AREA; TO AUTHORIZE SERVICE PROVIDERS TO 9
CONTRACT WITH THE AUTHORITY; TO AUTHORIZE THE AUTHORITY TO ISSUE 10
REVENUE BONDS TO PROVIDE FUNDS NECESSARY TO ACHIEVE THE PURPOSES 11
OF THIS ACT; TO AUTHORIZE THE AUTHORITY TO ENTER INTO CONTRACTS 12
WITH THE OWNERS OF PROPERTY TO PROVIDE IMPROVEMENTS NECESSARY TO 13
PROVIDE WASTEWATER AND WATER SERVICES; TO PROVIDE THAT THE 14
AUTHORITY MAY ISSUE SPECIAL ASSESSMENT BONDS TO FINANCE SUCH 15
IMPROVEMENTS AND TO AUTHORIZE THE AUTHORITY TO LEVY AND COLLECT 16
SPECIAL ASSESSMENTS AGAINST THE PROPERTY BENEFITED THEREBY TO 17
RETIRE SUCH BONDS; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. This act may be cited as the "act." 20
SECTION 2. This act is for the purpose of authorizing a 21
cooperative effort for the planning, acquisition, construction, 22
maintenance, operation, and coordination of wastewater and water 23
services for the citizens in the service area to be served by the 24
creation of the authority. 25
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SECTION 3. Words and phrases used in this act shall have 26
meanings as follows: 27
(a) "Act" means this local and private act of the 28
Legislature of the state, as originally enacted or as amended from 29
time to time. 30
(b) "Authority" means the Grenada County Utility 31
Authority, a public body corporate and politic of the state, 32
created pursuant to this act to serve the service area. 33
(c) "Board of the authority" means the board of the 34
authority. 35
(d) "Board of the county" shall mean the board of 36
supervisors of the county. 37
(e) "Bonds" means revenue bonds, special assessment 38
bonds, interim notes having a maturity of three (3) years or less, 39
and other certificates of indebtedness of the authority issued 40
under the provisions of this act. 41
(f) "Costs of the project" means: 42
(i) All costs of site preparation and other 43
start-up costs; 44
(ii) All costs of construction; 45
(iii) All costs of real and personal property 46
required for the purposes of the project and facilities related 47
thereto, including land and any rights or undivided interest 48
therein, easements, franchises, fees, utility charges, permits, 49
approvals, licenses, and certificates and the securing of any 50
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permits, approvals, licenses, and certificates, and all machinery 51
and equipment, including motor vehicles, which are used for the 52
project; 53
(iv) All costs of engineering, geotechnical, 54
architectural, financial, and legal services; 55
(v) All costs of plans and specifications and all 56
expenses necessary or incident to determining the feasibility or 57
practicability of the project; 58
(vi) Administrative expenses; and 59
(vii) Any other expenses as may be necessary or 60
incidental to the project. 61
(g) "County" means Grenada County, Mississippi. 62
(h) "Customer" means person(s) receiving retail water 63
via the water system or wastewater services via the wastewater 64
treatment systems. 65
(i) "Facilities" means any structure, building, ditch, 66
pipe, channel, improvement, land, or other real or personal 67
property used or useful in a one or more system under this act. 68
(j) "Mississippi Code" refers to the Mississippi Code 69
of 1972, as amended. 70
(k) "Municipality" means any incorporated city, town, 71
or village of the state pursuant to Sections 21-1-1 et seq. of the 72
Mississippi Code, whether operating under general law or under 73
special charter. 74
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(l) "Person" means and includes the state, a 75
municipality, any public agency, or any other political 76
subdivision or governmental agency of the state or of the United 77
States of America, or any public utility, private utility, 78
individual, corporation, partnership, association, firm, trust, 79
estate, or any other entity whatsoever. 80
(m) The terms "pollution" and "waters of the state" 81
shall have meanings as set forth in the Mississippi Air and Water 82
Pollution Control Law, as now or hereafter amended, appearing as 83
Sections 49-17-1 et seq. of the Mississippi Code. 84
(n) "Project" means the acquisition, construction, or 85
development by the authority of any infrastructure for a system. 86
(o) "Public agency" means any county, any municipality, 87
any state board or commission owning or operating properties, any 88
public utility created pursuant to Sections 19-5-151 et seq. of 89
the Mississippi Code, or any other political subdivision of the 90
state and having the power to own and/or operate a system. The 91
term "public agency" also includes the successors and assigns of 92
any such public agency. 93
(p) "Public utility" includes any person, firm, 94
corporation, or association, and any public body, political 95
subdivision, agency, or instrumentality thereof, owning and/or 96
operating a public utility service described by subparagraph (iv) 97
of paragraph (d) of Section 77-3-3 of the Mississippi Code. The 98
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term "public utility" also includes the successors and assigns of 99
any such public utility. 100
(q) "Service area" means all areas served by the 101
authority, whether or not such area be contiguous or within the 102
county; provided, however, that the service area shall not include 103
any area located within the corporate limits of a municipality. 104
(r) "State" means the State of Mississippi. 105
(s) "System(s)" means any or all wastewater treatment 106
systems and water systems. 107
(t) "Wastewater treatment systems" means any plant, 108
disposal field, lagoon, pumping station, pipelines or other works 109
not specifically mentioned herein, installed for the purpose of 110
collecting, transporting, transferring, treating, neutralizing, 111
stabilizing, or disposing of water and wastewater, including all 112
pipelines, conduits, pumping stations, and all other structures, 113
devices, and appliances appurtenant thereto, including land and 114
right-of-way thereto, or facilities to provide cooling water to 115
collect, control, and dispose of waste heat. 116
(u) "Wastewater" means water being disposed of by any 117
person and which is contaminated with waste or sewage, including 118
residential, industrial, agricultural, municipal, recreational, 119
waste heat, and any other wastewater that may cause impairment of 120
the quality of the "waters of the state". 121
(v) "Water" means potable water and service water. 122
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(w) "Water system" means pipelines, conduits, pumping 123
stations, and all other structures, devices, and appliances 124
appurtenant thereto, including land and right-of-way thereto, for 125
use for transporting water to a point of ultimate use. 126
SECTION 4. (1) The formation of the authority shall be 127
conducted in accordance with the provisions of this section. The 128
board of the county is authorized to file a petition, which may be 129
joined in by any public agency and/or public utility, under the 130
provisions of this act, and when so organized, the authority shall 131
be a political subdivision of the state, and a body politic and 132
corporate, and shall have the powers granted under this act. 133
(2) A petition for the organization of the authority shall 134
be filed in the chancery court, which petition shall describe the 135
service area and the necessity and desirability of the proposed 136
authority and shall be signed by duly authorized elected public 137
officials of the county and the authorized officers of any other 138
public agency and/or public utility joining in the petition. Upon 139
the filing of the petition, the chancery clerk of the county shall 140
promptly give written notice of the same to the assigned 141
chancellor of the chancery court who shall enter an order setting 142
a date not less than thirty (30) days from the date of the order 143
for a hearing on the organization of the authority. Any public 144
