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/Yr BEFORE THE BOARD

OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

IN THE MATTER OF THE ONE-HALF MILL COUNTY-WIDE TAX LEVY, AND THE RETENTION OF TWO MILLS AD VALOREM TAX FOR THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPEAL TO THE HONORABLE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI:

The Tombigbee River Valley Water Management District, an agency of the State of Mississippi and a body politic and corporate (hereinafter called "District"), being aggrieved by the judgment and decision of the Board of Supervisors of Alcorn County, MissiSsippi, to withhold its tax support to the District, to divert tax funds heretofore made available to the District to other purposes, and to withdraw as a member County of said District, all as set forth in the resolution of said Board, dated September 28, 1973, does hereby respectfully appeal from said judgment and decision as embodied in said order.

This appeal is taken pursuant to the provisions of Section 1195, Mississippi Code 1942, Annotated as amended, and as authorized by a vote of the Board of Directors of the District at a lawful meeting held in the City of Tupelo, Mississippi, on October 4, 1973. Filed herewith is a Bill of Exceptions embodying the facts presented to this Honorable Board at a public hearing at whICh the

OCT 8 1973 MRS. FADRA D. DODO, Cr.


matter was considered on Monday, September 24, 1973, including official documents of record referred to therein, and a copy of said judgment and decision as embodied in the aforesaid order. The President of the Board of Supervisors of Alcorn County is respectfully requested to sign said Bill of Exceptions, and the Clerk of said Board is respectfully requested to transmit said Bill of Exceptions, when so signed, to the Circuit Clerk of Alcorn County at once, all as required by said statute, there to be docketed for hearing in due course as by law provided.

Respectfully submitted, TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

By Its Attorney


BEFORE THE BOARD OF SUPERVIORS OF ALCORN COUNTY, MISSISSIPPI

IN THE MATTER OF THE ONE-HALF MILL COUNTY-WIDE TAX LEVY, AND THE RETENTION OF TWO MILLS AD VALOREM TAX FOR THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

BILL OF EXCEPTIONS

TO THE HONORABLE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI:

The Tombigbee River Valley Water Management District, an agency of the State of Mississippi and a body politic and corporate (hereinafter called "District"), desiring to appeal from a judgment and decision of this Honorable Board, files this its Bill of Exceptions, incorporating herein by reference as fully as if copied at length herein, each and all of the following numbered exhibits, which exhibits are attached hereto and which comprise its said Bill of Exceptions:

1.

Order of the Board of Supervisors of Alcorn County, Missis-

sippi, dated September 28, 1973, from which appeal is taken.

2.

Memorandum Brief presented to and discussed before this

Board on September 24, 1973.

3.

Resolution of the Board of Supervisors of Alcorn County,

Mississippi, dated January 11, 1963.

4.

Resolution of Board of Supervisors of Alcorn County,

Mississippi, dated February 6, 1963.

5.

Opinion of the Attorney General, dated February 16, 1965.

OCT 8 1913 MRS. FA RA D. DODD, Cir. CIR. BY


6.

Letter from Colonel Robert E. Snetzer of the U. S.

Corps of Engineers, dated July 9, 1969.

7.

Opinion of the Attorney General, dated June 3, 1968.

8.

Resolution of Board of Supervisors of Alcorn County,

Mississippi, dated August 7, 1969.

9.

Copy of work-sheet showing breakdown of half-mill

County-wide levy and 2-mill ad valorem tax contribution by Counties and by calendar years through 1972.

10.

Breakdown of tax revenues from member Counties by

fiscal years.

11.

Resolution of Board of Directors of District, dated

October 29, 1964.

12.

Resolution of Board of Supervisors of Alcorn County,

Mississippi, dated July 8, 1969.

13.

Resolution of Board of Directors of District, dated

July 24, 1969.

14.

Copy of all documents which together comprise the

contracts and agreements pertaining to the establishment, development, and underwriting of the Yellow Creek State Port.

15.

Resolution of the Board of Supervisors of Alcorn County,

requesting District to fund project of a local nature on behalf of Alcorn County, dated April 2, 1973.

2


16. Letter from U. S. Army Corps of Engineers, Mobile District, dated January 31, 1963.

17.

Resolution of Board of Directors of District, dated

March 26, 1964.

18.

Summary of cost estimates of Tennessee-Tomgibee Waterway.

19.

Letter from Colonel Charles T. Williams, District Engineer,

U. S. Corps of Engineers, dated February 5, 1970.

20.

Resolution of Board of Directors of District, dated

August 23, 1963.

21.

Table showing estimated annual cost and benefits of

improving Tombigbee River tributaries and streams.

22.

Opinion of Attorney General, dated August 29, 1973.

Respectfully submitted:

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY Its Attorney Signed pursuant to the provisions of Section 1195, Mississippi Code 1942, Annotated, for delivery by the Clerk of the Board of Supervisors of Alcorn County to the Clerk of the Circuit Court of Alcorn County, Mississippi, there to be docketed for hearing in due course, this the 5,7 day of October, 197

President, Board of Supervisors, Alcorn County, Mississippi

Received the foregoing Bill of Exceptions from the Clerk of the Board of Supervisors, Alcorn County, Mississippi,

3


filed and docketed same, this the 1973.

day of October,

Circuit Clerk, Alcorn County, Mississippi

4


ORDER OF THE BOARD OF SUPERVISORS OF • ALCORN COUNTY, MISSISSIPPI AMENDING THE TAX LEVY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1973, ENDING SEPTEMBER 30, 1974

WHEREAS, in the tax levy for the year 1973 which was adopted by this Board on September 12, 1973, a levy of one-half (1/2) mill was made for the benefit of the Tombigbee River Valley Water Management District, with the provision that two mills of the State tax collected in Alcorn County be withheld for the benefit of said Tombigbee River Valley Water Management District, as authorized by Chapter 224 of the general laws of Mississippi of 1962, and Section 5956-131, et seq of the Mississippi Code of 1942, Annotated, and WHEREAS, the law authorizing such action states in part: (Section 9877-02 of the Code of 1942 as amended) "The purpose or purposes for which the said State ad valorem tax may be withheld and expended must be a purpose or purposes within the economic, indLstrial or educational fields, \\Mich will be substantially beneficial to areas of the State beyond the confines of the county, as well as the general area of the subject county, to the extent that such a promotion could well be the responsibility of the State of Mississippi... , etc." and WHEREAS, after mature consideration the Board is of the opinion that it would be in the best interest of Alcorn County and the inhabitants thereof, for this levy to be made for the support of a multi-county child development program covering the counties of Alcorn, Prentiss, Tippah and. Tishomingo. WHEREAS, research surveys and test data indicate that sufficient experiences necessary for a childs successful transition from home to the broader and more coMplex areas of society are inadequate. Therefore, the Alcorn, Prentiss, Tippah and Tishomingo Child Development Program will assist permanent home and center based programs supported out of non-federal funds for training parents


and mer .11y handicapped children on a predominately individualized basis providing stimulation and experience for optium development. WHEREAS surveys have also revealed that in the four counties participating in this program, approximately 5,965 children who range in age from infancy to twenty-one years have been identified as having some degree of learning defects and mental handicaps while there in an undetermined number of persons between the ages of six and twenty-one years who likewise have serious and mental handicaps who will be assured services for career preparation. WHEREAS, the money derived from the above referred to levy pursuant to statutory autluity would assure a continuous flow of these services to the children of these counties without the fragmentation of programs and the interruptions resulting from lack of funds which has heretofore been characteristic of the Federal monies available for these programs. WHEREAS, the objectives of this program are to develope a model for a minimum local effort in attaining the following goals: To provide mentally retarded children of the 1. target families in the four county area with mental, medical, psychological, career and social services they may need for total emotional, personal and educational development. 2. To provide a minimum number of adequate day care centers as models in each of the counties comprising the multi-county child development program. To demonstrate methods and determine realistic 3. costs of developing services on a multi-county basis. To assist parents in being able to provide the 4. highest education standards possible for their mentally retarded children. WHEREAS, Alcorn County has derived little if any benefit from its support of Tombigbee River Valley Water Management District and future benefits are entirely speculative, and •


It is, therefore, ORDERED, that the said tax levy formally adopted on September 12, 1973, be changed and amended by eliminating the one-half mill levy for the Tombigbee River Valley Water Management District .and substituting therefor an additional one-half mill levy for the

support of the Alcorn, Prentiss, Tippah and Tishomingo Child Development Program. It is, therefore, ORDERED that there be submitted to the State Commission of Dubget and Accounting by the attorneyfcr this Board, a Petition on behalf of the Board of Supervisors requesting the authority to utilize the two mills of State tax presently being diverted to the Tombigbee River Valley Water Management District and to hereafter divert the same to the Alcorn, Prentiss, Tippah and Tishomingo Child Development Program. Upon motion made, duly seconded and adopted, the foregoing Motion was adopted by the Board of Supervisors of Alcorn County, Mississippi on this, the 28th day.of September, 1973.

President

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Exhibit 1 - 3


ALCORN COUNTY AND THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT - A BRIEF

I. HOW DID ALCORN COUNTY COME TO BE A MEMBER OF THE DISTRICT? In 1956 the Legislature created the Tombigbee Valley Authority (Authority). Alcorn County was one of the member Counties named in the statute itself (Code, Sec. 5956-42). In 1962 the Legislature created the Tombigbee River Valley Water Management District (District) and provided that each County of the Authority could become a member of the District, upon the adoption and publication of a resolution of intent by the Board of Supervisors (Sec. 5956-131, et seq.). On January 11, 1963, the Board of Supervisors of Alcorn County approved the formation of the District and published the required notice providing for an election to be held if 20 percent of the voters so petitioned. On February 6, 1963, the Board of Supervisors of Alcorn County adopted a resolution determining that no petition for an election was filed and agreeing to assess a tax of one-half mill on that part of the land shown to be within the Tombigbee Basin. On April 17, 1963, the District was legally organized, with Alcorn County being one of the participating Counties. In 1964 the formation and organization of the District with Alcorn County as a member was specifically ratified by the Legislature (Sec. 4, Chapter 251, Laws 1964). On February 16, 1965, the Attorney General rendered an opinion in which he stated that the membership of Alcorn County in the District was legal and that Alcorn County was as much a part of the District as any of the other member Counties.

EXHIBIT 2 - 1


Much has been said about whether or not any part of Alcorn County lies in the Tombigbee Basin. The official map of the Corps of Engineers, which is Plat No. 1 to House Document 167, 84th Congress, dealing with the authorized flood control project on the Tombigbee River and its tributaries, shows a very small portion of the County to be in the Tombigbee Basin, but admittedly, the exact boundary of the Basin could be located only by an accurate survey. Certainly very little, if any, of Alcorn County drains into the Tombigbee River. However, it is immaterial whether or not any of Alcorn County lies in the Tombigbee Basin for two separate and independent reasons. First, the Legislature created the Tombigbee Valley Authority and named Alcorn County as a member. When it created the District it gave Alcorn County the right, at the County's option, of becoming a member. By proper legal action, Alcorn County became a member in 1963, and has functioned as a member ever since. The law does not require that any part of Alcorn County be in the Tombigbee Basin, and even if none is, its membership is just as full, complete, and legal as that of any other County. The Attorney General has expressly so ruled on February 16, 1965, and again in an opinion dated June 3, 1968. Second, the question of acreage within the Basin is material only when a County is attempting to levy one-half mill tax on that portion of the County. This became moot in 1969 when the Board

of Supervisors of Alcorn County voluntarily extended the

one-half mill levy to the entire County.

2

EXHIBIT 2 - 2


II. WHAT DOES ALCORN COUNTY CONTRIBUTE TO THE DISTRICT? The law permits two mills State ad valorem tax to be retained and paid to the District for 40 years from January 1, 1965. This is money which Alcorn County would not otherwise get. It amounts to approximately $41,000.00 per year, and from 1963 through December 31, 1972, $237,840.72 was paid to the District frcm this source. From 1965 until 1969, Alcorn County paid, as its one-half mill levy, $50.00 per year for a total of $250.00. The onehalf mill County-wide levy, established County wide in 1969, has produced approximately $30,000.00 through December 31, 1972. It will produce approximately $10,000.00 in 1973. Thus the County has levied a new tax of one-half mill and the State has diverted two (2) mills of State taxes to the District. This is the full extent of the County's contribution and obligation as a member of the District.

