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To: Local and Private
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) McMahan
SENATE BILL NO. 3382
AN ACT TO AMEND CHAPTER 920, LOCAL AND PRIVATE LAWS OF 1988, 1
AS LAST AMENDED BY CHAPTER 903, LOCAL AND PRIVATE LAWS OF 2007, TO 2
RESTORE THE SPECIAL SALES TAX WITHIN THE CITY OF TUPELO FOR 3
PROVIDING CERTAIN FUNDING FOR THE NORTHEAST MISSISSIPPI REGIONAL 4
WATER SUPPLY DISTRICT TO SERVICE DEBT AND PAY THE COST OF 5
FACILITIES NECESSARY TO SERVE ITS MUNICIPAL, RESIDENTIAL, 6
COMMERCIAL AND INDUSTRIAL CUSTOMERS, INCLUDING, BUT NOT LIMITED 7
TO, THE WELLSPRING PROJECT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Chapter 920, Local and Private Laws of 1988, as 10
amended by Chapter 967, Local and Private Laws of 1994, as amended 11
by Chapter 903, Local and Private Laws of 2007, is amended as 12
follows: 13
Section 1. Whenever used in this act, unless a different 14
meaning clearly appears in the context, the following terms shall 15
be given the following meanings: 16
(a) "Bonds" shall include notes, bonds and other 17
obligations authorized to be issued under this act. 18
(b) "City" means the City of Tupelo, Mississippi. 19
(c) "Cost" as applied to the delivery of water service 20
to a governmental entity or water association, means an amount 21
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equal to a proportional share of (i) the expenses of construction 22
and acquisition of the project amortized over the term of the 23
bonds issued for construction of the project, (ii) the expenses of 24
construction and acquisition of improvements to the project 25
amortized over the useful life of such improvements, (iii) 26
financing cost for the project and the aforesaid capital 27
improvements including the cost of interest on the bonds and debt 28
obligations issued to finance such improvements, less the annual 29
proceeds of the sales tax provided for in Section 5 of this act, 30
and (iv) operation and maintenance expenses pertaining to the 31
project as it may be improved from time to time, including a 32
reasonably required reserve fund for repair and renovation of the 33
project. The components of cost set forth above shall be 34
determined by a certified public accounting firm designated by the 35
district and acceptable to other users of the project. There 36
shall be deducted from such components of costs set forth above, 37
the proceeds of the special sales tax which will be used to pay 38
the principal of and interest on the bonds as provided in Section 39
12 hereof. 40
(d) "County" means Lee County, Mississippi. 41
(e) "District" means the Northeast Mississippi Regional 42
Water Supply District created pursuant to Section 51-8-1 et seq., 43
Mississippi Code of 1972, as said district may be constituted from 44
time to time. Local governmental units are entitled to join such 45
district as provided by law. 46
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(f) "Governing body" means the Mayor and City Council 47
of the City of Tupelo, Mississippi. 48
(g) "Project" means an intake facility to obtain water 49
from the Tombigbee River and Tennessee-Tombigbee Waterway, 50
treatment facilities, transmission lines and related facilities, 51
including, but not limited to, those facilities necessary to serve 52
the Wellspring Project. The term "project" shall include any 53
drainage, wastewater treatment or disposal facilities. The term 54
"project" may include multiple separate projects. 55
(h) "System" means the combined waterworks and sewerage 56
system of the city. 57
(i) "Wellspring Project" means the industrial 58
development site established by Pontotoc, Union and Lee Counties, 59
Mississippi, consisting of approximately one thousand seven 60
hundred (1,700) acres adjacent to Interstate 22 (U.S. Highway 78) 61
near the Blue Springs interchange and the improvement and 62
development of such site for industrial and commercial purposes. 63
Section 2. (1) It is hereby determined and declared to be 64
in the best interest of the people of the city, the county and the 65
surrounding area to provide an adequate supply of water both for 66
residential and industrial use. It is in the public interest that 67
the city's critical water shortage be eliminated and that the 68
water shortage problem which exists in the area be alleviated. 69
The construction of the project will assure the maintenance and 70
improvement of the living conditions of the people of northeast 71
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Mississippi, the continuation of industrial, commercial and 72
economic opportunities in the area, including, but not limited to, 73
the Wellspring Project, and the enhancement of the health and 74
welfare of the area's people, particularly its heaviest 75
groundwater users, in the years to come. 76
(2) The city shall endeavor to alleviate the regional water 77