agency or public utility not a petitioner and within the proposed 145
service area may be served with process as a party defendant to 146
the petition. The chancery clerk shall cause a notice of such 147
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hearing addressed to the qualified electors of the proposed 148
service area to be published once a week for at least three (3) 149
successive weeks in a newspaper or newspapers published in the 150
county having a general circulation within the proposed service 151
area, which notice shall state the place, date, and time of such 152
hearing, that a petition has been filed to organize the authority 153
under the provisions of this act, describe the proposed service 154
area, and command that all such persons appear before the chancery 155
court or the chancellor in term or in vacation in the place and on 156
the date and hour of the hearing to show cause, if any they can, 157
why the proposed authority should not be organized and established 158
as set forth in the petition. The first publication shall be at 159
least twenty-one (21) days before the date of such hearing and the 160
last publication shall be not more than seven (7) days before the 161
date of such hearing. 162
(3) The chancellor may hear the petition at any term 163
thereof, or the chancellor may fix a time to hear such 164
petition at any time in term or in vacation, and may determine all 165
matters pertaining thereto, may adjourn the hearing from time to 166
time, and may continue the case for want of sufficient notice or 167
other good cause. If the petition shall prove defective in any 168
manner, the petitioners, upon motion, shall be permitted to amend 169
the same. At such hearing, or a day to which the same may be 170
continued, the chancellor shall take evidence and all interested 171
persons objecting to the creation of the authority may appear and 172
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contest the same. If the chancellor shall find that a sound plan 173
exists for the creation of the authority to accomplish the 174
purposes set forth in this act and the same would meet a public 175
necessity, he or she shall render a decree creating the authority 176
under the provisions of this act, specifying in the decree the 177
service area to be served thereby, which may be less than the 178
service area set out in the petition. The chancellor shall not 179
include within the service area of the proposed authority any area 180
lying within the corporate limits of a municipality unless such 181
municipality shall have either joined in the petition or filed a 182
written consent to such inclusion adopted by its governing 183
authority. If the chancellor finds that the proposed authority 184
should not be organized, then he or she shall dismiss the 185
proceedings. 186
SECTION 5. (1) When so organized, the authority shall have 187
the power to sue and be sued, provided that the authority shall 188
not be liable and shall be immune from suit at law or in equity on 189
account of any wrongful or tortious act or omission, including 190
libel, slander, or defamation, by it, or any such act or omission 191
by any employee of the authority, subject to and in accordance 192
with the provisions of Sections 11-46-1 et seq. of the Mississippi 193
Code. 194
(2) The authority by a majority vote of the board of the 195
authority may acquire, pursuant to the laws of the state, any 196
public agency or public utility, upon the approval by the 197
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affirmative vote of the public agency or public utility as 198
required by the bylaws of the public agency or public utility or 199
the laws of the state. Upon entry of such public agency or public 200
utility into the authority, the area serviced by such public 201
agency or public utility shall be made a part of the service area 202
of the authority and the public agency or public utility may be 203
dissolved in accordance with the bylaws of the public agency or 204
public utility or in accordance with the laws of the state. 205
SECTION 6. All powers of the authority shall be exercised by 206
a board of the authority consisting of at least five (5) members 207
to be selected and composed as follows: 208
(a) The board of the county shall appoint five (5) 209
persons to serve on the board of the authority, with at least two 210
(2) persons to be appointed from any public agency or public 211
utility acquired by the authority or from the service area not 212
presently served by any public agency or public utility. 213
(b) Upon their initial appointment, one (1) of the 214
directors shall be appointed for a term of one (1) year; one (1) 215
of the directors shall be appointed for a term of two (2) years; 216
one (1) of the directors shall be appointed for a term of three 217
(3) years; one (1) of the directors shall be appointed for a term 218
of four (4) years; one (1) of the directors shall be appointed for 219
a term of five (5) years. At the expiration of the initial terms, 220
each director shall thereafter be appointed to a term of four (4) 221
years. Any vacancy arising by the expiration of a director's 222
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term, or a vacancy created by the removal of a director for any 223
other reason, shall be filled immediately by appointment made by 224
the board of the county. Any director of the board of authority 225
can be immediately reappointed to a new term without limit to the 226
number of terms. In the event that a director's term expires, the 227
director may hold over until he or she is reappointed or a new 228
director is appointed to fill the position. 229
(c) Notwithstanding the appointive authority herein 230
granted to the board of the county, its legal and actual 231
responsibilities, authority, and function, subsequent to the 232
creation of the authority, shall be specifically limited to such 233
appointive function and responsibilities. 234
(d) The operation, management, abolition, or 235
dissolution of the authority, and all such other matters in 236
connection therewith, shall be vested solely and only in the board 237
of the authority, and the operation, management, abolition, or 238
dissolution of the authority shall be accomplished only by the 239
authority of the board of the authority; provided, however, that 240
the board of the authority shall not abolish or dissolve the 241
authority without a unanimous vote of the board of the authority 242
and not without a plan approved by the board of the county for the 243
continuation of the systems of the authority. 244
(e) The board of the authority shall elect annually 245
from its number a president and vice president of the authority 246
and such other officers as, in the judgment of the board, are 247
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necessary. The president shall be the presiding officer of the 248
board, and shall have the same right to vote as any other 249
director. The vice president shall perform all duties and 250
exercise all powers conferred by this act upon the president when 251
the president is absent or fails or declines to act, except the 252
president's right to vote. The board also shall appoint a 253
secretary and a treasurer who may or may not be members of the 254
board of the authority, and it may combine those offices. The 255
treasurer shall give bond in the sum of not less than Fifty 256
Thousand Dollars ($50,000.00) as set by the board of the 257
authority, and each director may be required to give bond in the 258
sum of not less than Ten Thousand Dollars ($10,000.00), with 259
sureties qualified to do business in the state, and the premiums 260
on such bonds shall be an expense of the authority. Each such 261
bond shall be payable to the state; the condition of each such 262
bond shall be that the treasurer or director will faithfully 263
perform all duties of his or her office and account for all money 264
or other assets which shall come into his or her custody as 265