III. WHAT BENEFITS DOES ALCORN COUNTY GET FROM THE DISTRICT? 1. The District is committed to expend one mill of the 2-1/2 mills received from each County on "projects of a local nature" directly affecting the County itself. These projects of a local nature are selected by the Board of Supervisors and the District Directors of each County. Based on 1965 assessments, Alcorn County will receive at least $620,000.00 for such projects of a local nature. At the request of the District 111$ r,Hw sd

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Alcorn County, approximately $61,900.00 of these funds have been

3 EXHIBIT 2 - 3


expended and the remainder allocated to sponsor flood control structures of the Soil Conservation Service in the Tuscumbia Basin and to underwrite Alcorn County's share of the cost of the operation of Yellow Creek Port. 2. The Act authorizing the Yellow Creek Port provided that Tishomingo, Alcorn, Prentiss, and Itawamba Counties could either levy a tax of two mills to sponsor the Port or could decline to act as the sponsor and request District to so act. All four Counties, including Alcorn, requested the District to sponsor and underwrite the Port, and entered into a contract with it to do so. By that contract the District is obligated to underwrite the $1,500,000.00 State bond issue with Districtwide funds and also to underwrite the operating expenses of the Port as a project of a local nature for the four Counties. The District initially put $257,000.00 in escrow, earmarked for the first three years of this commitment. Funds actually expended to date by the District in connection with the Yellow Creek Port include $6,000.00 for Mississippi State University for a feasibility study and a bond payment of $88,229.55. These expenditures were from District-wide funds. The District eventually will be repaid the cost of underwriting the bond issue but only when funds are available from the sale of industrial lands. In the meantime, it must continue to make annual bond and interest payments. The District has also expended $75,455.86 to underwrite the operations of the Yellow Creek Port. This expenditure is from funds of projects of a local nature in Alcorn, Prentiss, Tishomingo, and Itawamba Counties pro-rata.

4 EXHIBIT 2 - 4


In addition, $6,600.00 has been expended on the Yellow Creek Port as a project of a local nature from funds of Tishomingo County and $50,000.00 from funds of Alcorn County at the request of their respective Directors and Boards of Supervisors. The industrial and economic potentials of the Yellow Creek Port are tremendous, and no County will benefit more than Alcorn. 3.

The District has obligated itself to act as local

sponsor and to provide or procure necessary local funds for the implementation of the Tennessee-Tombigbee Navigation Project. Such local sponsorship was a prerequisite to the beginning of construction. No County will benefit more than Alcorn from the Tennessee-Tombigbee Waterway. 4.

The District is legally empowered to act as local

sponsor and provide the local funds for future Corps of Engineers flood control projects in both the Tuscumbia and Hatchie Basins in Alcorn County. This power is coextensive with the boundaries of the District and is not limited to the Tombigbee and its tributaries. This has been expressly recognized by the Corps of Engineers.

IV. WHY SHOULD ALCORN COUNTY REMAIN IN THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT?

There are three separate answers to this question, each sufficient in itself. 1. Numerous legal obligations have been created both on the part of the District and Alcorn County since 1963. To name the major ones:

5 EXHIBIT 2 - 5


(a) The District has obligated itself to act as local sponsor for the Tennessee-Tombigbee Navigation Project, as stated above. (b) The District has agreed to act as local sponsor for the Yellow Creek Port, as stated above. (c) The District is obligated to act and is now acting as the local sponsor to provide the local funds for the Corps of Engineers' Tombigbee River Flood Control project. (d) Numerous other projects, including "projects of a local nature" such as those in Alcorn County, have been approved by the District and necessary funds obligated. The law itself requires that the one-half mill levy and the contribution of the two-mill tax be continued as long as these obligations are outstanding. Furthermore, there is a constitutional prohibition against legislative enactment which impairs the rights and obligations of contracts. It is the opinion of the Attorney General, as stated in an opinion of June 3, 1968, and again in an opinion of August 29, 1973, that Alcorn County could not legally withdraw or be removed from the District while these obligations are outstanding. It is true that no bonds have yet been issued, but bonds will be required in the near future to provide the funds for obligations already undertaken.

6 EXHIBIT 2 - 6


2. Alcorn County receives many direct and indirect benefits as a member of the District. Of the 2-1/2 mills to be collected in the future, the District is obligated to spend at least one mill on projects of a local nature designated and approved by the Board of Supervisors of Alcorn County, such as the Yellow Creek Port and flood control structures. By virtue of the proximity of the Yellow Creek Port and the Tennessee-Tombigbee Waterway, and the obligation of the District to sponsor those projects and provide necessary local funds, Alcorn County stands to benefit perhaps more from the District's activities than almost any other County. Furthermore, once a County comes into the District and levies the one-half mill tax County-wide, as Alcorn has done, there is no distinction between the County wholly within the Tombigbee Basin and one with only a part or none of its area in the Basin. The District can sponsor flood control projects by the Corps of Engineers on the Tuscumbia and Hatchie River anywhere in Alcorn County, just as fully as it can on the Tombigbee and its tributaries in other member Counties. 3. For ten years, Alcorn County has wanted to be in the District. The members of the old Tombigbee Valley Authority from Alcorn County and the Alcorn County delegation to the Legislature were most active in the creation and organization of the District. In 1963 the Board of Supervisors approved the formation of the District and published the proper notice for voters to register their protests by petition. Not a petition was filed.

7

EXHIBIT 2 - 7


On February 6, 1963, the Board of Supervisors agreed to levy one-half mill tax on land within the Basin. On April 17, 1963, the District was organized with the Alcorn County Board of Supervisors actively participating. On August 26, 1968, the Board of Supervisors contracted with the District to sponsor and underwrite the Yellow Creek Port. On June 6, 1969, the Board of Supervisors extended the one-half mill tax to cover all taxable property in Alcorn County. On July 8, 1969, the Board of Supervisors requested District to obligate itself as sponsor for a flood control dam as a project of a local nature.

In short, the people of Alcorn County without a single protest acquiesced in the formation of the District and the joining of it by their County. Since 1963 they have, through their elected Board of Supervisors, shown their approval and endorsement of the program and projects of the District by participating fully therein. The current attacks on the District and attempt to remove Alcorn County apparently are the efforts of a very small but vocal minority, which has not previously been supported by the people or the leadership of the County.

CONCLUSION

The present attempt to remove Alcorn County from the District is but a repetition of abortive efforts to do the same thing in the 1968 and 1970 sessions of the Legislature.

8 EXHIBIT 2 - 8


The main argument has been that Alcorn County could get more for its tax dollar, but when viewed in the light of all the facts,

this argument simply does not hold water. Alcorn County

has levied only one-half mill tax for District purposes. By doing this, it is allowed to retain and divert to the District two mills of State ad valorem tax which otherwise would not be available to the County. In return for its one-half mill levy, Alcorn County receives directly one mill for projects of a local nature. This is usually "seed" money which makes possible the expenditure of matching or greater sums of Federal funds. The 1-1/2 mills remaining State ad valorem tax which goes into funds for District-wide use makes possible the local sponsorship and provides the "seed" money for such projects as the Yellow Creek Port, the Tennessee-Tombigbee Waterway, and various Corps of Engineers flood control projects. While it is true that Alcorn County has not yet shared in the Corps of Engineers flood control projects, it may do so in the future. Certainly, Alcorn County will reap far more benefits from the Yellow Creek Port and the Tennessee-Tombigbee Waterway than most member Counties, and it is only fair that some State ad valorem taxes from Alcorn County be diverted to this project. The statements contained in this memorandum are based on facts which can be documented and most of which are matters of public record. Any elected official or responsible citizen of Alcorn County is cordially invited to visit the offices of the District, to discuss any questions pertaining to the affairs

9

EXHIBIT 2 - 9


of the District, and to examine any records or documents of the District, including those referred to and relied on in this memorandum.

10

EXHIBIT 2 - 10


1.3OLUTIOE

WhEREAS, the Mississippi Legislature has ne:opted the enabling legislation for the creation of the Tombigbee '1 -Liver Valley water Management District from' counties through which the Tombigbee River or any of its tributaries lie, said legislation being House bill No. 179, Laws of the 1962 iegular Session which was amended by House bill 55 at the Second Extraordinary Cession of 1962; and nEii.EAS, this enabling statute provided that Boards of Supervisors of each county through which the Tombigbee

or any of its trioutaries

lie may adopt a resolution favorable or unfavorable no creating said District; and . WHREAS, the board of Su ,oervisors of Alcorn County, feels that the creation of the Tombi'gbee River Valley Water Management District as provided in the enablirw; legislation will produce many bone--

1 i ts to the people of the entire Tombigbee Watershed Area ;through proper development, management, and ,ilir2,ation of the natural resources of the area; ,pf

NOW: THEFULL,

HT ,

-.,;12LVI.,D, by thc Coors of

Supervisors of Alcorn County, duly assdmbled on this the llth day of January, 1963, that we unanimously r , :!cond . and enthusiastically endorse the creation 3.

EL IT 1. ;uaTpE: 1 :w3,,,Lv],,,p, that certified cosies Lriis rolution be I' -ur:11L:he ,.] to ti. 1

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EXHIBIT 4 —

• "

• •• • '•

•• "

'

• •


V.ZS:SS:PF: DEPARTMENT OF :US :CE E i. PATTER:

T..T 4 Tr7n

Av-ro:Qt.c.Y

DISTRICTS

Tob -.:uary 16, 1965

Tho:apoon• Pound Exccutivo Sccrctary aivcr,Volloy Walter Disnrict P. O. Ba:. 015 Tu2clo, Dcar

Po-nd:

_ . . • • . This will acknowled3o racciot of your - incuiry datod Ii*eo -:uary12 19 6- 5, as follows:• • . • .

.

.

.

,

.

D I "' "-oco-c " " - b _future and arc tavins to brns all our files in ovcry u?-to-ciato. to show. that w. c havo a 1c3al.district co=pzisin3 to counties. "1%7.7,

lczal point has bec-n raisod c.s to A/corn County bain3 pa= of our '& 7 orot. would likc to call your attontion to the, No 179, nos, la, Scocion of 1962, 2'.= .. .ndod "Ley Zill No. 55, Sccond ftc:..4ordinary Sco ✓ ion of 1962 ond No',Ise Bill No. 703 Scocion 02 1964, Soct -7 0n 4. 'A'/ o -f= tho • acts and 6cacio of thc bo=ds of ourvizors of Alcorn, Itawn17.5, Lac, Lowne_os, :, :onroc, Pontotoc, ..-rcatics and c.2ishoclinzo in rozard to 1 ., oco.7.in3 part -lcipatf_nc, counti. .Ln tho Zo :Tb:2-, Toco aivor Valley Wat-r Distzict, undoo -..:ity of Onaptcr 224, arlondcd, and al of oublic,acts and c:cado of tho "ooar,f., o' d 4 rcc c. ors of said --c approvoc, 4.4

• .

EXHIBIT 5 -

.

,

.

I

.

. .

