As Amended
SEC. 51-17-9. Creation of district.
(1) Within twenty days after the passage of this chapter, the board of water commissioners, the state game and fish commission, the forestry commission, and the state board of health of the State of Mississippi shall appoint their respective members to the proposed district board of directors as provided in section 51-17-5. These four appointive members, upon taking the oath as provided, shall meet in the office of the board of water commissioners in Jackson, Mississippi, within ten days and adopt by a majority vote a resolution setting forth their intentions of creating the district and shall forthwith send a certified copy of said resolution to:
(a) The governor;
(b) Executive officers of the board of water commissioners, state game and fish commission, forestry commission and state board of health; and
(c) The president of the board of supervisors and the chancery clerk of each county which is part of the Big Black River Basin.
After receipt of said resolution, each of the four state agencies hereinabove named may adopt its own resolution favorable or unfavorable to the creation of said district; and the respective boards of supervisors may, at their next regular meeting or at any subsequent meeting, likewise adopt a resolution favorable or unfavorable to creating said district. All of said resolutions adopted shall be certified by the adopting body's secretary, clerk, or executive officer and certified copies shall be filed with each state agency and political subdivision named in this section.
(2) The board of supervisors of any county which is part of the Big Black River Basin and which desires to become a member of the district shall, upon receipt of the certified resolution to be adopted by the four initial directors, declare said board's intentions by adopting a resolution expressing its desire to have said district created and stating that its county desires to be a member thereof and that said board desires and intends to levy a special ad valorem tax not to exceed one-half (1 /2 ) mill on all taxable property within said county for the use and benefit of the Big Black River Basin Development District, if and in the event that other funds of that county are not available and appropriated to pay for that county's required contribution to said district. The said resolution shall be published once each week for three consecutive weeks in some newspaper published in the county and having a general circulation therein. If within twenty-one days after the date of the first publication of said resolution no petition signed by ten percent (10%) of the qualified electors of the county is filed with the board of supervisors requesting the calling of an election on the question of the county's participation in the district and the levying of the special ad valorem tax not to exceed one-half ( 1 /2 ) mill as aforesaid, then the board of supervisors may without an election proceed to have the county made a member of said district and to levy the special ad valorem tax not to exceed one-half ( 1 /2 ) mill if and when required at any time within two years after the date specified in the aforesaid resolution. If within twenty-one days after the date of the first publication of said resolution a petition is filed, signed by at least ten percent (10%) of the qualified electors of said county, requesting an election on the proposition of said county's becoming a member of the proposed district and the levying of the special ad valorem tax not to exceed one-half ( 1 /2 ) mill as herein provided, then said election shall be held and conducted as now provided by law for such election after giving notice as provided in section 19-9-13, Mississippi Code of 1972. If such an election is held and a majority of those voting therein vote for the proposition, the board shall, by appropriate resolution, bring the county into the district and levy the special ad valorem tax not to exceed one-half ( 1 /2 ) mill as provided by this chapter, if required. If the majority of those voting in such election shall vote against the proposition, then the county shall not become a member of the district nor levy the one-half ( 1 /2 ) mill tax; and no further election shall be so conducted until the lapse of two years after the last election. However, the board of supervisors, in its discretion, may nevertheless call an election on said question after giving notice as hereinabove set out, in which event it shall not be necessary to publish the resolution declaring its intent as hereinabove set out. If the election shall carry for the proposition as hereinabove set out, the board of supervisors shall bring the county into the district by proper resolution and levy the necessary tax herein provided. If the election does not carry for the proposition as above provided, the county shall not become a member of the district.
(3) Whenever an aggregate of four counties shall have become members of the Big Black River Basin District in the manner provided in this section, the said district shall be created as an agency of the state and a body politic and corporate with all the powers granted to it by statute, at which time the governor shall appoint the four directors to be appointed by him.
(4) Any eligible county may become a member of the district subsequent to its creation, in the manner that the original counties became members. New member counties shall have the same power and authority and be entitled to equal consideration of the district's board of directors, not inconsistent with the purpose of this chapter.
SOURCES: Codes, 1942, Sec. 5956-225; Laws, 1964, ch. 249, Sec. 5; 1966, ch. 271, Sec. 1; 1970, ch. 295, Sec. 1, eff from and after passage (approved April 1, 1970).
1997 Amendment:
SECTION 2. Sections 51-17-1, 51-17-3, 51-17-5, 51-17-7, 51-17-9, 51-17-11, 51-17-15 and 51-17-17, Mississippi Code of 1972, which establish legislative intent and policy for the Big Black River Basin District, authorize the organization of the district and specify which counties may become part of the district, and provide for a board of directors, creation of the district, payments to the district, expenses of the district and powers and duties of the district, are repealed.
SOURCE: 1997 Laws, Chapter 403, Section 2, SB2937, Effective July 1, 1997.