treasurer or director of the authority. 266
(f) The members of the board of the authority shall 267
serve without salary, but shall be entitled to receive per diem 268
pay as provided for in Section 25-3-69 of the Mississippi Code. 269
Further, members of the board of the authority shall be reimbursed 270
their actual travel and hotel expenses, as provided in Section 271
25-3-41 of the Mississippi Code, incurred while in the performance 272
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of their duties as members of the board of the authority, to be 273
paid on an itemized statement approved by the Department of 274
Finance and Administration. Expenses shall be paid from the 275
available funds of the authority. 276
SECTION 7. Except as may otherwise be provided for in this 277
act, all business of the authority shall be transacted by simple 278
majority vote of the board of the authority. 279
SECTION 8. (1) The authority is authorized and empowered to 280
acquire, construct, improve, enlarge, extend, repair, operate, and 281
maintain one or more system; and to make contracts with any person 282
in furtherance thereof; and to make contracts with any person, 283
under the terms of which the authority, within its designated 284
service area, will engage in the activities related to the 285
systems. The authority also may enter into contracts with any 286
person to design and construct any systems, and thereafter to 287
purchase, lease, or sell, by installments over such terms as may 288
be deemed desirable, reasonable, and necessary, or otherwise, any 289
such systems. The authority is authorized to enter into operating 290
agreements with any person, for such terms and upon such 291
conditions as may be deemed desirable, for the operation of any 292
systems; and the authority may lease to or from any person, for 293
such term and upon such conditions as may be deemed desirable, any 294
systems. Any such contract may contain provisions requiring any 295
public agency, public utility, or other person to regulate the 296
quality and strength of materials to be handled by the respective 297
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systems and also may provide that the authority shall have the 298
right to use any streets, alleys, and public ways and places 299
within the jurisdiction of a public agency, public utility, or 300
other person during the term of the contract. 301
(2) The authority shall have the duty and responsibility to 302
exercise general supervision over the systems; to adopt rules 303
governing the design, construction, or installation, or operation 304
and maintenance of the systems; to adopt rules establishing 305
performance standards for the systems and rules concerning the 306
operation and maintenance of the systems. Such rules and 307
regulations may include the implementation of a standard 308
application form for the installation, operation, and maintenance 309
of such systems; application review; approval or denial procedures 310
for any proposed systems; inspection, monitoring, and reporting 311
guidelines; and enforcement procedures. 312
(3) No owner, lessee, developer, or person shall construct 313
or place a residence, building, facility, or development which may 314
require the installation of a system, nor shall any owner, lessee, 315
developer, or person design, construct, or install such a system, 316
without having first submitted a notice of intent to the 317
authority. Upon receipt of the notice of intent, the board of the 318
authority shall provide the party giving notice with complete 319
information regarding the rules, regulations, and guidelines for 320
the design, construction, installation, operation, and maintenance 321
of the system. No systems shall be installed without proof of the 322
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submission of the notice of intent required by this section and 323
the approval of the same by the board of the authority. 324
(4) Within thirty (30) working days following the receipt of 325
complete information as required by the rules, regulations, and 326
guidelines for the design, construction, installation, operation, 327
and maintenance of any systems, as applicable, by an owner, 328
lessee, developer, or other person of any lot or tract of land, 329
including the approval of the Mississippi Department of 330
Environmental Quality, the board of the authority shall review and 331
accept or deny any plans from any owner, lessor, developer, or 332
person as to the type or types of systems suitable for 333
installation and compatible with the existing systems. Review and 334
acceptance by the board of the authority of any system is required 335
before the installation, operation, or maintenance of any system, 336
and no owner, lessee, developer, or person shall design, 337
construct, or install a system that does not comply with this act; 338
however, the board of the authority may grant variances from the 339
requirements of this act as deemed necessary and appropriate. Any 340
owner, lessee, developer, or person responsible for the design, 341
construction, or installation of a system shall sign and file with 342
the authority an affidavit that the system complies with this act 343
as a part of the complete information filing required in this 344
subsection (4). 345
(5) Nothing in this act shall preclude a professional 346
engineer from providing services for the design, construction, or 347
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installation of any systems. However, any such engineer shall 348
notify the authority in writing of those services provided and 349
shall stamp the appropriate documentation with that professional's 350
seal certifying the approval of the board of the authority of the 351
design, construction, and installation thereof. 352
(6) Any system of any public agency, public utility, or 353
other persons which becomes connected with, or tied into, the 354
systems of the authority, shall be subject to its jurisdiction and 355
the terms of this act. 356
SECTION 9. The authority, through the board of the 357
authority, in addition to any and all powers now or hereafter 358
granted to it, is hereby empowered: 359
(a) To develop and maintain long-range planning for the 360
systems within the service area and for pollution abatement. 361
(b) To adopt and issue a "certificate of convenience 362
and necessity" of the authority to use the power of eminent 363
domain, including the right of immediate possession, in the 364
acquisition of real property. Upon the adoption of certificate, 365
which shall state the description of the real property needed to 366
be acquired by eminent domain, the authority shall transmit a copy 367
of the certificate to the governing authorities of any public 368
agency with the power of eminent domain or any other entity with 369
the power of eminent domain. The public agency or other entity 370
may initiate proceedings under the provisions of Sections 11-27-1 371
et seq. of the Mississippi Code, on behalf of the authority to 372
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carry out the purposes set forth in the certificate. The eminent 373
domain proceeding thereby initiated shall be conducted according 374
to and governed by the provisions of Sections 11-27-1 et seq. of 375
the Mississippi Code. 376
(c) To acquire and to own, maintain, use, operate, and 377
convey or otherwise dispose of any and all property of any kind, 378
real, personal, or mixed, or any interest therein within or 379
without the boundaries of its designated service area necessary or 380
convenient to the exercise of the purposes of its powers with 381
respect to the operations of any systems, unless any of the 382
foregoing is otherwise prohibited under the Constitution of the 383
state or this act. The amount and character of interest in land, 384
other property, and easements thus to be acquired shall be 385
determined by the board of the authority, and their determination 386