.. .


bra "

1:9'.1,:;,9); A ,

.71ebrue.:_y 16 1935 -" and the. Le3islatura hereby ,1/4.assne ToZ1/4)ibee River Valley Water Mana-ement l, :striet is duly createdorc:an.t.sed and =istinc :, us arm or aL;cncy and bocy politic and corporate o' the State of 1, lississip2i, and is vested with all of the powers now or heretofore enacted relatin to said district.' if

41 1

you please

ma your 1c2 . al op 49-,4 ini onn ont.ais point?" .,. r

J . The undersined has ezami ned the oriinal act and all amendments nereto authorizins the ectablicl ,, :ent lo -.' the "P ombiLTheca aiveValley Water l':anazement District, and is familiar with the statutory Iii and the acts and deeds of the Doards of S',117)=1r2-00::C of the several counties that are recuired to be particioctinz, counties of the District, and have =a:lined the District's minutes' of April 17, 1963, held in Tuoelo, :::icsiscippi, also. Dy virtue of . the forerio'r' , -1,,., -.-c.1 ,.. (--'e-tion ,... 4 of House Dill No. 793 (C .: .---..0 ‘.. -- 251) 7 Laws of the 1964 Resular Session, it-is the opinion of this o'cce '- h-t Acorn orn County is as I-. -„uch a per of your District as any other counties, althoush certain iDlleS of the statutes vary tvith counties w which are partially in the Tombizfoee River Watershed Area. -

With kindest personal rezards'I ra=ain Your very truly, JUA 'I' 1--> A; ri -.. .4-. --,' n....S7 CA: .. •

,. rl.rr.`,)!Nir 4.'I. .1. 0 4

0.7'7,.V .-" ' A

By Assistant Attorney General DH3:mh cc J. C. Whitehead, Jr. • President, Tombi3bee River Valley Water Xanacment D 4 S=iCL c/o Bank of Tupelo Tupelo MissIssippi

EXHIBIT 5 - 1

i


Cr THE

ARMY

v,11.8iLE DIST8187, CGRPS OF ENGINEERS P.C. GOX 0280 ALABWA 06801 TD

9 July 1969

SAE:IN-PP

Mr. Thompson Pound Executive Director

Tombigbee River Valley Water Management District P. O. Box 915 Tupelo, Mississippi 38801

Dear Mr. Pound: Reference is made to your letter of 24 June 1969 relative to the location of Alcorn County, Mississippi with respect to river basin. The Tombigbee River basin map shown on Plate No. 1 of the report contained in House Document, No. 167, 84th Congress was based on early county maps of the area with no delineation of the topography. This basin map, as with those prepared for our other reports, indicate in a general manner the extent and configuration of the river basin; it was not intended to establish details relating to drainage limits in a specific area. U. S. Geological Survey quadrangle maps of the area with the topography delineated which were prepared later indicate that the Tombigbee basin extends northward virtually to the Alcorn County line at the State Route 364 crossing. On this basis, all drainage from Alcorn County appears to be to the Tennessee River and other Mississippi River tributaries. Only • a detailed physical survey:to locate the exact county boundary and define details of the topography could determine if any drainage from Alcorn County enters the Tombigbee Rtver basin. Sincerely yours,

ROBERT E. SNETZER COL, Corps of ]n neers District Engineer

EXHIBIT 6 — 1


A TT A C!.IME.1,\T.T. NO. 4 r

C

juTic: 0.1- 'Ficz. oz, TirE AT-roi-n:NifX GENE fLVI, E n* ail NT 0

JACKSON 30203 Jo:. 7.

A f.. 17,12. 7 ANT AT

(.7J 1r: N

C",(:NC I 7AL

t/LiC, A7,

D7.

G ClArILAAID LYILLL.JR.

. June 3, 1968 WILL

Yi ii ST A. SS1:STANT

NCWCOMI=1. WILLIAM A. ALLAIN ...d0,11- 4 C. r.'101,1E r ■ CNN C:TT

W. D. CO -L_Cm ,o, cpuy r. ..CDC•CFc.:• ❑ CN H. WALLEY '

B. jowl es Pre:iident Tomigbea River . Valley Water Management District. 2. 0. Box 915 Tupelo, Mississippi 38801

Dear Mr. Foulkes: have your letter of May 4, 1968, addressed to the writer, along with your letter of May 16 delivered to Mr. Delos Burks of this office, both of which go primarily to requesting an opinion from this office as to the constitutionality of Senate Bill No. 2112, now pending in the Kouse of Representatives before the current 1968 Regular Session of the Mississippi Legislature, said bill having as its purpose to remove Alcorn County from the Tombigbee River Valley Water Management District, as well as to relieve 'Alcorn County from the payment of any obligations that may have been incurred by said County by

virtue of being a member of said District. In your letter of May 4 you further request an opinion as to the icgality of outstanding obligations that have been incurred by the Tombigbee River Valley Water Management District Board of Directors.

FranIcly, w see no reason for this office to pass judgment, by way of opinion, as to the legality of outstanding obligations incurred by the District to date, inasmuch as the incurring or such obligations has not been questioned, and it is to be presumed that the Board acted within its authority in incurring same. both of your requests of May 4 and May 23 arc, primarily, requests for an opinion as Co the constitutionality of said pending Senate. Bill ico. 2112. Section 3834, Mississippi Code of 1942, requires this office to render an officil opinion in writin7?, then. 7:equested in writing, to ,:ictica'Lly all public officials, including "the lc,:is1L.,..:ure, or either house thereof, or any committee thereof,", on any question of law per taining to'the duties of their respective of ices, and said section

EXHIBIT 7 -- 1


PAGE -2A trA aim ENT NO 4

Mr. B. H. Fowlkes Tupelo, Mississippi

-2-

June 3, 1968

further provides that an opinion shall be rendered by this office to • "no otherS'.'. Therefore, 1 aLra sure you can appreciate the position in which this office finds itself when an opinion is, requested on the constitutionality of an act pending before the Legislature by an official other than the Legislature or the committee before which the bill is pending. •

It has been the policy of the Attorney General's Office for many years prior to the time the writer became Attorney General and during the time the writer has been Attorney General to be very reluctant to render an opinion to the effect that a bill pending in the Legislature is'violative of the Constitution, even to the Legislature or a committee thereof. The reason for this is, first, the Legislature is not bound in any way whatsoever by an opinion from this office in the consideration of a bill pending before it and, second, our State Supreme Court has held many times that it is presumed that the Legislature takes into consideration the constitutionality of an act at the time of its passage. Our Supreme Court, in construing the constitutionality of acts of the Legislature, has invariably held that it is reluctant to d'e'clare an -act of the Legislature unconstitutional if there is any reasonable way that the act can be reconciled with the Constitution. Therefore, if the Supreme Court of our State is reluctant to declare acts of the. Legislature unconstitutional, then certainly the Attorney General should be. After much research, I am unable to find any authority directly on the question presented, that is, the constitutionality of an act similar to said Senate Bill No. 2112. The nearest approach I find to the subject are decisions of the Supreme Court of Mississippi with reference to drainage districts•created under laws similar to the act authorizing the creation of the Tombigbee River Valley Water Management District. It appears from the records that all counties now constituting the Tombigbee River Valley Water Management District became a part of said District in accordance with the law authorizing the creation of same, Al- • corn County being one of those counties.

EXHIBIT 7 - 2


Y.

PAGE -3ATTACENENT NO. 4

H. Fowlkes Tupelo,-Mississippi

June 3, 1968

-3-

As heretofore stated, laws authorizing the creation of drainage districts are very similar to the act authorizing the creation of the Tombigbee'RiVer Valley Water Management District, except that the landowners desiring to form a drainage district petitioned the chancery court to authorize the creation of the district, and the Supreme Court of Mississippi has held in several cases that once a drainage district has been created in accordance with law, that the chancery court approving the creation of said district cannot later release a landowner's lands from the district as originally created. In the case at hand,•Alcorn County is certainly a part of the district created pursuant to the act authorizing the same, and as such is obligated for its pro rata share of• expense and obligations created by the District in accordance with the speme of financing provided in the act. The act authorizing the creation of the Tombigbee River Valley Water Management•District makes no provision for a county,, having become a part of the District in accordance with the act, to withdraw from same. Therefore, the only question presented is whether or not -the Legislature may remove Alcorn County from the District and relieve said County from any further obligations created by . said District,.in the manner set forth in said Senate Bill 'No. 2112 now pending in the Legislature. Therefore, in the light of such limited authority as I have been able to find, the most that 1 can say,with reference to the pending act, Senate Bill No. 2112, is that its constitutionality appears to be doubtful; however, such doubt can only be resolved first, by the Legislature in the consideration of'said act, and finally, by the courts in the event said act is passed and the constitutionality of. same is. attacked therein; Very truly yours,

JTP/hs

Pattdrson orney General

EXHIBIT 7 - 3


A RESOLUTION OF THE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, FURTHER IMPLEMENTING HOUSE BILL NO. 179, LAWS OF MISSISSIPPI, 1962, REGULAR SESSION, AS AMENDED BY HOUSE BILL NO. 55, LAWS OF MISSISSIPPI, 1962, SECOND EXTRAORDINARY SESSION,' REGARDING THE CREATION OF THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY LEVYING AN AD VALOREM TAX OF ONE-HALF MILL ON ALL TAXABLE PROPERTY IN ALCORN COUNTY UNDER THE TERMS AND CONDITIONS OF SAID LAWS AND THE PRIOR RESOLUTION OF THIS BOARD ON JUNE , 1969. WHEREAS, on the

— day of June, 1969, the Board of

Supervisors of Alcorn County, Mississippi, in regular session, considered and adopted that certain Resolution styled "RESOLUTION DECLARING INTENTION OF BOARD OF SUPERVISORS TO LEVY ONE-HALF MILL TAX TO PROVIDE ADDITIONAL FUNDS FOR THE PLANNING, UNDERTAKING, COMPLETION AND MAINTENANCE OF SPECIAL WORKS AND CONSTRUCTION PROJECTS THAT WILL BENEFIT THE AREA IN ALCORN COUNTY, MISSISSIPPI", which Resolution appears of record in Book - 4-3

at Page

&-171

of the

minutes of said Board and which is hereby made a part of this Resolution and incorporated herein by reference the same as if copied at length herein; and WHEREAS, said Resolution was published in The Daily Corinthian, a newspaper published in Alcorn County and having a general circulation in Alcorn County, on the dates of

23,

1e/4,1

and ,Ju le

--16044

3,00 (965

1 and

WHEREAS, this Board again duly assembled in regular session

on this date finds, determines and adjudicates that no petition or protest to%the proposed tax levy has been filed and no petition or request for the calling of an election on the proposition of whether or not Alcorn County shall levy for the support of said Diszrict an ad valorem tax of one-half mill on all the taxable property of this county commencing on Monday, July 7, 1969, or at any time within a

Exhibit 8 - 1


two-year period thereafter has been made to or filed with this Board; and WHEREAS, by Resolution adopted at the regular meeting of the Board of Directors of the Tombigbee River Valley Water Management District on July 24, 1969, said District voted to act as the sponsoring agent for the proposed construction of a multiple purpose flood prevention and recreational development in the Tuscumbia River Watershed, Dam Site No. 8, on Clear Creek in Alcorn County, Mississippi,' south of U. S. Highway No. 72 East as a Project of a Local Nature, subject only to the levy of the aforesaid tax of onehalf mill by this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Alcorn County, Mississippi, that the Board, acting on what it deems to be the best interest of the citizens of this county for the purposes of conservation, recreation, water control, water utilization, agriculture and economic ddvelopment and related purposes, does hereby order that the aforesaid levy of one-half mill ad valorem tax on all property in Alcorn County be and the same hereby is made, pursuant to said Statutes and the proceedings of this Board, within the time and manner provided by law. The funds derived from the aforesaid levy shall be delivered to the depository ofthe Tombigbee River Valley Water Management District pursuant to the provisions of Section 8 of House Bill No. 55 of the Second Extraordinary Session, Mississippi Legislature, 1962. IT IS FURTHER ORDERED that the Clerk of the Board submit a certified copy of this Resolution to the Secretary of the Tombigbee River Valley Water Management District.


The foregoing Resolution having been first introduced by Mr.

/ 'h /• Ae,*_,,,VOri,

who moved its adoption, was read and con-

sidered paragraph by paragraph and then as a whole. The motion was

lac

seconded by Mr.

, and upon a roll call vote, those

voting "Yes" were:

A

kid4

.5.

See // 4.0d7.11

/Qref-i

D. C. Aid2 14 • s

Those voting "No" were:

A majority of the Board having voted in favor of the foregoing Resolution, the President declared that the motion passed, I./ and the Resolution was adopted this, the day of August, 1969.

ATE OF Alcorn County

W. 0 POTTS, JR., Clerk of Ole Cnonccry Court soici, clo hereby and County a forc, correct copy of the orn,inoi the sam .D nn pecr; 01 record in my

Given Lind.-:r rny hand arld..saal )

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-- .