shortage problem through cooperative efforts and agreements for 78
the benefit of communities in the surrounding area. If any county 79
located in whole or in part in the Eutaw-McShan aquifer is 80
declared by the Department of Environmental Quality to be in an 81
emergency situation as outlined in paragraph (1) above, such 82
county may petition the district for access to the project and 83
shall be granted access by the district. Any additions to the 84
project shall be paid for with user fees which shall be assessed 85
equally in all participating counties. 86
Section 3. The governing body is hereby authorized to issue 87
general obligation bonds of the city in the aggregate principal 88
amount not to exceed Twenty-three Million Dollars ($23,000,000.00) 89
prior to March 2, 2007, and not to exceed an additional Thirty 90
Million Dollars ($30,000,000.00) thereafter to raise money for the 91
construction and acquisition of the project and payment of 92
interest on bonds, establishment of reserves to secure such bonds 93
and payment of expenses incident to the issuance of such bonds and 94
to the implementation of the project. The bonds shall be general 95
obligations of the city, but shall not be considered when 96
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computing any limitation of indebtedness of the city established 97
by law. Bonds that are issued under the provisions of this act 98
after March 2, 2007, other than refunding bonds, shall be issued 99
at one or more times and may be issued on a parity with any other 100
bonds issued under the provisions of this act, so long as the 101
first series of such bonds is issued no later than the later of: 102
(a) Two (2) years after the effective date of this act; 103
(b) Two (2) years after the current City of Tupelo 104
Water Bonds issued under the authority of Chapter 967, Local and 105
Private Laws of 1994, mature and are paid; or 106
(c) Two (2) years after the final termination of any 107
litigation affecting the issuance of the bonds. 108
Section 4. Any bonds issued pursuant to this act shall be 109
issued in accordance with the provisions of Title 21, Chapter 33, 110
Article 5, Mississippi Code of 1972, except that if such 111
provisions conflict with the provisions of this act, the 112
provisions of this act shall prevail. The full faith, credit and 113
resources of the city shall be irrevocably pledged for the payment 114
of the principal of and interest on the bonds. 115
Section 5. Before any bonds shall be issued pursuant to this 116
act, the imposition of a special sales tax, in addition to all 117
other taxes now imposed, at the rate of one-quarter of one percent 118
(0.25%) upon all sales and services within the city which are 119
subject to the general rate of state sales tax, as well as all 120
retail sales of food or drink for human consumption not purchased 121
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with food stamps issued by the United States Department of 122
Agriculture or other federal agency, but which would be exempt 123
under Section 27-65-111(o) from the taxes imposed by Chapter 65, 124
Title 27, Mississippi Code of 1972, if the food or drink items 125
were purchased with food stamps. Fifty percent (50%) of the cost 126
of any project or projects shall come from proceeds received from 127
such special sales tax and fifty percent (50%) of the cost of any 128
project or projects shall come from other sources and user fees. 129
Section 6. Bonds issued under this act may be issued as 130
registered bonds pursuant to the provisions of Title 31, Chapter 131
21, Mississippi Code of 1972, or in bearer form either as to 132
principal or interest or both, may contain such covenants and 133
provisions, may be issued as term or serial bonds, in one or more 134
series, may be executed and delivered at any time, and from time 135
to time, may be in such form and denomination, may be of such 136
tenor, may be payable in such installments and at such time or 137
times, not exceeding twenty-five (25) years from their date of 138
issuance, may be payable at such place or places and evidenced in 139
such manner, may be callable with or without premium, may bear 140
such rate or rates of interest and may contain such other 141
provisions not inconsistent herewith, all as shall be provided in 142
the proceedings of the governing body whereunder the bonds shall 143
be directed to be issued. Bonds issued under this act may be sold 144
either at public sale in the manner provided by Section 31-19-25, 145
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Mississippi Code of 1972, or at private sale, in the discretion of 146
the governing body. 147
Section 7. No bond issued under this act shall bear a 148
greater overall maximum interest rate to maturity than that 149
allowed in Section 75-17-101, Mississippi Code of 1972, and no 150