shall be conclusive and shall not be subject to attack in the 387
absence of manifold abuse of discretion or fraud on the part of 388
such board in making such determination. However, (i) in 389
acquiring lands, either by negotiation or eminent domain, the 390
authority shall not acquire minerals or royalties; provided that 391
sand and gravel shall not be considered as minerals within the 392
meaning of this section; and (ii) no person or persons owning the 393
drilling rights or the right to share in production shall be 394
prevented from exploring, developing, or producing oil or gas with 395
necessary right-of-way for ingress and egress, pipelines, and 396
other means of transporting interests on any land or interest 397
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thereon of the authority held or used for the purposes of this 398
act; but any such activities shall be under such reasonable 399
regulations by the board of the authority as will adequately 400
protect the systems of the authority contemplated by this act. 401
(d) To provide for the necessary relocation or 402
rerouting of roads and highways, railroad, telephone or other 403
telecommunications lines and properties, electric power lines, and 404
gas pipe lines and related facilities, or to require the anchoring 405
or other protection of any of these, provided due compensation is 406
first paid to the owners thereof or agreement is had with such 407
owners regarding the payment of the cost of such relocation, and 408
to acquire easements or rights-of-way for such relocation or 409
rerouting and to convey the same to the owners of the property 410
being relocated or rerouted in connection with the purpose of this 411
act. 412
(e) Unless otherwise prohibited under the constitution 413
of the state, the laws of the state, or this act, to enter into 414
contracts with any public agency or public utility, including, but 415
not limited to, contracts authorized under this act, in 416
furtherance of any of the purposes authorized by this act upon 417
such consideration as the board of the authority and such public 418
agency or public utility may agree. Any such contract may extend 419
over any period of time including a term which extends beyond the 420
term of the then majority of the existing board of the authority, 421
notwithstanding any provision or rule of law to the contrary, may 422
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be upon such terms as the parties thereto shall agree, and may 423
provide that it shall continue in effect until bonds specified 424
therein, refunding bonds issued in lieu of such bonds, and all 425
other obligations specified therein are paid or terminated. Any 426
such contract shall be binding upon the parties thereto according 427
to its terms. 428
(f) To make and enforce, and from time to time amend 429
and repeal, bylaws, rules, and regulations for the management of 430
its business and affairs and for the construction, use, 431
maintenance, and operation of any systems under its management and 432
control and any other of its properties. 433
(g) To employ staff and other personnel, including 434
attorneys, engineers, financial advisors, and consultants. The 435
board of the authority may, in its discretion, employ an executive 436
director, which shall have the authority to employ and terminate 437
employees of the authority. 438
(h) To accept and utilize grants and other funds from 439
any source for any project or other corporate purposes of the 440
authority. 441
(i) To establish and maintain rates, charges, or 442
assessments for the use of the services of such systems, and from 443
time to time to adjust such rates, charges, or assessments, to the 444
end that the revenues therefrom will be sufficient at all times to 445
pay the expenses of operating and maintaining such systems, 446
maintain reasonable reserves, and paying all of the authority's 447
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obligations under any contract or bond resolution with respect 448
thereto. 449
(j) To adopt rules and regulations necessary to carry 450
out the implementation of the systems in the service area and to 451
assure the payment by each participating public agency or public 452
utility of its proportionate share of the costs of the systems. 453
(k) To refuse to receive wastewater from any public 454
agency or subdivision thereof or public utility that does not 455
comply with the provisions of the authority's rules and 456
regulations applicable to the particular service area within which 457
such public agency or subdivision thereof or public utility is 458
located. 459
(l) To accept or reject industrial wastewater for 460
treatment and to require the pretreatment of same when in the 461
opinion of the authority such pretreatment is necessary. 462
(m) To adopt all necessary and reasonable rules and 463
regulations to require and/or carry out and effectuate 464
any systems in the service area, as contractually authorized. 465
(n) To sell or lease to any person any surplus property 466
owned by the authority upon such conditions as may be deemed 467
desirable by the parties. 468
(o) So long as any indebtedness on the systems of the 469
authority remains outstanding, to require by contract with a 470
public agency, public utility, or other person, that all 471
wastewater or water within the service area be disposed of through 472
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the appropriate system which comprises a part of the service area, 473
to the extent that the same may be available. 474
SECTION 10. (1) Any public agency or public utility may, 475
pursuant to a duly adopted resolution of the governing authority 476
of such public agency or public utility, enter into contracts with 477
the authority under the terms of which the authority will provide 478
the services of each such appropriate system. Any public agency 479
or public utility may also enter into contracts with the authority 480
for the authority to purchase or sell, by installments over such 481
terms as may be deemed desirable, or otherwise, any systems. Any 482
public agency or public utility is also authorized to enter into 483
operating agreements with the authority, for such terms and upon 484
such conditions as may be deemed desirable, for the operation of 485
systems by the authority or by any person contracting with the 486
authority to operate such systems; and any public agency or public 487
utility may lease to or from the authority, for such term and upon 488
such conditions as may be deemed desirable, any systems. Any such 489
contract may contain provisions requiring any public agency or 490
public utility to regulate the quality of wastewater or water to 491
be handled by the system and may also provide that the authority 492
shall have the right to use any streets, alleys, and public ways 493
and places within the jurisdiction of a public agency during the 494
term of the contract for any of its systems. Such contracts may 495
obligate the public agency or public utility to make payments to 496
the authority or to a trustee in amounts which shall be sufficient 497
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to enable the authority to defray the expenses of administering, 498
operating, and maintaining its systems, to pay interest and 499
principal (whether at maturity upon redemption or otherwise) on 500
bonds of the authority issued pursuant to this act, and to fund 501
reserves for debt service, for operation and maintenance, and for 502
renewals and replacements, and to fulfill the requirements of any 503
rate covenant with respect to debt service coverage contained in 504
any resolution, trust indenture, or other security agreement 505
relating to the bonds of the authority issued pursuant to this 506
act. Any public agency or public utility shall have the power to 507
enter into such contracts with the authority as in the discretion 508
of the governing authorities thereof would be in the best interest 509