H' —• •


TAX COLLECTIONS FROM TRVWMD MEMBER COUNTIES AS OF JUNE 30, 1973

COUNTY ALCORN

FISCAL YEAR RECEIVED

1/2 MILL LOCAL TAX

Prior to July 1, 1965

-

2 MILLS STATE TAX $

$

24,960.22

1966

50.00

26,443.80

26,493.80

1967

50.00

28,151.22

28,201.22

1968

50.00

29,569.90

29,619.90

1969

50.00

32,666.79

32 716.79

1970

50.00

33,596.16

33,646.16

1971

21,663.98

34,005.13

55,669.11

1972

8,487.82

42,665.92

51,153.74

40,253.00

40,253.00

$ 292,312.14

$ 322,713.94

1973 $ CHICKASAW

24,960.22

TOTAL TAX RECEIVED

30,401.80

Prior to July 1, 1965 1966

-

-

-

1967

-

-

-

1968

-

-

-

1969

$

5,390.20

$

15,658.65

$

21,048.85

1970

5,861.57

17,432.06

23,293.63

1971

5,990.24

17,918.08

23,908.32

1972

6,326.66

21,375.55

27,702.21

1973

7,783.01

22,380.06

30,163.07

94,764.40

$ 126,116.08

$

31,351.68

EXHIBIT 10 -1-

$


TAX 째ALEGI-IONS FROM TRWID MEMBER COUNTIES AS OF JUNE 30, 1973

COUNTY CLAY

FISCAL. YEAR RECEIVED

1/2 MILL LOCAL TAX

TOTAL TAX RECEIVED

Prior to July 1, 1965

5,977.04

$ 18,374.71

$ 24,351.75

1966

6,601.87

19,601.77

26,203.64

1967

6,923.16

20,951.62

27,874.78

1968

6,754.77

22,582.66

29,337.43

1969

8,086.44

22,743.25

30,829.69

1970

7,109.32

25,192.12

32,301.44

1971

7,845.02

27,184.41

35,029.43

1972

8,152.82

25 006.69

33,159.51

1973

8,615.59

29,273.62

37,889.21

66,066.03

210,910.85

$ 276,976.88

$

ITAWAMBA

2 MILLS STATE TAX

Prior to July 1, 1965

3,512.05 '.$

9,842.63

$

13,354.68

1966

4,011.70

11,517.44

15,529.14

1967

4,788.95

12,878.15

17,667.10

1968

4,779.29 -

13,686.54

18,465.83

1969

5,547.49

15,578.99

21,126.48

1970

5,620.78

15,746.03

21,366.81

1971

5,760.45

16,019.18

21,779.63

1972

5,886.73

16,104.71

21,991.44

1973

6,540.18

18,708.04

25,248.22

46,447.62

$ 130,081.71

$ 176,529.33

$

EXHIBIT 10 -2-


TAX COLLECTIONS FROM TRVWMD MEMBER COUNTIES AS OF JUNE 30, 1973 COUNTY

FISCAL YEAR RECEIVED

KEMPER

Prior to July 1, 1965

3,858.86

1966

4,386.91

1967

1/2 MILL LOCAL TAX

$

11,442.89

TOTAL TAX RECEIVED

$

15,301.75

13,025.57

17,412.48

4,527.91

13,171.08

17,698.99

1968

4,646.59

13,708.24

18,354.83

1969

5,022.03

14,566.53

19,588.56

1970

4,865.22

14,758.66

19,623.88

1971

4,967.64

14,874.84

19,842.48

1972

5,178.19

15,484.85

20,663.04

1973

5,621.74

16,647.19

22,268.93

43,075.09

$ 127,679.85

$ 170,754.94

$

$

$

LEE

2 MILLS STATE TAX

Prior to July 1, 1965

-

-

55,698.34

55,698.34

1966

16,182.68

46,564.62

62,747.30

1967

17,289.87

51,119.36

68,409.23

1968

18,388.57

54,345.53

72,734.10

1969

21,716,58

60,769.82

82,486.40

1970

22,335.59

65,807.72

88,143.31

1971

24,186.57

69,951.44

94,138.01

1972

22,246.76

78,587.34

100,834.10

1973

28,628.03

84,130.48

112,758.51

$ 170,974.65

$ 566,974.65

$ 737,949.30

EXHIBIT 10 -3-


TAX COLLECTIONS FROM TRVWMD MEMBER a)UNTIES AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

LOWND ES

Prior to July 1, 1965

MONROE

1/2 MILL LOCAL TAX

$

12,094.71

2 MILLS STATE TAX

$

50,216.69

TOTAL TAX RECEIVED

$

62,311.40

1966

18,385.14

.53,691.62

72,076.76

1967

19,417.90

60,587.47

80,005.37

1968

20,060.42

64,065.51

84,125.93

1969

21,525.27

69,695.98

91,221.25

1970

22,185.96

70,942.46

93,128.42

1971

23,036.14

74,545.56

97,581.70

1972

13,489.26

93.908.93

107,398.19

1973

13,077.69

99,231.44

112,309.13

$

163,272.49

$ 636,885.66

$ 800,158.15

$

11,308.54

$

$

Prior to July 1, 1965

33,308.54

44,617.08

1966

10,819.39

35,608.89

46,428.28

1967

11,899.81

39,129.63

51,029.44

1968

12,130.04

41,913.86

54,043.90

1969

12,737.67

43,601.07

56,338.74

1970

13,358.55

45,850.92

59,209.47

1971

13,530.56

47.474.41

61,004.97

1972

14,332.16

50,971.78

65,303.94

1973

15,678.07

56,163.98

71,842.05

115,794.79

$ 394,023.08

$ 509,817.87

$

EXHIBIT 10 -4-


TAX COLLECTIONS FROM TRVMMD MEMBER COUNTIES

AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

NOXUBEE

Prior to July 1, 1965

2 MILLS STATE TAX

TOTAL TAX RECEIVED

.11

1966

-

-

1967

-

-

1968

-

-

1969

-

-

1970

PONTOTOC

1/2 MILL LOCAL TAX

$

$

6,622.77

20,272.49

-

$

26,895.26

1971

6,784.46

20,896.06

27,680.52

1972

7,274.66

22,028.59

29,303.25

1.973

7,624.11

24,108.10

31,732.21 $ 115,611.24

$ 28,306.00

$

87,305.24

Prior to July 1, 1965

2,079.53

$

9,659.16

1966

2,321.56

10,764.83

13,086.39

1967

4,366.92

11,509.75

15,876.67

1968

4,722.70

12,401.89

17,124.59

1969

5,350.15

14,211.46

19,561.61

1970

5,702.65

15,024.40

20,727.05

1971

6,340.56

15,948.32

22,288.88

1972

6,179.70

16,618.87

22,798.57

1973

6,616.50

18,368.23

24,984.73

$ 43,680.27

$ 124,506.91

$ 168,187.18

$

11,738.69

-

EXHIBIT 10 -5-


TAX COLLECTIONS FROM TRVWMD MEMBER OJUNTIES AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

PRENTISS

Prior to July 1, 1965

1,640.82

1966

2,323.45

10,418.16

12,741.61

1967

2,414.68

11,456.16

13,870.84

1968

2,588.81

12,329.47

14,918.28

1969

3,051.88

14,930.67

17,982.55

1970

5,762.57

15,107.72

20,870.29

1971

5,937.24

15,895.82

21,833.06

1972

6,264.09

17,275.17

23,539.26

1973

6,561.02

18,142.15

24,703.17

$

36,544.56

$ 125,190.84

$ 161,735.40

$

3,512.62

$

$

TISHOMINGO

Prior to July 1, 1965

1/2 MILL LOCAL TAX

2 MILLS STATE TAX

$

9,635.52

8,832.68

TOTAL TAX RECEIVED

_

$

11,276.34

12,345.30

1966

3,450.18

10,026.11

13,476.29

1967

3,590.17

10,837.43

14,427.60

1968

3,510.19

10,678.43

14,188.62

1969

3,919.52

11,318.21

15,237.73

1970

4,393.52

12,169.49

16,563.01

1971

4,539.53

13,133.59

17,673.12

1972

4,616.81

14,292.83

18,909.64

1973

5,091.16

15,020.31

20,111.47

36,623.70

$ 106,309.08

$ 142,932.78

$

EXHIBIT 10 -6-


EXHIBIT 11 - 1


.

_.

.

.

• .'

;

;

;

r_).2

to

con 17iL11


CY7 rri,y-7 ■

^:--7-rm-rr•r:7 r:‘7. f'!(-:717:

ry.:72) '.^.,71-77.rn

7

r1:7-1

pr,77+

P-

7

(VT). 7) 74)

OY

C177.2- : SOU77 0 7 Nn o 72 7.:_;Ar,.T, 7DAM SITE 007.=7

:TT2T),,

r. • 7-, rT

7727:7":

77.'T A' - I9 7'1

iI •

[: 1

TZ77777AZ, -Tt 17,0,:!n to a.ro(:to]:.-c tho 7a1 1 e: *te^:oo o-r-e2-nt:T:v a of a Nature, the propos:Tt -'n of L':-)on-o , a -)'17rknof..z Ploo Tntion and 200 -r-oatonc)1 -fl.evoTt„ 3cur.bia 7..TatcrL 17o, P, in Paco',-n Coc.nty, East, 1 200 ac - e2 in nr) 1-7 s =liC(") r' flood pool s 200 acl-os rerreatThnn1. ctc„ to be u.3,2k7. as :7,1-.b".ie for citie J1in of Corth, Alcorn Count„ (,

'7:711=AS, the Ena-d of ("u7-1'vi201-E; .into --e:: in thiand better ronrcatioll -7ac -7-.'t -'os for

rco-r. t:

Trr 2)anJ, nf of Alca -.7:1 County, MissiEc -Tnp'. - ecord Fined _ v en ar:fi 7.0croatie-ir-, the Tueuffeia Ever nam Site ,T(-). in :.leunn County, KIs:L;:1-2:pni, 2outll o' U, a::3t, 72 1.12,_;:p the .1_) -T rc,;or,5 n? norlbi-boc Dititr ., ct to considel . ::vel.,)ent a a Project of a Local Natun--,. m

i'dopted at the regular July, 1969 : term of tl Supelors Alcol, n County, or o rub ne Fth of 1969.

AMMT70M.

EXHIBIT 12 - 1

1


A RESOLUTION OF THE BOARD OP DIRECTORS OF THE TOYBICDEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPROVING TEE PROPOSED FLOOD PREVENTION AND

RECREATIONAL DEVELOPMENT' IN TuE TUSCUMBIA RIVER WATERSHED DAM SITE NO. S ON CLEAR CREEK IN ALCORN COUNTY, MISSISSIPPI, AND AGREEING TO SPONSOR SAME AS A PROJECT OF A LOCAL NATURE.

WHEREAS, the Board of Supervisors of Alcorn County, Mississippi, in regular meeting on July 8, 1969, adopted and has submitted to this Board of Directors the following Resolution: "A RESOLUTION OF THE BOARD OF SUPERVISORS

OF ALCORN COUNTY, MISSISSIPPI, ENDORSING THE PROPOSED MULTIPLE PURPOSE FLOOD PREVENTION AND RECREATIONAL DEVELOPMENT LOCATED IN THE TUSCUMBIA RIVER WATERSHED ON CLEAR CREEK SOUTH OF U.