bond may bear more than one (1) rate of interest; each bond shall 151
bear interest from its date to its stated maturity date at the 152
interest rate specified in the bonds; all bonds of the same 153
maturity shall bear the same rate of interest from date to 154
maturity. All interest accruing on bonds issued under this act 155
shall be payable semiannually or annually, except that the first 156
interest payment for any bond may be for any period not exceeding 157
one (1) year. No interest payment shall be evidenced by more than 158
one (1) coupon and neither cancelled nor supplemental coupons 159
shall be permitted. The lowest interest rate specified for any 160
bonds sold shall not be less than seventy percent (70%) of the 161
highest rate specified for the same bond issue. 162
Section 8. Bonds issued under this act shall be executed on 163
behalf of the city by the manual or facsimile signature of the 164
mayor and clerk of the city with the manual or facsimile seal of 165
the city affixed or imprinted thereon. At least one (1) signature 166
on each bond shall be a manual signature, whether of the mayor, 167
city clerk or authenticating agent. If the officers whose 168
signatures or countersignatures appear on the bonds or interest 169
coupons shall cease to be such officers before delivery of the 170
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bonds, such signatures or countersignatures shall nevertheless be 171
valid and sufficient for all purposes the same as if they had 172
remained in the office until such delivery. 173
Section 9. Bonds issued under this act and all interest 174
coupons applicable thereto shall be construed to be negotiable 175
instruments, despite the fact that they are payable solely from a 176
specified source, and shall be securities within the meaning of 177
Article 8 of the Mississippi Uniform Commercial Code. 178
Section 10. (1) The principal proceeds received upon the 179
sale of the bonds shall be deposited with a qualified depository 180
of the city in a special fund in the name of the city from which 181
there shall be first paid all expenses, premiums, fees and 182
commissions incurred by the city and deemed necessary or 183
advantageous by the governing body in connection with the 184
authorization, issuance, sale, validation and delivery of the 185
bonds. 186
(2) The balance of such proceeds shall be paid to the 187
district and deposited with a qualified depository of the 188
district. Such funds shall be held and disbursed for the project 189
and may be used (a) for the project, (b) to pay interest on the 190
bonds while the project is being completed and for a maximum of 191
six (6) months after the estimated date of completion, (c) to pay 192
engineering, fiscal, trustee, printing, accounting, financial 193
advisor, construction manager, feasibility consultant and legal 194
expenses, and development expenses incurred in connection with 195
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such project, and related structures and facilities, and the 196
issuance of the bonds, (d) to provide for the establishment of a 197
reasonable reserve fund for the payment of principal of and 198
interest on the bonds in the event of a deficiency in the revenues 199
and receipts available for such payments, if such fund is provided 200
for in the proceedings of the governing body in connection with 201
the issuance of bonds, (e) to pay the premium or premiums on any 202
insurance or any form of guarantee obtained from any source to 203
assure the prompt payment of principal and interest when due, (f) 204
to pay start-up costs and costs of operation and maintenance of 205
the project and related structures and facilities while it is 206
being established, erected, built, constructed, replaced, 207
remodeled, renovated, added to, equipped or furnished and for a 208
maximum of thirty-six (36) months after the estimated date of 209
completion, (g) to provide for the payment of interim indebtedness 210
incurred prior to the issuance of any bonds under this act and 211
used for the purposes set forth above, and (h) to pay costs 212
related to any suits and proceedings in connection with the 213
project, including any costs of settlement thereof. 214
Section 11. (1) On or before the fifteenth day prior to the 215
imposition of the special sales tax authorized in Section 5 of 216
this act, the governing body shall give written notification to 217
the Chairman of the State Tax Commission of the date on which the 218
special sales tax will become effective. 219
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(2) Such tax shall be collected in the same manner as the 220
state sales tax imposed by Title 27, Chapter 65, Mississippi Code 221
of 1972, and shall be accounted for separately from the amount of 222
sales tax collected for the state in the city. All provisions of 223