of such public agency or public utility. Such contracts may 510
include a pledge of the full faith and credit of such public 511
agency and/or public utility and/or the avails of any special 512
assessments made by such public agency and/or public utility 513
against property receiving benefits, as now or hereafter provided 514
by law. Any such contract may provide for the sale or lease to or 515
use of by the authority of any system or any part thereof of the 516
public agency and/or public utility; may provide that the 517
authority shall operate any system or any part thereof of the 518
public agency and/or public utility; may provide that any public 519
agency and/or public utility shall have the right to continued use 520
and/or priority use of any of its system or any part thereof 521
during the useful life thereof upon payment of reasonable charges 522
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therefor; may contain provisions to assure equitable treatment of 523
public agencies and/or public utilities who contract with the 524
authority pursuant to this act; and may contain such other 525
provisions and requirements as the parties thereto may determine 526
to be appropriate or necessary. Such contracts may extend over 527
any period of time, notwithstanding any provisions of law to the 528
contrary, and may extend beyond the life of the system or any part 529
thereof or the term of any bonds sold with respect to such 530
facilities or improvements thereto. 531
(2) The obligations of a public agency and/or public utility 532
arising under the terms of any contract referred to in this act, 533
whether or not payable solely from a pledge of revenue or 534
assessments, shall not be included within the indebtedness 535
limitations of the public agency and/or public utility for 536
purposes of any constitutional or statutory limitation or 537
provision. To the extent provided in such contract and to the 538
extent such obligations of the public agency and/or public utility 539
are payable wholly or in part from the revenues, assessments, and 540
other monies derived by the public agency and/or public utility 541
from the operation of its system or any part thereof, such 542
obligations shall be treated as expenses of operating such system. 543
(3) Contracts referred to in this section may also provide 544
for payments in the form of contributions to defray the cost of 545
any purpose set forth in the contracts and as advances for the 546
system or any part thereof subject to repayment by the authority. 547
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A public agency and/or public utility may make such contributions 548
or advances from its general fund or surplus fund or from special 549
assessments or from any monies legally available therefor. 550
(4) Payments or any transfer of funds, made or to be made to 551
the authority by a public agency, public utility, or a nonprofit 552
corporation or association identified in Mississippi Code 553
Annotated Section 77-3-5(c) of the Mississippi Code, pursuant to a 554
contract for wastewater or water services or the acquisition of a 555
system or any part thereof, shall not be subject to approval or 556
review by the Mississippi Public Service Commission. 557
(5) Subject to the terms of a contract or contracts referred 558
to in this act, the authority is hereby authorized to do and 559
perform any and all acts or things necessary, convenient, or 560
desirable to carry out the purposes of such contracts, including 561
the fixing, charging, collecting, maintaining, and revising of 562
rates, fees, assessments, and other charges for the services 563
rendered by any system operated or maintained by the authority, 564
whether or not such system is owned by the authority. 565
(6) No provision of this act shall be construed to prohibit 566
any public agency and/or public utility, otherwise permitted by 567
law to issue bonds, from issuing bonds in the manner provided by 568
law for the construction, renovation, repair, or development of a 569
system or any part thereof owned or operated by such public agency 570
and/or public utility. 571
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SECTION 11. Whenever a public agency and/or public utility 572
shall have executed a contract pursuant to this act and the 573
payments thereunder are to be made either wholly or partly from 574
the revenues of a system, of a public agency and/or public 575
utility, or any part thereof or a combination of such systems, the 576
duty is hereby imposed on the public agency and/or public utility 577
to establish and maintain and from time to time to adjust the 578
rates charged by the public agency and/or public utility for the 579
services of such systems, such that the revenues therefrom 580
together with any taxes and special assessments levied in support 581
thereof will be sufficient at all times to: (a) pay the expense 582
of operating and maintaining such systems, including all of the 583
obligations of the public agency and/or public utility to the 584
authority, or its successors or assigns, under such contract; (b) 585
maintain reasonable reserves; and, (c) pay all of the obligations 586
of the public agency and/or public utility under and in connection 587
with bonds theretofore issued, or which may be issued thereafter 588
and secured by the revenues of such systems. Any such contract 589
may require the use of consulting engineers and financial experts 590
to advise the public agency and/or public utility whether and when 591
such rates are to be adjusted. 592
SECTION 12. (1) The authority shall have the power and is 593
hereby authorized, from time to time, to borrow money and to issue 594
revenue bonds or special assessment bonds in such principal 595
amounts as the authority may determine to be necessary to provide 596
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sufficient funds for achieving one or more of the purposes of this 597
act, including, without limiting the generality of the foregoing, 598
to defray all the costs of the project, the cost of the 599
acquisition, construction, improvement, repair, or extension of a 600
system, or any part thereof, whether or not such facilities are 601
owned by the authority, to pay interest on bonds of the authority 602
issued pursuant to this act, to establish reserves to secure such 603
bonds and payment of the interest thereon, to pay expenses 604
incident to the issuance of such bonds and to the implementation 605
of the authority's system, and to make all other expenditures of 606
the authority incident to or necessary or convenient to carry out 607
the purposes of this act. 608
(2) Before issuing bonds (other than interim notes or 609
refunding bonds as provided in this act) hereunder, the board of 610
the authority shall first hold a public hearing with due notice of 611
the time, date, and place of the hearing published in a newspaper 612
of general circulation in the service area. The board of the 613
authority shall adopt a resolution declaring its intention to 614
issue such bonds and stating the maximum principal amount of bonds 615
proposed to be issued, a general generic description of the 616
proposed improvements and the proposed location thereof, and the 617
date, time, and place at which the board of the authority proposes 618
to take further action with respect to the issuance of such bonds. 619
The board of the authority shall then cause the resolution of 620
intent to be published once a week at least three (3) consecutive 621
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weeks in at least one (1) newspaper having a general circulation 622
within the service area. The first publication of such resolution 623
shall be made not less than twenty-one (21) days before the date 624
fixed in such resolution to direct the issuance of the bonds and 625
the last publication shall be made not more than seven (7) days 626
before such date. 627
(3) Following the public hearing, bonds of the authority may 628