S. HIGHWAY

NO. 72 EAST, DAM SITE NO. 8 IN ALCORN COUNTY. WHEREAS, it has been brought to our attention that the Directors of the Tombigbee River Valley Water Management District are presently considering, as a Project of a Local Nature, the proposition of sponsoring a multiple purpose Flood Prevention and Recreational Development, in the Tuscumbia River Watershed, Dam Site No. 8, on Clear Creek, in Alcorn County, Mississippi, south of U. S. Highway No. 72, East, 1200 acres in the development, consisting of approximately 600 acres in permanent water, 400 acres in a temporary flood pool, 200 acres dry recreationalâ&#x20AC;˘area for picnics, camping and etc., to be used as public recreation for citizens of Corinth, Alcorn County, and surrounding area. WHEREAS, the Board of Supervisors of Alcorn County, Mississippi is interested in this development to provide more and better recreational facilities for this area. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Alcorn County, Mississippi does hereby go on record endorsing. the proposed Flood Prevention and Recreational Development in the Tuscumbia River Watershed, Dam Site No. 8, on Clear Creek, in Alcorn County, Mississippi, south of U. S. Highway No. 72 East, and urge the Directors of the Tombigbee River Valley Water Management District to consider sponsoring this Development as a Project of a Local Nature. Adouted at the regular July, 1969, term of the Board of Supervisors of Alcorn County, Mississippi, on this the 8th day of July, 1969." S/ S.

ATTEST:

D. Avers PRESIDENT

S/ W. 0_ Potts, Jr CHANCERY CLERK

(SEAL) EXHIBIT 13

-

1


AND WHEREAS,

the Board of SUpervisors of Alcorn County

adopted a Resolution on June 6, 1969, declaring the intention of said Board to levy an an valore';a tax of one-half mill on all taxable property in Alcorn County under the provisions of House Bill No. 179, Laws of Mississippi, 1962 Regular Session as Amended, and to thereby make Alcorn County a fully participating County of said District; and WHEREAS, said Resolution has been published as required by law, and no protest of said tax or petition for an election on the question of levying said tax has been filed, and said Board of Supervisors has expressed its intention to proceed forthwith with the levy of said tax; and WHEREAS,

this Board of Directors now finds, dete.oLines and

adjudicates that the proposed Development at Dam Site No. 8 on Clear Creek is feasible and is in the best interest of the District and of Alcorn County and that this Board may legally endorse same and act as the sponsoring agency of said project and pledge funds from the District in support thereof in an amount not to exceed funds allocated to Alcorn

County for projects of a Local Nature in the amount of $620,251,

less the pro rata share of the funds obligated for the operation of the proposed Yellow Creek Port Project. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Tombigbee River Valley Water Management District that the request of the Board of Supervisors of Alcorn County, Mississippi as contained in the above quoted Resolution be and the same is hereby grantedand approved and that this District act as the sponsoring agency for said project and pledge funds in support thereof as required, not to exceed funds allocated to Alcorn County for Projects of a Local Nature in the amount of $620,251, less the pro rata share of the funds obligated for the operations of the Proposed Yellow Creek Port Project, subject only to the condition that the Board of Supervisors of Alcorn County proceed forthwith to levy an ad valorem tax of one-half mill on all taxable EXHIBIT 13 - 2


property in said county and to daposit the funds derived from said levy in the depository of this District. The foregoing Resolution having been first reduced to writing, was considered paragraph by paragraph and then as a whole. A motion was made to adopt the foregoing Resolution by mx. C.R. Caviness Allen

, which motion was duly seconded by Mr.

Paul

Upon the question being put to a roll call vote,

all Directors present voted, "Aye". Whereupon, the President declared that the motion had carried and the Resolution was adopted on this the 24th day of July, 1969. -

ATTEST:

(

CT:aRLES R. CAVINESS SECRETARY-TREASURER

r

B. H. FOWLKES, PRESIDENT


e.

BEFORE THE MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD JACKSON, MISSISSIPPI

IN THE MATTER OF THE ACQUISITION, ESTABLISHMENT, DEVELOPMENT AND OPERATION OF A STATE OWNED PORT UNDER THE STATE INLAND PORTS ACT ON YELLOW CREEK IN TISHOMINGO COUNTY, MISSISSIPPI.

APPLICATION

Tombigbee River Valley Water Management District, a master water management district and agency of the State of Mississippi, hereinafter called "District", makes this application to the Mississippi Agricultural and Industrial Board for the acquisition, establishment, development, operation and support of a state port or harbor project on Yellow" Creek, all in accordance with House Bill 503 of the Regular 1968 Session of the Mississippi Legislature, hereinafter called "Act", and in support of this Application respectfully shows unto

the Board the following: 1)

District is a master water management district

created by act of the Legislature, is an agency of the State of Mississippi, and is a master water management district within the meaning of the Act and other applicable statutes of the State of Mississippi. 2)

The proposed state owned port or harbor project

to be situated on Yellow Creek, adjacent to Pickwick Lake, is situated in Tishomingo County, Mississippi. Tishomingo County is joined by the counties of Alcorn,'Prentiss and Itawamba. Each of the four said counties, acting by and through its Board of Supervisors, after considering the provisions of

Exhibit /4 - 1


the aforesaid Act, has declined to levy a tax as provided by said Act for the purpose of buying the bonds contemplated by said Act and deficits which might occur in the operation of the port as required by said Act, and each of said counties has on the contrary, adopted a Resolution specifically authorizing and requesting the District to act as an authorized agency within the meaning of said Act and to enter into a contract with the Board to underwrite any deficits incurred from the operation of the port, obligations incurred by the Board for the port authority, or obligations in connection with any bonds issued pursuant to said Act. Certified copies of the Resolution of the Board of Supervisors of Tishomingo, Alcorn, Prentiss and Itawamba Counties are annexed hereto marked Exhibits A, B. C and D, respectively. 3)

The District has adequate fund and resources

to provide adequate security to protect the state's investment in the event this application should be approved and the state should undertake the proposed port or harbor project as a state owned port. 4) A tentative plan for the improvement, operation, development and expansion of such port or harbor has been worked out by representatives of District and Tennessee valley Authority, an agency of the United States Government, hereinafter called "TVA". Said plan has been reduced to writing in the form of a proposed contract to be entered into among District, the Board and TVA, a copy of which is annexed hereto marked Exhibit E.

--2-


5) The proposed plan referred to in the foregoing paragraph has been found to be practicable and feasible and in the public interest by TVA and by Mississippi State University. Copies of the analysis and report on the feasibility by TVA and Mississippi State University are on file with the Board. Said reports show that the port or harbor can be operated economically under state ownership and that the revenues therefrom will be sufficient over a period of time to make the project self-liquidating. WHEREFORE, The District respectfully makes this application for a state owned port or harbor project on Yellow Creek as aforesaid and prays as follows: 1) That the Board accept this application made pursuant to the provisions of Section Seven of the Act and proceed to cause an independent determination and appraisal to be made of the proposed project and the aforesaid analysis and survey, all on file with the Board. 2)

That the Board refer this matter to the Com-

mission of Budgeting and Accounting for a joint determination by the Board and the said Commission of Budgeting and Accounting, that under the proposed plan the District has adequate security and that adequate security has been furnished to protect the state's investment. 3) That if the Board find and determine that the aforesaid plan is practical and feasible and in the public interest and that the project can be operated economically under state ownership and that the revenues will be sufficient over a period of time to make ownership and operation by the state self-liquidating, that the Board will then negotiate


with the District and TVA for the acquisition by the State of such port or harbor in general conformity with the aforesaid plan. 4) That the Board modify the proposed plan and impose such terms or conditions as it deems necessary to protect the interest of the State and that the plan as finally agreed upon, be reduced to writing in contract form, approved by the Commission of Budgeting and Accounting and executed by District and Board and submitted to TVA for approval and execution. 5) That the Board take such other further and additional action as may be necessary or appropriate to

-=

ref.â&#x20AC;&#x201D; o= t o

==^-ztd

plan of de7eiczment, and a , rsement in connection therewith among the parties and to do ail other things necessary and

proper under the provisions of the aforesaid Act to acquire, establish, develop and operate a state owned port or harbor on Yellow Creek in Tishomingo County as aforesaid under the provisions of the said Act and in accordance with the plan and agreement as finally agreed upon by the parties.

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

President ATTEST: /-

/

// ti( /

Secretary

7'


6A'

4

4,

,

r

â&#x20AC;˘.

RESOLUTION OF THE BOARD OF SUPERVISORS OF TISHOMINGO COUNTY, MISSISSIPPI, REQUESTING THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT TO ACT AS THE AUTHORIZED AGENCY UNDER THE PROVISIONS OF HOUSE BILL 503 AS ENACTED BY THE REGULAR 1968 SESSION OF THE MISSISSIPPI LEGISLATURE TO CONTRACT FOR THE ACQUISITION, DEVELOPMENT AND OPERATION OF A STATEOWNED INLAND PORT ON YELLOW CREEK IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAID DISTRICT IN CONNECTION THEREWITH. 1

WHEREAS, House Hill 503 as enacted by the Regular 1968 Session of the Mississippi Legislature (hereinafter called the "Act") provides for the acquisition, development and operation of state-owned inland ports within the State of Mississippi, all as set out by the provisions of said Act; and WHEREAS, this County under the terms of said Act is empowered to co-operate and contract with other Counties and agencies for the acquisition, development and operation of

a state-owned inland port on Yellow Creek in Tishomingo County, Mississippi; and WHEREAS, neither Tishomingo County, where said Port is located, nor the,adjoining Counties of Alcorn, Itawamba 'and Prentiss has levied the two (2) mill tax provided by said Act and neither of said Counties has entered into any contract with any governmental agency as provided in said Act, but on the contrary, each and all of said Counties have declined to levy said tax and to enter into a Contract as the authorized agency to contract for the acquisition, development and operation of said port; and WHEREAS, each of said Counties, acting by and through

its Board of Supervisors, has agreed to request the Tombigbee River Valley Water Management District to act as the'authorized

EXHIBIT "A"

Exhibit 14 - 5


agency to contract for the acquisition, development and operation of a state-owned port on Yellow Creek in Tishomingo County, Mississippi. NOW, THEREFORE, - BE IT RESOLVED by the Board of Super( visors in Regular Session assembled as follows: Section 1. That the Board of Supervisors, acting for and on behalf of said County, has and does now decline to levy the tax of two (2) mills authorized by the Act, and to join with other of said Counties to contract with other governmental agencies for the acquisition, development and operation of said state-owned inland port on Yellow Creek. Section 2.

That the Board of Supervisors,

acting for

and on behalf of said County, has and does now join with other , of said Counties in requesting the Tombigbee River Valley Water

Management District to act as the authorized agency under the Act, and to contract with the necessary governmental agencies for the acquisition, development and operation of said stateowned inland port on Yellow creek. Section 3. That the President and Clerk of this Board be and they hereby are authorized and directed to execute for and on behalf of said County, a Contract by said Counties as Parties of the First Part and the Tombigbee River Valley Water Management District as Party of the Second Part, which Contract

shall be in substantially the following form, to wit: -

Exhibit 14 - 6


CONTRACT

This Contract made and entered into by and between the COUNTIES OF TISHOMINGO, ALCORN, PRENTISS and ITAWAMBA, MISSISSIPPI, acting by and through their respective Boards of

Supervisors, hereinafter referred to as "Counties", Parties of the First Part; and TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, an agency of the State of Mississippi, hereinafter

referred to as "District", Party of the Second Part, WITNESSETH:

WHEREAS, the parties hereto desire to co-operate with the Tennessee Valley Authority and the State of Mississippi, acting through the Mississippi Agricultural and Industrial Board, in the acquisition, development and operation of a stateowned inland port on Yellow Creek in Tishomingo County pursuant to the -provisions of House Bill 503 as enacted by the Regular 1968 Session of the mississippi'Legislature (hereinafter referred to as "Act"); and

WHEREAS, Counties and each of them have declined to levy a tax of two (2) mills and have adopted Resolutions declining to enter into a contract for the acquisition, development and

operation of the proposed state-owned inland port under the provisions ofâ&#x20AC;˘Section 6 of the Act, but Counties and each of them

have requested District to act as the authorized agency under the Act and to enter into a Contract with the Tennessee . Valley Authority and the Mississippi Agricultural and Industrial Board for the acquisition, development and operation of said state-owned inland port pursuant to the provisions of said Act, underwriting the opera: tion of the Port and obligations incurred . by said Board; and


WHEREAS, District is willing to enter into the afore-

said Contract at the request of Counties and to undertake therein , theobligansrquedbythAc,sujetohrmsand,/ conditions of this Contract. NOW, THEREFORE, in consideration of the premises, the Parties agree as follOws:

1) counties agree that in making the appointments to the Inland State Port Authority' pursuant to the provisions of the aforesaid Act, each County will appoint as its member to said Port Authority, initially and whenever a vacancy occurs, so long as District is underwriting the operational expenses and bonds of said Port, a person who is also a member of the Board of Directors of the Tombigbee River Valley Water Management District. 2) Counties will construct or with the aid of the Mississippi Highway Department cause to be constructed, the necessary

access roads to the proposed Port site and access roads

to the industrial land to be acquired in connection therewith. 1 Each County will bear the expense'of such roads located within it t boundaries provided, however, no County shall be required to expend from its own funds more than $50,000.00 for such'roads. 3) The County of Tishomingo agrees to send a minimum

of five County employees to an approved Port to be designated by the Tennessee Valley Authority to learn the procedure of loading and unloading barge cargo and to pay the salary and

(

expenses of such personnel through training. Thereafter, services

of such personnel will be made available to the Port as needed, and when their services are not required at the Port, they will be employed elsewhere by Tishomingo county. Salary and expenses

E xhibit 14


of such County employees after the aforesaid training period will be prorated between the County and the Port in proportion to the time their services are required by the Port. 4) This Contract may be executed in counterpart and shall become effective when it has been executed by all parties hereto. IN WITNESS WHEREOF, the Parties havew-caused this Contract to be executed on this, the 4th day of November, 1968. "

tt r .....