the Mississippi Sales Tax Law applicable to filing of such 224
returns, discounts to the taxpayer, remittances to the State Tax 225
Commission and retainage thereby of sums to defray the costs of 226
collection, collection enforcement, rights of taxpayers, recovery 227
of improper taxes, refunds of overpaid taxes or other provisions 228
of said chapter providing for imposition and collection of the 229
sales tax shall apply to the tax authorized by this act. 230
(3) On or before the fifteenth day of each month, the 231
revenue from the special sales tax collected under the provisions 232
of this section during the preceding month shall be paid and 233
distributed to the trustee provided in Section 13 of this act on 234
behalf of the city. Such special sales tax shall stand repealed 235
at the time and in the manner provided in subsection (3) of 236
Section 13 of this act. 237
Section 12. (1) Bonds issued under this act may be refunded 238
at any time and from time to time by the city pursuant to an 239
authorizing resolution of the governing body, directing the 240
issuance of refunding bonds in accordance with the Mississippi 241
Bond Refinancing Act, Section 31-27-1 et seq. 242
(2) The city shall have the authority to enter into an 243
investment agreement with a financial institution incorporated 244
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under the laws of the United States or the laws of any state in 245
the United States providing assurances with respect to the return 246
on investment of funds received by the city in connection with the 247
issuance of refunding bonds. 248
Section 13. (1) The bonds shall be secured by a trust 249
agreement by and between the city and a corporate trustee, which 250
may be any trust company or bank incorporated under the laws of 251
the United States or the laws of any state in the United States. 252
Any such trust agreement shall pledge for the payment of the 253
principal of, redemption premium, if any, and interest on the 254
bonds, the proceeds of the special sales tax provided for in this 255
act and may provide for any other source of payment which may from 256
time to time be made available to pay debt service on the bonds, 257
including revenues of the project, subject to the provisions of 258
subsection (3) of this section. The avails of the special sales 259
tax shall be used solely for the payment of the principal of, 260
redemption premium, if any, and interest on the bonds, including 261
any bonds issued prior to March 2, 2007, and for the payment of 262
expenses of issuance thereof or reserve funds therefor and shall 263
not be used to lower or offset any user fees which are required 264
under this act to pay fifty percent (50%) of the initial cost of 265
construction of the project. To the extent the proceeds of the 266
special sales tax and any other amounts which may from time to 267
time be available for the payment of the principal of, redemption 268
premium, if any, and interest on the bonds, including any 269
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available revenues of the project, are not sufficient for such 270
purpose, the governing body shall levy a special ad valorem tax 271
upon all of the taxable property within the city which shall be 272
sufficient, together with other monies available for such purpose, 273
to provide for the payment of the principal of, redemption 274
premium, if any, and interest on such bonds according to the terms 275
thereof. 276
(2) Such trust agreement may provide for the creation and 277
maintenance of such reserve funds as the governing body shall 278
determine are reasonable and proper, including such sinking fund 279
or funds as may be necessary to provide for the payment of the 280
principal of, redemption premium, if any, and interest on the 281
bonds, subject to the provisions of subsection (3) of this 282
section. Any such trust agreement or any resolution directing the 283
issuance of bonds may contain such provisions for protecting and 284
enforcing the rights and remedies of the registered owners thereof 285
as may be reasonable and proper and not in violation of law, 286
including the duties of the city in relation to the acquisition of 287
property and the construction, improvement, equipping, furnishing, 288
maintenance, repair, operation and insurance of the project and 289
the custody, safeguarding and application of all monies. 290
(3) Such trust agreement shall provide for the creation of a 291
fund which is separate and apart from any other fund authorized 292
under this section. The trustee shall deposit into such fund all 293
special sales tax revenues imposed and collected under this act 294
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subject, however, to any pledge of such revenues made as security 295
for bonds issued by the city prior to March 2, 2007. The special 296