be issued pursuant to this act payable from and secured by a 629
pledge of all or any part of the revenues under one or more 630
contracts entered into pursuant to this act between the authority 631
and one or more public agencies and/or public utilities and from 632
all or any part of the revenues derived from the operation of any 633
designated system or any part or parts thereof and any other 634
monies legally available and designated therefor, including 635
special assessments levied by the authority against the property 636
so benefited, as may be determined by the authority, subject only 637
to any agreement with the purchasers of the bonds. Such bonds may 638
be further secured by a trust indenture between the authority and 639
a corporate trustee, which may be any trust company or bank 640
without or within the state having trust powers. 641
(4) Bonds of the authority issued pursuant to this act shall 642
be authorized by a resolution or resolutions adopted by a majority 643
vote of the board of the authority. Such bonds may be issued in 644
series, and each series of such bonds shall bear such date or 645
dates, mature at such time or times, bear interest at such rate or 646
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rates (not exceeding the maximum rate set out in Section 75-17-103 647
of the Mississippi Code), be in such denomination or 648
denominations, be in such form, carry such conversion privileges, 649
have such rank or priority, be executed in such manner and by such 650
officers, be payable from such sources in such medium of payment 651
at such place or places within or without the state, and be 652
subject to such terms of redemption prior to maturity, all as may 653
be provided by resolution or resolutions of the board of the 654
authority. 655
(5) Bonds of the authority issued pursuant to this act may 656
be sold at such price or prices, at public or private sale, in 657
such manner and at such times as may be determined by the 658
authority to be in the public interest, and the authority may pay 659
all expenses, premiums, fees, and commissions which the authority 660
may deem necessary and advantageous in connection with the 661
issuance and sale thereof. 662
(6) Any pledge of earnings, revenues, assessments, or other 663
monies made by the authority shall be valid and binding from the 664
time the pledge is made. The earnings, revenues, assessments, or 665
other monies so pledged and thereafter received by the authority 666
shall immediately be subject to the lien of such pledge without 667
any physical delivery thereof or further act, and the lien of any 668
such pledge shall be valid and binding as against all parties 669
having claims of any kind in tort, contract, or otherwise against 670
the authority irrespective of whether such parties have notice 671
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thereof. Neither the resolution nor any other instrument by which 672
a pledge is created need be recorded. 673
(7) Neither the members of the board of the authority nor 674
any person executing the bonds shall be personally liable on the 675
bonds or be subject to any personal liability or accountability by 676
reason of the issuance thereof. 677
(8) Proceeds from the sale of bonds of the authority may be 678
invested, pending their use, in such securities as may be 679
specified in the resolution authorizing the issuance of the bonds 680
or the trust indenture securing them, and the earnings on such 681
investments applied as provided in such resolution or trust 682
indenture. 683
(9) Whenever any bonds shall have been signed by the 684
officer(s) designated by the resolution of the board of the 685
authority to sign the bonds who were in office at the time of such 686
signing but who may have ceased to be such officer(s) prior to the 687
sale and delivery of such bonds, or who may not have been in 688
office on the date such bonds may bear, the manual or facsimile 689
signatures of such officer(s) upon such bonds shall nevertheless 690
be valid and sufficient for all purposes and have the same effect 691
as if the person so officially executing such bonds had remained 692
in office until the delivery of the same to the purchaser or had 693
been in office on the date such bonds may bear. 694
(10) Payments made under contracts with the authority for 695
the purpose of paying premium, if any, principal and interest on 696
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specific bonds issued by the authority under this section shall be 697
used solely for the purpose of paying premium, if any, principal 698
and interest on those specific bonds and for no other purpose. 699
Such payments shall be deposited in a segregated bank account and 700
the holders of the specific bonds to which the payments relate 701
shall have an exclusive first priority lien on such payments and 702
funds deposited in such account. Such payments shall not be 703
subject to lien or attachment by any creditor of the authority and 704
shall not be considered to be revenues of the authority available 705
for payment of operation and maintenance costs or any other 706
obligation of the authority. 707
(11) Further, the board of the county may, in its 708
discretion, levy an additional tax of not more than two (2) mills 709
against the taxable property in the county to be used to support 710
and maintain the authority created in this act. Before any such 711
levy is made, the board of the county shall signify its intention 712
to make such a levy and publish same in a newspaper published in 713
the county for thirty (30) days prior to making said levy. In the 714
event more than twenty percent (20%) or one thousand five hundred 715
(1,500), whichever is less, of the qualified electors in the 716
service area protest in writing to the board of the county against 717
the imposition of such tax levy within thirty (30) days from the 718
date such notice is published, then such proposed tax levy shall 719
not be made unless same is approved by a special election called 720
for said purpose. Such special election shall be conducted and 721
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had as provided by the laws of the state. This levy shall be in 722
addition to all other levies provided by the laws of the state and 723
in this act. 724
SECTION 13. The authority may by resolution adopted by the 725
board of the authority issue refunding bonds for the purpose of 726
paying any of its bonds at or prior to maturity or upon 727
acceleration or redemption. Refunding bonds may be issued at such 728
time prior to the maturity or redemption of the refunded bonds as 729
the board of the authority deems to be in the public interest, 730
without public hearing on the question of the issuance thereof. 731
The refunding bonds may be issued in sufficient amounts to pay or 732
provide the principal of the bonds being refunded, together with 733
any redemption premium thereon, any interest accrued or to accrue 734
to the date of payment of such bonds, the expenses of issue of the 735
refunding bonds, the expenses of redeeming the bonds being 736
refunded, and such reserves for debt service or other capital or 737
current expenses from the proceeds of such refunding bonds as may 738
be required by the resolution, trust indenture or other security 739
instruments. The issue of refunding bonds, the maturities and 740
other details thereof, the security therefor, the rights of the 741
holders and the rights, duties, and obligations of the authority 742
in respect of the same shall be governed by the provisions of this 743
act relating to the issuance of bonds other than refunding bonds 744
insofar as the same may be applicable. Any such refunding may be 745
effected, whether the obligations to be refunded shall have then 746
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matured or shall thereafter mature, either by the exchange of the 747
refunding bonds for the obligations to be refunded thereby with 748