TISHOMINGO COUNTY, MISSISSIPPI

:

BY

4

• ATTEST:f

• .4

ALCORN COUNTY, MISSISSIPPI BY President

ATTEST: ,

Clerk ITAWAMBA COUNTY, MISSISSIPPI BY President

ATTEST:

PRENTISS COUNTY, MISSISSIPPI BY President

ATTEST:

clerk TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY ATTEST:

.

Secretary

Exhibit 14 - 9


Section 4. That this Resolution Shall loe effective from this date, and the foregoing contract effective when executed by all parties thereto. 1/2

44.

moved the adoption of

Supervisor

the foregoing Resolution, which motion was seconded by SuperVisor

, and the same having been put to a roll call vote, section by section, and as a whole, the result was as follows: Supervisor Supervisor Supervisor Supervisor Supervisor Whereupon the President declared the motion carried

and the Resolution adopted, this, the 1e„,44 day of November, 1968.

Predident

STATE OF MISSISSMPI Tishomingo County I, Robert D. Sims, Clerk of the Chancery Court of said County do hereby certify that the foregoing instrument contains a true and complete copy of 7:(7's`--1

as same appears &record or on file in Book 3 , Pace of the records or Tishomingo County, Mississippi Given under my band and seat this.,4,,,day of 19 6

'9- 5

3

e a Chaucer)/ Court of Iisliomingi) Wady, Mississippi

Exhibit 14 - 10

e.vrowni,


RESOLUTION OF THE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, REQUESTING THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT TO ACT AS THE AUTHORIZED AGENCY UNDER THE PROVISIONS OF HOUSE BILL 503 AS ENACTED BY THE REGULAR 1968 SESSION OF THE MISSISSIPPI LEGISLATURE TO CONTRACT FOR THE ACQUISITION, DEVELOPMENT AND OPERATION OF A STATEOWNED INLAND PORT ON YELLOW CREEK IN TISHOMINGO

COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAID DISTRICT IN CONNECTION THEREWITH;

WHEREAS, House Bill 503 as enacted by the Regular 1968 Session of the Mississippi Legislature (hereinafter called the "Act") provides for the acquisition, development and operation of state-owned inland ports within the State of Mississippi, all as set out by the provisions of said Act; and WHEREAS, this County under the terms of said Act is empowered to co-operate and contract with other Counties and agencies for the acquisition, development and operation of a state-owned inland port on Yellow Creek in Tishomingo County, Mississippi; and WHEREAS, neither Tishomingo County, where said Port is located, nor the adjoining Counties of Alcorn, Itawamba and Prentiss has levied the two (2) mill tax provided by said Act and neither of said Counties has entered into any contract with any governmental agency as provided in said Act, but on the contrary, each and all of said counties have declined to levy said tax and to enter into a Contract as the authorized agency to contract for the acquisition, development and operation of said port; and WHEREAS, each of said Counties, acting by and through its Board of Supervisors, has agreed to request the Tombigbee River Valley Water Management District to act as the'authorized

tivurTnym nmu

Exhibit 14 - 11


agency to contract for the acquisition, development and operation of a state-owned port on Yellow Creek in Tishomingo County, Mississippi. NOW, THEREFORE, - BE IT RESOLVED by the Board of Supervisors in Regular Session assembled as follows: Section 1. That the Board of Supervisors, acting for

.

째 and on behalf of said County, has and does now decline to levy : the tax of two (2) mills authorized by the Act, and to join with other of said Counties to contract with other governmental agencies for the acquisition, development and operation of said state-owned inland port on Yellow Creek. Section 2. That the Board of Supervisors, acting for and on behalf of said county, has and does now join with other of said Counties in requesting the Tombigbee River Valley Water: Management District to act as the authorized agency under the Act, and to contract with the necessary governmental agencies for the acquisition, development and operation of said stateowned inland port on Yellow Creek. Section 3. That the President and Clerk of this Board be and they hereby are authorized and directed to execute for and on behalf of said County, a Contract by said Counties as Parties of the First Part and the Tombigbee River Valley Water Management District as Party of the Second Part, which Contract shall be in substantially the following form, to-wit:

Exhibit 14 - 12


sow

CONTRACT This Contract made and entered into by and between ' the COUNTIES OF TISHOMINGO, ALCORN, PRENTISS and ITAWAMBA, MISSISSIPPI, acting by and through their respective Boards of Supervisors, hereinafter referred to as "Counties", Parties of the First Part; and TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, an agency of the State of Mississippi, hereinafter referred to as "District", Party of the Second Part, WITNESSETH: WHEREAS, the parties hereto desire to co-operate with the Tennessee Valley Authority and the State of Mississippi, acting through the Mississippi Agricultural and Industrial Board, in the acquisition, development and operation of a stateowned inland port on Yellow Creek in Tishomingo County pursuant to the provisions of House Bill 503 as enacted by the Regular 1968 Session of the Mississippi . Legislature (hereinafter referred

to as "Act"); and WHEREAS, Counties and each of them have declined to levy a tax of two (2) mills and have adopted Resolutions declining to enter into a contract for the acquisition, development and operation of the proposed state-owned inland port under the provisions of Section 6 of the Act, but Counties and each of them

have requested District to act as the authorized agency under the Act and to enter into a Contract with the Tennessee Valley Authority and the Mississippi Agricultural and Industrial Board for the acquisition, development and operation of said state-owned inland port pursuant to the provisions of said Act, underwriting the operation of the Port and obligations incurred by said Board; and


â&#x20AC;˘

WHEREAS, District is willing to enter into the aforesaid Contract at the request of Counties and to undertake therein the obligations required by the Act, subject to the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the premises,

the .

Parties agree as follows: 1) Counties agree that in making the appointments to the Inland State Port Authority pursuant to the provisions of the aforesaid Act, each County will appoint as its member to said Port Authority, initially and whenever a vacancy occurs, so long as District is underwriting the operational expenses and bonds of said Port, a person who is also a member of the Board of Directors of the Tombigbee River Valley Water Management District. 2) Counties will construct or with the aid of the Mississippi Highway Department cause to be constructed, the necessary access roads to the proposed Port site and access roads to the industrial land to be acquired in connection therewith. Each County will bear the expense of such roads located within its boundaries provided, however, no. County shall be required to expend from its own funds more than $50,000.00 for such roads. 3) The County of Tishomingo agrees to send a minimum of five County employees to an approved Port to be designated by the Tennessee Valley Authority to learn the procedure of loading and unloading barge cargo and to pay the salary and expenses of such personnel through training. Thereafter, services of such personnel will be made available to the Port as needed, and when their services are not required at the Port, they will

be employed elsewhere by Tishomingo County.

Exhibit 14 - 14

Salary and expenses


of such County employees after the aforesaid training period will be prorated between the County and the Port in proportion to the time their services are required by the Port. 4) This Contract may be executed in counterpart and shall become effective when it has been executed by all parties hereto. IN WITNESS WHEREOF, the Parties have caused this Contract to be executed on this, the 4th day of November, 1968. TISHOMINGO COUNTY, MISSISSIPPI BY President ATTEST: Clerk ALCORN COUNTY, MISSISSIPPI BY

President

ATTEST: Clerk

ITAWAMBA COUNTY, MISSISSIPPI BY

President

ATTEST: Clerk

PRENTISS COUNTY, MISSISSIPPI BY

President

ATTEST: Clerk

TOMBIGBEE RIVER VALLEY WATER

MANAGEMENT DISTRICT BY President

ATTEST: Secretary

Exhibit 14 - 15


â&#x20AC;˘

â&#x20AC;˘

Section 4. That this Resolution shall be effective from this date, and the foregoing contract effective when executed by all parties thereto. Supervisor H. Lo Denton

moved the adoption of

the foregoing Resolution, which motion was seconded by Supervisor Scott M. Honnoll

, and the same having been put to a roll

call vote, section by section, and as a whole, the result was as follows: Supervisor Supervisor Supervisor Supervisor Supervisor

H. L. T. A. Scott S. D. D. C.

Denton Little M. Honnoll Ayers Mathis

voted aye.

Whereupon the President declared the motion carried and the Resolution adopted, this, the 4th day of November, 1968.

S. D. AYerel President

W. 0. Potts Jr.,.. Clerk

ATE OF

illssissiprt

Alcorn County 0. POTTS, JR., Cleric of the Chancery Court in and for the State W. is a true and and County aforesaid, do hereby certify that the for.:: foing as correct copy of the original of said instrument, as fully and completely the some appears of record in my office.

Given under my hand and seal this J/Vt , day of

19_0

Chancery Clerit,,

Exhibit 14 -- 16


Fj

RESOLUTION OF THE BOARD OF SUPERVISORS OF PRENTISS COUNTY, MISSISSIPPI, REQUESTING THE TOMBIGBEE RIVER VAYLEY WATER MANAGEMENT DISTRICT TO ACT AS THE AUTHORIZED AGENCY UNDER THE PROVISIONS OF HOUSE BILL 503 AS ENACTED BY THE REGULAR 1968 SESSION OF THE MISSISSIPPI LEGISLATURE TO CONTRACT FOR THE ACQUISITION, DEVELOPMENT AND'OPERATION OF A STATEOWNED INLAND PORT ON YELLOW CREEK IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT

WITH SAID DISTRICT IN CONNECTION THEREWITH. '

WHEREAS, House Bill 503 as enacted by the Regular 1968 Session of the Mississippi Legislature (hereinafter called the "Act") provides for the acquisition, development and operation of state-owned inland ports within the State of Mississippi, all as set out by the provisions of said Act; and WHEREAS, this County under the terms of said Act is

empowered to co-operate and contract with other Counties and agencies for the acquisition, development and operation of a state-owned inland port on Yellow Creek in Tishomingo County,' Mississippi; and WHEREAS, neither Tishomingo County, where said Port ! is located, nor the. adjoining Counties of Alcorn, Itawamba 'and ..