sales tax revenues deposited into the fund shall be invested in 297
the manner provided by law for the investment of public funds. 298
Such special sales tax revenues, including interest earned 299
thereon, shall be used to pay not more than fifty percent (50%) of 300
the principal of and interest on such bonds as they become due and 301
payable on any payment date. The trustee shall determine when the 302
special sales taxes which it has actually received, together with 303
any income actually realized from the investment of such special 304
sales tax revenues, are sufficient to pay fifty percent (50%) of 305
the principal of and interest on bonds then outstanding, as such 306
bonds and the interest thereon mature and accrue to the final 307
maturity date; and, to the extent not needed for such purposes, 308
the avails of the special sales tax may be used to pay the costs 309
of any additions to the project or projects. The authority to 310
levy such special sales tax shall stand repealed on the first day 311
of the month immediately succeeding the payment in full of the 312
principal of and interest on all bonds issued pursuant to Section 313
3 of this act. The balance of any funds remaining in the fund 314
described in this subsection after final payment of all principal 315
of and interest on the bonds as herein provided shall be remitted 316
to the district. It is the intent of the Legislature that not 317
more than fifty percent (50%) of the principal of and interest on 318
the bonds issued under this act and any costs incident thereto 319
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shall be paid from the special sales tax and the interest earned 320
thereon. 321
(4) Any such trust agreement may set forth the rights and 322
remedies of the registered owners of the bonds and of the trustee, 323
and may restrict the individual right of action by such registered 324
owners as is customary in trust agreements or trust indentures 325
securing bonds and debentures of corporations. Further, any such 326
trust agreement may contain such provisions as the city may deem 327
reasonable and proper for the security of such registered owners 328
and may also contain provisions governing the issuance of bonds to 329
replace lost, stolen or mutilated bonds. 330
(5) Any such trust agreement may contain a provision that, 331
in the event of a default in the payment of the principal of, 332
redemption premium, if any, or the interest on the bonds issued in 333
accordance with or relating to, such agreement or in the 334
performance of any agreement contained in the proceedings, trust 335
agreement or instruments relating to such bonds, such payment and 336
performance may be enforced by mandamus or by the appointment of a 337
receiver in equity. 338
(6) All expenses incurred by the city in carrying out the 339
provisions of any such trust agreement may be treated as a part of 340
the cost of the operation of the project. 341
(7) Any surplus funds, excluding special sales tax revenues 342
and interest earned thereon, received by the trustee after payment 343
in full of the principal of, redemption premium, if any, and 344
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interest on the bonds, or provision therefor having been made, 345
shall be paid over to the city and expended for improvements, 346
repairs and extensions to the project. 347
Section 14. (1) Bonds issued under this act and the income 348
therefrom shall be exempt from all taxation in the State of 349
Mississippi, excepting inheritance and gift taxes. 350
(2) Bonds issued under this act shall be legal investments 351
for commercial banks, savings and loan associations and insurance 352
companies organized under the laws of this state. 353
Section 15. Bonds issued under this act shall be submitted 354
to validation as provided by Title 31, Chapter 13, Mississippi 355
Code of 1972, and to that end the city clerk shall be directed to 356
make up a transcript of all legal papers and proceedings relating 357
to the bonds and to certify and forward the same to the state's 358
bond attorney for the institution of validation proceedings. 359
Section 16. The governing body, the board of supervisors of 360
any county or the governing authorities of any city in which a 361
part of the project or projects are located are authorized to 362
exercise such powers of eminent domain as are required by the 363
public convenience and necessity to acquire property, or interests 364
therein, whether real, personal or mixed, on which to construct 365
the project or any part thereof. 366
Section 17. (1) The project shall be owned by the district. 367
The district is authorized to contract with any agency, department 368
or other office of government or any individual, partnership, 369
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corporation, utility or water management district, county or 370