the consent of the holders of the obligations so to be refunded, 749
or by sale of the refunding bonds and the application of the 750
proceeds thereof to the payment of the obligations proposed to be 751
refunded thereby, and regardless of whether the obligations 752
proposed to be refunded shall be payable on the same date or 753
different dates or shall be due serially or otherwise. 754
SECTION 14. All bonds (other than refunding bonds, interim 755
notes, and certificates of indebtedness, which may be validated) 756
issued pursuant to this act shall be validated as now provided by 757
law in Sections 31-13-1 et seq. of the Mississippi Code; notice of 758
such validation proceedings shall be addressed to the citizens of 759
the service area to be served by the authority (a) which have 760
contracted with the authority pursuant to this act, and (b) whose 761
contracts and the payments to be made by the public agencies or 762
public utilities thereunder constitute security for the bonds of 763
the authority proposed to be issued, and that such notice shall be 764
published at least once in a newspaper having a general 765
circulation within the service area of service. Such validation 766
proceedings shall be instituted in the chancery court of the 767
county or of Hinds County, Mississippi. The validity of the bonds 768
so validated and of the contracts and payments to be made by the 769
public agencies or public utilities thereunder constituting 770
security for the bonds shall be forever conclusive against the 771
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authority and the public agencies or public utilities which are 772
parties to such contracts; and the validity of such bonds and such 773
contracts and the payments to be made thereunder shall never be 774
called into question by or in any court in the state. 775
SECTION 15. Bonds issued under the provisions of this act 776
shall not be deemed to constitute, within the meaning of any 777
constitutional or statutory limitation, an indebtedness of the 778
authority. Such bonds shall not be secured by a pledge of the 779
full faith and credit of the state or the authority, but shall be 780
payable solely from the revenues, special assessments, or assets 781
of the authority pledged therefor. Each bond issued under this 782
act shall contain on the face thereof a statement to the effect 783
that the authority shall not be obligated to pay the same nor the 784
interest thereon except from the revenues or assets pledged 785
therefor. 786
SECTION 16. The authority shall have power in connection 787
with the issuance of its bonds to: 788
(a) Covenant as to the use of any or all of its 789
property, real or personal. 790
(b) Redeem the bonds, to covenant for their redemption, 791
and to provide the terms and conditions thereof. 792
(c) Covenant to charge rates, fees, and charges, and 793
collect assessments, sufficient to meet operating and maintenance 794
expenses, renewals, and replacements, principal and debt service 795
on bonds, creation and maintenance of any reserves or other funds 796
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required by a bond resolution, trust indenture, or other security 797
instrument, and to provide for any margins or coverages over and 798
above debt service on the bonds deemed desirable for the 799
marketability of the bonds. 800
(d) Covenant and prescribe as to events of default and 801
terms and conditions upon which any or all of its bonds shall 802
become or may be declared due before maturity, as to the terms and 803
conditions upon which such declaration and its consequences may be 804
waived and as to the consequences of default and the remedies of 805
the registered owners of the bonds. 806
(e) Covenant as to the mortgage or pledge of or the 807
grant of a security interest in any real or personal property and 808
all or any part of the revenues from any designated system or any 809
part thereof or any revenue-producing contract or contracts made 810
by the authority with any person to secure the payment of bonds, 811
subject to such agreements with the registered owners of bonds as 812
may then exist. 813
(f) Covenant as to the custody, collection, securing, 814
investment, and payment of any revenues, assets, monies, funds, or 815
property with respect to which the authority may have any rights 816
or interest. 817
(g) Covenant as to the purposes to which the proceeds 818
from the sale of any bonds then or thereafter to be issued may be 819
applied, and the pledge of such proceeds to secure the payment of 820
the bonds. 821
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(h) Covenant as to the limitations on the issuance of 822
any additional bonds, the terms upon which additional bonds may be 823
issued and secured, and the refunding of outstanding bonds. 824
(i) Covenant as to the rank or priority of any bonds 825
with respect to any lien or security. 826
(j) Covenant as to the procedure by which the terms of 827
any contract with or for the benefit of the registered owners of 828
bonds may be amended or abrogated, the amount of bonds the 829
registered owners of which must consent thereto, and the manner in 830
which such consent may be given. 831
(k) Covenant as to the custody of any of its properties 832
or investments, the safekeeping thereof, the insurance to be 833
carried thereon, and the use and disposition of insurance 834
proceeds. 835
(l) Covenant as to the vesting in a trustee or 836
trustees, within or outside the state, of such properties, rights, 837
powers, and duties in trust as the authority may determine. 838
(m) Covenant as to the appointing and providing for the 839
duties and obligations of a paying agent or paying agents or other 840
fiduciaries within or outside the state. 841
(n) Make all other covenants and to do any and all such 842
acts and things as may be necessary or convenient or desirable in 843
order to secure its bonds, or in the absolute discretion of the 844
authority that tend to make the bonds more marketable, 845
notwithstanding that such covenants, acts, or things may not be 846
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enumerated herein; it being the intention hereof to give the 847
authority power to do all things in the issuance of bonds and in 848
the provisions for security thereof which are not inconsistent 849
with the Constitution or laws of the state. 850
(o) Execute all instruments necessary or convenient in 851
the exercise of the powers herein granted or in the performance of 852
covenants or duties, which may contain such covenants and 853
provisions, as any purchaser of the bonds of the authority may 854
reasonably require. 855
SECTION 17. For the purposes of satisfying any temporary 856
cash flow demands and deficiencies, and to maintain a working 857
balance for the authority, the board of the county, or other 858
persons as defined in this act, subject to their lawful authority 859
to do so, are authorized to advance, at any time, such funds 860
which, in its discretion, are necessary, or borrow such funds by 861
issuance of notes, for initial capital contribution and to cover 862
start-up costs until such times as sufficient bonds, assets, and 863
revenues have been secured to satisfy the, needs of the authority 864
for its management, operation, and formation. To this end, the 865
board of the county, or other persons as defined in this act, 866
subject to their lawful authority to do so, shall advance such 867
funds, or borrow such funds by issuance of notes, under such terms 868
and conditions as may be provided by resolution of the board of 869
the county, or other persons as defined in this act, subject to 870
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their lawful authority to do so, except that each such resolution 871
shall state: 872
(a) The need for the proceeds advanced or 873
borrowed; 874
(b) The amount to be advanced or the amount to 875
be borrowed; 876
(c) The maximum principal amount of any note issued, 877