Prentiss has levied the'two (2) mill tax provided by said Act and neither of said counties has entered into any contract with any governmental agency as provided in said Act, but on the contrary, each and all of said Counties have declined to levy said tax and to enter into a Contract as the authorized ag7 to contract for the acquisition, development and operation of said port; and WHEREAS, each of said Counties, acting by and through • 1 its Board of Supervisors, has agreed to request the Tombigbee River Valley.Water Management District to•act as the'authorized

EXHIBIT "C 44 '

Exhibit 14 - 17

r'r 7


agency to contract for the acquisition, development and operation of a state-owned port on Ybllow Creek in Tishomingo County, Mississippi. NOW, THEREFORE 'BE IT RESOLVED by the Board of Supervisors in Regular Session assembled as follows: Section 1. That the Board of Supervisors, acting for and on behalf of said County, has and does now decline to levy the tax of two (2) mills authorized by the Act, and to join with' other of said Counties to contract with other governmental agencies for the acquisition, development and operation of said state-owned inland port on.Yellow Creek. Section 2. That the Board of Supervisors, acting for and on behalf of said county, has and does now join with other of said Counties in requesting the Tombigbee River Valley Water Management District to act as the authorized agency under the Act, and to contract with the necessary governmental agencies , ! for the acquisition, development and operation of said stateowned inland port on Yellow Creek. Section '3. That the President and Clerk of this Board be and they hereby are authorized and directed to execute for and on behalf of said county, a Contract by said Counties as Partis of the First Part and the Tombigbee River Valley Water Management District as Party of the Second Part, which Contract shall be in substantially the following form, I to-wit:

I

Exhibit 14 - 18


CONTRACT This Contract made and entered into by and between the COUNTIES OF TISHOMINGO, ALCO1N, PRENTISS and ITAWAMBA, MISSISSIPPI, acting by and through their respective Boards of

Supervisors, hereinafter referred to as "Counties", Parties of the First Part; and TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, an agency of the State of Mississippi, hereinafter referred to as "District", Party of the Second Part, WITNESSETH: WHEREAS, the parties hereto desire to co-operate with the Tennessee Valley Authority and the State of Mississippi, acting through the Mississippi Agricultural and Industrial Board, in the acquisition, development and operation of a stat owned inland port on Yellow Creek in Tishomingo County pursuant to tbe'provisions of House Bill 503 as enacted by the Regular 1968 Session of the Mississippiâ&#x20AC;˘Legislature (hereinafter referred to as °Act"); and WHEREAS, Counties and each of them have declined to 'levy a tax of two (2) mills and have adopted Resolutions declining to enter into a contract for the acquisition, development and operation of the proposed state-owned inland port under the provisions of Section 6 of the Act, but Counties and each of them have requested District to act as the, authorized agency under the Act and to enter into a Contract with the Tennessee Valley Authority and the Mississippi Agricultural and Industrial Board for the acquisition, development and operation of said state-owned inland port pursuant to the provisions of said Act, underwriting the operation of the Port and ;: obligations incurred by said Board; and

Ex

hibit 14 - 19


WHEREAS, District is willing to enter into the aforesaid Contract at the request of Counties and to undertake therein the obligations required by the Act, subject to the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the premises, the

Parties agree as follows: ••

Counties agree that in making the appointments to the Inland State Port Authority pursuant to the provisions of

the aforesaid Act, each County will appoint as its member to said Port Authority, initially and whenever a vacancy occurs, so long as District is underwriting the operational expenses and bonds of said Port, a person who is also a member of the Board of Directors of the Tombigbee River Valley Water Management District. 2) Counties will construct or with the aid of the Mississ,ippi Highway Department cause to be constructed, the necessary access roads to the proposed Port site and access roads if

to the industrial land to be acquired in connection therewith. Each County will bear the expense of such roads located within its boundaries provided, however, no County shall be required to expend from its own funds more than $50,000.00 for such roads. 3) The County of Tishomingo agrees to send a minimum ,//

of five County employees to an approved Port to be designate by the Tennessee Valley Authority to learn the procedure o loading and unloading barge cargo and to pay the salary and expenses of such personnel through training.

Thereafter, services

of such personnel will be made available to the Port as needed, and when their services ae.notrequired at the Port, they will be employed elsewhere by l'ishomingo County. Salary and expenses

Exbibi_t 14 20


of such. County employees after the aforesaid training period will be prorated between the County and the Port in proportion to the time their services are required by the Port. 4) This Contract may be executed incounterpart and shall become effective when it has been executed by all parties hereto. IN WITNESS WHEREOF, the Parties have. ,caused this Contract to be executed on this, the 4th day of November, 1968. TISHOMINGO COUNTY, MISSISSIPPI BY President ATTEST:

ALCORN COUNTY, MISSISSIPPI President

ATTEST: ,

ITAWAMBA COUNTY, MISSISSIPPI President

PRENTISS COUNTY, MISSISSIPPI' BY

f t •

President

ATT$T •

•- • -..!r,i-,.. . ;, -1.

',.•1i-

. , 4...

-1. . 1',..•:.:t , , .

'" P

.,-

')

r (7,, .. i;.4 -.1i

-v-' TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT President

Secretary

Exhibit 14 - 21


Section 4. That this Resolution shall be effective from this date, and the foregoing contract effective when executed by all parties thereto. Supervisor W. V. Horn

moved the adoption of

the foregoing Resolution, which motion was seconded by Supervisor Sam Jumper

, and the same having been put to a roll on&

call vote, section by section, and as a whole, the result was as follows: Supervisor Supervisor Supervisor Supervisor Supervisor

Bobby Tidwell Sam Jumper Charles M. Gordon Ross Pharr I W. V. Horn

voted aye.

Whereupon the President declared the motion carried and the Resolution adopted, this, the

day of November,

1968.

STATE OF MISSISSIPPI COUNTY OF PRENTISS I, GENE â&#x20AC;˘ GRAY, Chancery Clerk for said state and county do hereby certify that the foregoing is a true and correct copy of same as it appears of record in this office. -- day of /I iven under my hand and seal of office, this the

Chancery Clerk

Exhibit 14 - 22


RESOLUTION OF THE BOARD OF SUPERVISORS OF ITAwAMBA COUNTY, MISSISSIPPI, REQUESTING THE TOMBIGBEE RIVER, VALLEY WATER MANAGEMENT DISTRICT.TO ACT AS THE ' AUTHORIZED AGENCY UNDER THE PROVISIONS OF HOUSE BILL 503 AS ENACTED BY THE REGULAR 1968 SESSION OF THE MISSISSIPPI LEGISLATURE TO CONTRACT FOR THE ACQUISITION, DEVELOPMENT AND OPERATION OF A STATE-7: OWNED INLAND PORT ON YELLOW CREEK . IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SA - DISTRICT IN CONNECTIONTHEREWITH.

WHEREAS, House Bill 503 as enacted by the Regular 1968 Session of the Mississippi Legislature (hereinafter called the "Act") provides for the acquisition, development and operation of state-owned inland ports within the State of Mississippi, all as set out by the previsions of said Act; and WHEREAS, this County under the terms of said Act is empowered to co-operate and contract with other Counties and agencies for the acquisition, development and operation o a state-owned inland port on Yellow Creek in Tishomingo couhty Mississippi; and WHEREAS, neither TishomingolCounty, where said Port

is located, nor the., adjoining bounties of Alcorn, Itawamba 'and Prentiss has levied the two (2) mill tax provided by said Act

and neither of said Counties has entered into any contract with any governmental agency as provided in said Act, but on the contrary, each and all of,naid Counties have declined to levy

said tax and to enter into a contract'as the authorized agency to contract for the acquisition; development and operation of said port; and WHEREAS, each of said Counties, acting by and through its Board of Supervisors, has agreed to request the Tombigbee

River Valley Water Management Di i trict to act as the'authorized

EXHIBIT "Di Exhibit 14 - 22


••

r

agency to contract:for the : acquisition development and operati8n of a state-owned port on YelloW Creek in Tishomingo County, Mississippi. „.^ NOW

TpEREPORE,;,BE IT RESOLVED by the Board of Super-

visors . in , Regular, Session, assembled as', f011owe; Section 1. That the Board of supervisors, acting Aw

and on behalf of'said County, has and does now decline . to

,

.

the tax of two (2) mills authorized bythe Act, and to loin with

,

. .

.

, .

other of said Counties to ,contract with othergovernmental agencies for the acquisition,' drvelopment and operation of said state-owned inland port on Yellow Creek. Section 2. That the Board of Supervisors, acting for

and on behalf of said County, Wis and does now join with other, rt

of said . Counties ln requesting the Tombigbee River Valley Water 1

Management District to act as the authorized agency under the Act, and to contract with .the necessary governmental agencies

. ., . for the acquisition, development and operation of said stateowned inland fort, on yelloW Creek. Section'" 3.

.

1:

. ..

,

That the President and Clerk of this Board . .:

be and they hereby are authorized and directed to execute for and on behalf of ,said County, .a Contract by said Counties as ,

Parties of the First Part and the Tombigbee, River Valley Water

i

i•.

Management District as Party of the Second Part which Contract shall be in substantially the following form, to-wita ''\

Exhibit 14 - 24

• .

,

.4. •


This Contract made and entered into by and between the

COUNTIES OF TISHOMINGO, ALCORN, PRENTISS and ITAWAMBA,

MISSISSIPPI, acting by and through, their respective Boards pf Supervisors, hereinafter referred " to as "counties", Parties of the First Part; and TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, an agency of the State of Miesiseippi, hereinafter referred to as "District", Party of the Second Part,

WITNESSETHI ,

WHEREAS, the parties hereto desire to co-operate

with the Tennesse valley Authority and the State of Mississippi {

acting through the Mississippi Agricultural and Industrial Board, in the acquisition,' development i and operation of a state-

owned inlnd port on Yellow C;eqk in Tishomingo County pursuant to the Trpvisions of House Bill 563 as ,enacted by the Regular, 1968 Session of the Mississippi'Legislature (hereinafter referred )

to as "Act'); and WHEREAS, Counties and each of them have declined to

levy a tax of two (2) mills and have adopted Resolutions declining to enter into a contract for the acquisition, development and , operation of the proposed state-owned inland port under the

i

provisions of Section 6 of the Act, but Counties and each of them 1 have requested District to act as the authorized agency under the Act and to enter, into a Contract with the Tennessee Valley Authority

â&#x20AC;˘ and the Missiesippi Agricultural and Industrial Board fok the

acquisition v development and operation Of:said state-owned inland port, pursuant to, the provisions of said ACt,:underwriting the operation of the Port and obligations incurred'by said Board; and

Exhibit 14 - 25


1 WHEREAS, Dintrict is willing , to ener into the aforesaid contract at the requenl of Counties and to undertake therein. the obligations required by the Acit, subject1 . to the terms and 0 conditions of thin Contract, â&#x20AC;˘ r.

NOW, THEREFORE, in consideration of . the premises, the Parties agree an follows: el* r

1)

Counties agree that in making the appointments to

the Inland state Port Authority purnuant to thelprovioions of ! the aforesaid Act, each County will appoint as its member to said Port Authority, initially and whenever a vacancy occurs, so long as District in underwriting the operational expenses and

bonds pf said Port, a person who in alSo A member of the Board of Directors of the Tombigbee River Valley Water Management 'Distriot. 2) counties will construct or with the aid of the Mississippi Highway Department cause to be constructed, the necessary access roads to the propoaediPort site and access roads to the industrial land to be =cquired in connection therewith.

Each County will bear the expense of such . roads located within its boundaries provided, however, no County shall he required to expend from its own funds more than 00,000,0 for ouch roads, 3) The county of Tinhomingo agrees to send a minimum o f five County employees to an approved Port to be designated

by the Tennessee Valley Authority to learn the procedure of loading and unloading barge cargo and to pay, the salary and expensss of such personnel through training. Thereafter, services of such personnel will be made available to the Port as needed, and when their services are not required at the Port, they will be employed elsewhere by Tishomingo county,

Exhibit 14 - 26

.Salary and expenses


of such county employees after the aforesaid training period will be prorated between the County andithe Port in proportion to the time their serviaeT are requiredby the Port, 4) This Contract may be executed in counterpart and Phall become effective when it hAs been executed by all parties hereto„ IN WITNESS WBERAW. the Par t ied have,,,caused this Contract to be execmted on this, the 401 day of NOvember, 1968.

TIOHOMINa0 COUNT1, MISSISSIPPI BY

1

President A'IVES

1 ALCORN COUNTY MISSISSIPPI

BY President

ATTEST; Clerk

ITAWAMBPi COUNTY, MISSISSIPPI

PRENTISS COUNTY tl OY

President

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT',DISTRICT

President

ATTEST* .

Exhibit 14

-

27


• Section 4.