municipality, and each of those entities are authorized to 371
contract with the district for the acquisition, treatment or 372
furnishing of water or providing of property, equipment or 373
services by or to the district regarding the construction, funding 374
or operation of the project and to contract for the management of 375
the project or any part thereof by any individual, partnership or 376
corporation or governmental entity. The district is further 377
authorized, to the extent that the governing body determines to be 378
in the best interest of the city and the surrounding area, to 379
sell, lease or otherwise convey any of the facilities or property 380
constituting a part of or pertaining to the project and to 381
contract with any of the above entities regarding such sale, lease 382
or conveyance. The authority to levy and collect the special 383
taxes provided for in this act shall not be adversely affected by 384
any such contract, agreement, sale, lease or conveyance. 385
(2) Such agreement may contain a provision whereby the 386
entity contracting with the district agrees to take an established 387
amount of water at an established rate or to pay an amount if it 388
does not require the established amount or if the project is not 389
able to provide water in such amounts in the applicable time 390
periods. The district is further authorized to lease any of the 391
facilities or property constituting a part of or pertaining to the 392
project and to contract with any of the above entities regarding 393
such lease. The authority to levy and collect the special tax 394
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provided for in this act shall not be adversely affected by any 395
agreement entered into pursuant to this section. The revenues and 396
expenses of the project shall be accounted for so that the cost of 397
water service can be determined as provided in this act. The 398
district shall sell water from the project to each governmental 399
entity or water association within the district at the cost of 400
such water service. 401
Section 18. The district shall pledge a sufficient portion 402
of its revenues received from the sale of water from the project, 403
after payment of the expense of operation and maintenance of the 404
project, to the payment of principal of and interest on any bonds 405
as the same comes due to the extent the same is not paid with the 406
proceeds of the sales tax referenced in Section 5 herein. The 407
proceedings of the governing body in connection with the issuance 408
of bonds, pursuant to agreement with the district, may provide for 409
the payment of a sufficient portion of such revenues to the 410
trustee provided for herein, and may contain such other provision 411
regarding the priority of such pledge as shall be contained 412
therein and in any agreements between the district and any other 413
contracting party, including the city. 414
Section 19. This act, without reference to any other 415
statute, shall be deemed to be full and complete authority for the 416
issuance of bonds under this act, and shall be construed as an 417
additional and alternative method therefor, and none of the 418
present restrictions, requirements, conditions or limitations of 419
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ST: City of Tupelo; restore special sales tax
in support of Northeast Mississippi Regional
Water Supply District.
law applicable to the issuance or sale of bonds, notes or other 420
obligations by municipalities of this state shall apply to the 421
issuance and sale of bonds under this act, and no proceedings 422
shall be required for the issuance of such bonds other than those 423
provided for and required herein. All other powers and authority 424
provided for or granted in this act, other than the levy of taxes 425
authorized under this act, may be exercised whether or not bonds 426
are issued pursuant to this act. All powers necessary to be 427
exercised in order to carry out the provisions of this act are 428
hereby conferred. 429
Section 20. Nothing in this act shall prohibit other 430
political subdivisions from obtaining water from the Tombigbee 431
River and the Tennessee-Tombigbee Waterway as provided by state 432
law. 433
Section 21. Nothing contained in this act (Senate Bill No. 434
3214, 2007 Regular Session) shall affect any bonds issued by the 435
city prior to March 2, 2007, or the security pledged therefor or 436
any agreement entered into with respect to the security for such 437
bonds. 438
Section 22. No member of the Legislature, elected official 439
or appointed official, or any partner or associate of any member 440
of the Legislature, elected official or appointed official shall 441
derive any income from the issuance of any bonds under this act. 442
SECTION 2. This act shall take effect and be in force from 443
and after its passage. 444