the interest rate or maximum interest rate to be incurred, and the 878
maturity date of the note. 879
In addition, the board of the county, or other persons as 880
defined in this act, subject to their lawful authority to do so, 881
may arrange for lines of credit with any bank, firm, or person for 882
the purpose of providing an additional source of repayment for 883
notes issued pursuant to this section. Amounts drawn on a line of 884
credit may be evidenced by negotiable or nonnegotiable notes or 885
other evidences of indebtedness and contain such terms and 886
conditions as the board of the county, or other persons as defined 887
in this act, subject to their lawful authority to do so, may 888
authorize in the resolution approving the same. 889
The board of the county, or other persons as defined in this 890
act, subject to their lawful authority to do so, may authorize the 891
repayment of such advances, notes, lines of credit, and other debt 892
incurred under this section, along with all costs associated with 893
the same, including, but not limited to, rating agency fees, 894
printing costs, legal fees, bank or trust company fees, line of 895
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credit fees, and other charges to be reimbursed by the authority 896
under such terms and conditions as are reasonable and are to be 897
provided for by resolution of the board of the county, or terms 898
agreed upon with other persons as defined in this act, subject to 899
their lawful authority to do so. 900
In addition, the board of the county may lease or donate 901
office space and equipment to the authority under such terms and 902
conditions as are reasonable and are to be provided for by 903
resolution of the board of the county, or terms agreed upon by the 904
authority. 905
SECTION 18. The authority may, in any authorizing resolution 906
of the board of the authority, trust indenture, or other security 907
instrument relating to its bonds, provide for the appointment of a 908
trustee who shall have such powers as are provided therein to 909
represent the registered owners of any issue of bonds in the 910
enforcement or protection of their rights under any such 911
resolution, trust indenture, or security instrument. The 912
authority may also provide in such resolution, trust indenture, or 913
other security instrument that the trustee, or in the event that 914
the trustee so appointed shall fail or decline to so protect and 915
enforce such registered owners' rights then such percentage of 916
registered owners as shall be set forth in, and subject to the 917
provisions of, such resolution, trust indenture, or other security 918
interest, may petition the court of proper jurisdiction for the 919
appointment of a receiver of the revenues of the system which are 920
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pledged to the payment of the principal of and interest on the 921
bonds of such registered owners. Such receiver may exercise any 922
power as may be granted in any such resolution, trust indenture, 923
or security instrument to enter upon and take possession of, 924
acquire, construct, reconstruct, or operate and maintain such 925
system, fix charges for services of the system, and enforce 926
collection thereof, and receive all revenues derived from such 927
system and perform the public duties and carry out the contracts 928
and obligations of the authority in the same manner as the 929
authority itself might do, all under the direction of such court. 930
SECTION 19. (1) The exercise of the powers granted by this 931
act will be in all respects for the benefit of the people of the 932
state, for their well-being and prosperity, and for the 933
improvement of their social and economic conditions, and the 934
authority shall not be required to pay any tax or assessment on 935
any property owned by the authority under the provisions of this 936
act or upon the income therefrom; nor shall any authority be 937
required to pay any recording fee or transfer tax of any kind on 938
account of instruments recorded by it or on its behalf. 939
(2) Any bonds issued by the authority under the provisions 940
of this act, their transfer, and the income therefrom shall at all 941
times be free from taxation by the state or any local unit or 942
political subdivision or other instrumentality of the state, 943
excepting inheritance and gift taxes. 944
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SECTION 20. All bonds issued under the provisions of this 945
act shall be legal investments for trustees, other fiduciaries, 946
savings banks, trust companies, and insurance companies organized 947
under the laws of the state; and such bonds shall be legal 948
securities which may be deposited with and shall be received by 949
all public officers and bodies of the state and all municipalities 950
and other political subdivisions thereof for the purpose of 951
securing the deposit of public funds. 952
SECTION 21. The state hereby covenants with the registered 953
owners of any bonds of the authority that so long as the bonds are 954
outstanding and unpaid, the state will not limit or alter the 955
rights and powers of the authority under this act to conduct the 956
activities referred to herein in any way pertinent to the 957
interests of the bondholders, including, without limitation, the 958
authority's right to charge and collect rates, fees, and charges, 959
make assessments, and to fulfill the terms of any covenants made 960
with the registered owners of the bonds, or in any other way 961
impair the rights and remedies of the registered owners of the 962
bonds, unless provision for full payment of such bonds, by escrow 963
or otherwise, has been made pursuant to the terms of the bonds or 964
the resolution, trust indenture, or security interest securing the 965
bonds. 966
SECTION 22. The provisions of this act are cumulative of 967
other statutes now or hereafter enacted relating to the issuance 968
of bonds and systems; and to the design, construction, 969
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acquisition, or approval of systems for such purposes, and any 970
public agency or public utility may exercise all presently held 971
powers in the furtherance of this act. 972
SECTION 23. If any clause, sentence, paragraph, section, or 973
part of the provisions of this act shall be adjudged by any court 974
of competent jurisdiction to be invalid, such judgment shall not 975
affect, impair, or invalidate the remainder thereof directly 976
involved in the controversy in which such judgment shall have been 977
rendered. 978
SECTION 24. (1) The board of the county, in its discretion, 979
may provide county equipment, labor, and other county services and 980
resources, including county funds, to the authority, upon such 981
terms and conditions as may be mutually agreed upon by the board 982
of the county and the board of the authority. Before providing 983
such equipment, labor, services, resources, or funds, the board of 984
the county shall make a finding, by resolution duly adopted and 985
entered on their minutes, that such mutual aid is in the best 986
interest of the citizens to be served by the authority. 987
(2) The board of the authority, in its discretion, may 988
provide equipment, labor, and other utility services or funds to 989
other persons, upon such terms and conditions as may be mutually 990
agreed upon by the board of the authority and the board of the 991
county. Before providing such equipment, labor, services, or 992
funds, the board of the authority shall make a finding by 993
resolution duly adopted and entered on their minutes, that such 994
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ST: Grenada County; authorize to create the
Grenada County Utility Authority.
mutual aid is in the best interest of the citizens to be served by 995
the authority. 996
SECTION 25. This act shall take effect and be in force from 997
and after its passage. 998