That this Resolution shall be effective , 1 from this date, and the foregoing contract effective when executed by all parties thereto, Supervisor Hoyt Banter

moved the adoption of

the foregoing Resolution, which motion was seconded by supervisor Willie McFerrin

and the same Slaving been put to

roll

call vote, section .by/ seotion, and an a whole, the result was j Aft f040144; superviaor Supervisor Supervisor Supervisor Superviior

voted voted voted voted ' voted

H. G. Franka Willie McFerrin Rendea 6 101 104-ing Cecil Cody • Hoyt Banter

aye. n ye

aye aye aye

Whereupon the president declared the motion carried and lthe Resolution adopted, this ! the

1,96

,

'da y of November,

41.1110.0.111.611•11.komm..=

president

STATE OF MISSISSIPPI Itawamba Cointy ' 1, ARCHIE CATES, Chancery Clerk in and for aforesaid state and county, do hereby certify that the within foregoing is a true and correct,= 22 , ccr=,_a --n • , strum nt in riAing 17 ,qs21 X. Scr4tart-eiz.(41/40,-.A.4.e...,:yetid,-...)10 .(...0 ,

as . apriear of record' in the records of this office in ook.....,...SC 1 ,pitge 454 45,' .x.1 .,, , Given , 4er #y hand and seal tl}ihthe , -

-

,,. , .t

,,

.,„

day o ,.

4- ---

/

A. . Al

Arie ,o,

of

d 4 .•

)00

• i

CHIE

. han

.• • ;

r

' .. ' ' '7

19611°' " Z.

1

,

-

•• .01

I.

Exhibit 14 - 28

Ale

1

4.1e

le

TEp


â&#x20AC;˘

DRA2T 2-5-69

AGREEMENT Among MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD, TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, And

TENNESSEE VALLEY AUTHORITY

THIS AG " Dr I

made and entered into as of the

day of

, 1969, by and between the STATE OF MISSISSIPPI (hereL

inafter called "State"), acting by and through its duly authorized agency, the MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD (hereinafter called "Board") (which term shall include any agency or organization hereinafter succeeding to the.powers and duties of Board), and TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, an agency of the State of Mississippi (hereinafter called "District"), and the TENNESSEE VALLEY AUTHORITY, an agent and instrumentality of the United States (hereinafter called "TVA"); W I T N E S S E T H: WHEREAS, TVA, Board, and District, together with other state and local agencies, are engaged in cooperative programs to improve the economic and social conditions in northeast Mississippi by stimulating industrial development in the area; and WHEREAS, in carrying out these programs a need has been demonstrated for a public port facility and industrial development area

EXHIBIT "E"

Exhibit 14 -- 29


â&#x20AC;˘ which will provide economic barge and rail transportation for existing industries, make land available for the development of new industries, and serve as a barge and cargo transfer point for traffic using the

Tennessee-Tombigbee Waterway when that project is completed; and WHEREAS, the State Inland Ports Act, being House Bill 503 of the Regular 1968 Session of the Mississippi Legislature (hereinafter. called "Act"), authorizes Board. and District to participate in the

development of such a port facility and industrial development area; and WHEREAS, the parties wish.to cooperate in the planning, acquisition, financing, construction, and operation of such an inland port and industrial development area on Yellow Creek in Tishomingo County, Mississippi (hereinafter sometimes referred to as the "Port Project"); NOW, THE SORE, in consideration of the premises and the covenants hereinafter set forth, the parties hereto agree as follows:

I

RECITALS The parties recite that plans for the acquisition, financing, construction, and operation of the Port Project, together with a petition and a.proPosal for participation by Board and the State of Mississippi in its development, have been identified and filed with the Board. Board has examined these documents and proposals submitted to it and has caused an independent determination and appraisal of the plans to be made, the

results of which have been identified and filed. On the basis of these

2

Exhibit 14 â&#x20AC;&#x201D; 30


plans and findings, Board is of the opinion and so finds that the plans for the development of the Port Project are practicable and feasible and

in the,public interest and that the revenues therefrom will be sufficient over a period of time to make the project self-liquidating. The parties. further recite that Tishomingo County, where the proposed port will be located, and the three adjoining counties of Alcorn, Prentiss, and Itawamba, by resolution of their Boards of Supervisors, copies of which have been filed with Board, have declined to levy a tax of two mills and act as contracting agency for the Port Project as pro- .

6 of the Act, and have requested District to act as videfornsct contracting agency and to underwrite the project under the provisions of said Act. The parties further recite and Board so finds that on the basis of an independent determination and appraisal by an independent engineer, the anticipated revenues from the Port Project combined with the pledge of District to underwrite any deficits are sufficient to service a bond issue in an amount adequate to provide for the financial participation as pro-

vided for herein in the project by the State of Mississippi. The parties further recite and Board so finds that the security

provided. by District is adequate to protect the State's investment in the development of the Port Project and that the Commission of Budget and Accounting is so convinced and has so determined that said security is adequate.

Exhibit 14 - 31

3


II DEVELOPNINT OF THE PROJECT The Port Project is to be a jointly financed federal, state, and local project in the total amount of approximately $6,915,000. It will consist of a public barge terminal and transfer facilities built on land owned by the United States and in TVA's custody on the Yellow Creek embayment of Pidkwick Reservoir, together with facilities for handling and 'warehousing general cargo. That portion of the project to be built on TVA's land is hereinafter sometimes referred to as "terminal." Access to the tei.minnl will be provided by a railroad spur connecting with the Southern Railway'main line and by highways connecting with State Route 25. As part of the Port Project, approXimately 2,000 acres or more of land located along the railroad spur will be acquired by Board and sold for industrial.develop, ment purposes. In addition, it is contemplated that certain lands inAhe immediate vicinity of the terminal now in TVA's custody will be made avail, able for industrial development. The obligations of the parties with respect to the development of the project .are as. follows: .A. TVA will: (1) Design and construct the terminal facilities consisting of a dock-and mooring cells, dredged channel, and steel and concrete warehouse substantially as shown in red on the drawing, attached hereto as Exhibit A; In connection therewith TVA will make general yard

Exhibit 14 - 32

14.


â&#x20AC;˘ improvements, including floodlighting, fencing,

and parking areas. (2) Design and construct on right-of-way to be acquired' by Board a 12-mile-long railroad spur connecting the terminal with the Southern Railway main line, as shown in green on Exhibit B. B. Board will: (1) Through issuance of negotiable bonds of the State of Mississippi or other financing methods, provide funds in the amount of $1.5 million to be used for purchase of the railroad right-of-way and approximately 2,000 . acres or-more of land at the port and along the railroad for industrial development. These property interests will be acquired in accordance with the following priority: (a) the railroad right-of-way; CO the lands marked in green on Exhibit C attached hereto; and ) if, after purchase of the aforesaid property, there is available remaining funds, such â&#x20AC;˘remainder shall be used for the purchase of additional industrial - land from among the tracts marked in red on Exhibit C until the sum of $1.5 million has been expended

.

(2) Convey by deeds in form satisfactory to TVA a perpetual easement and right-of-way for railroad


purposes to the United States of America for the railroad to be constructed by TVA. (3) Be responsible for outfitting the terminal and providing all equipment needed in its operation, either directly or through other state or local agencies.

(4).

Provide for all necessary access roads to the terminal and to industrial sites as they are developed for use,in accordance with section 8021.8 of the Mississippi Code of 1942.

C. District will: (1) Underwrite the operation of the Port Project and the sale of bonds as hereinafter. set forth. (2) Participate in the planning, promotion, and execution of the industrial development program. All obligations of TVA hereunder - are contingent upon the avail- , ability of funds for this purpose. Promptly upon execution of this agreement, if it has not already done so, TVA will request appropriations from the Congress to carry out the work set forth in section II-A above. To the extent that funds may be available to Board and District for such purposes, Board will proceed immediately with preliminary steps of property acquisition, including N mapping,' surveying, title examination, and, Where possible, the optioning of property interests to be acquired pursuant to section II-B above. Final

6 Exhibit 14 - 34


property acquisition by purchase will begin as soon as Board is notified that TVA has obtained the appropriations necessary for the design and construction of the terminal. When Board has purchased and conveyed to TVA the railroad easement provided for in section II-B above, TVA will begin actual construction of the terminal and railroad. Construction of access roads to the terminal will be coordinated with TVA's construction schedule.

III LAND ACQUISITION In order to assist Board in acquiring land and landrights which it is responsible for providing hereunder, and in order to coordinate property acquisition with TVA's design and construction requirements, TVA will make available, when and as requested, at Board's expense, technical assistance in land acquisition, includin the following: (1)

SUrveYing of property and prepaxatiqn of land

ownership maps., (2) Preparation of title abstracts and title reports. (3)

Preparation of appraisals, including the procuring of services. of outside appraisers when necessary.

(4).

Land buying' services, including the negotiation of option and sales contracts, preparation of deeds, and handling of closings.

Exhibit 14 - 35

7


liliz.â&#x20AC;&#x17E;,70132 1K

(5) Furnishing TVA personnel for use as witnesses in condemnation proceedings. For all services performed pursuant to subparagraphs (1) through (5) above, TVA will be reimbursed by Board for, its actual direct costs, plus applicable overheads. All of the above technical services will be furnished by TVA in accordance with written plans and specifications covering details of the specific work to be performed and the responsibility of each party in connection therewith which will be agreed upon in advance by Board and TVA. It is understood that, except for.TVArs furnishing witnesses as set forth in subparagraph (5) . above, Board shall be solely responsible for carryin g out any condemnation which may be required. In addition, TVA will make available to Board upon request, without cost, results of preliminary mapping, title, and appraisal work which has - heretofore been performed by TVA in connection with planning

for the project.

IV OPERATION AND MAINTENANCE After construction is complete, TVA will transfer operating control of the terminal facilities and railroad to Board, which will be responsible thereafter for its maintenance and operation as a general purpose, public-use river terminal. It is contemplated by the parties,

pursuant to the provisions of section 8 of the Act, that the terminal.

8 Exhibit 14 -- 36


shall be operated and maintained by Board acting through a State Inland Port Authority (hereinafter called "Port Authority"), which shall be solely responsible to Board.

Board shnll be fully responsible for the

activity of Port Authority and its employees, servants, and agents. Title to the railroad facilities and railroad right-of-way and. to all facilities built or constructed on' land in TVA's custody shall remain in TVA. Board will maintain said facilities in good repair according to sound business practices and perform in proper and expeditious

manner all terminal operations which may be necessary to provide adequate terminal services for all shippers,. receivers, and common carriers requesting such services. Board will establish reasonable and equitable rates and charges for these services which shall-be applied without discrimination among parties requesting such services. Board shall appoint a qualified port director who shall be responsible for management of the port and railroad facilities. The selection of the port director shall be concurred in by TVA, District, and Port Authority. In order to provide trained personnel for operation of the port, Board and District will exercise their best efforts to arrange with Tishomingo County Board of Supervisor's to send a minimum of five (5) county employees to an approved port to learn the procedure of loading and unloading barge cargo. Payment of the salaries and expenses of these personnel will be by Tishomingo County during training. Thereafter, to the extent that their services are used by Board or Port Authority, their salaries and expenses'will be paid by Board. Additional employees and

Exhibit 14 - 37

9


supervisory personnel sufficient in number to maintain, adequately and operate the port may be added from time to time, but only when in the exercise of sound business judgment such additional employees and supervisors are required.

Every effort will be made by the Parties to avoid

unnecessary overheads in the operation of the port.

V

INDUSTRIAL DEVELOPMENT ACTIVITIES Maximum utilization of the Port Project can be realized only through effective planning and development of the terminal and industrial sites. Board will be responsible for enlisting the full cooperation of agencies of the State of Mississippi and local government in this connection. TVA and District will work with the Yellow Creek Watershed Authority, the North Mississippi Industrial Development Association, and other local groups interested in industrial development to promote the

use-of the terminal and the development of new and existing industries. In this connection, the parties will agree upon a preliminary plan to guide in the development of the industrial sites along the railroad spur. In addition, TVA will prepare and make available detailed studies of

various industrial groups with potential for the area.

10

Exhibit 14 - 38


VI LAND SALE AND MANAGEMENT TVA and Board will make a physic

survey of n11 property

acquired for industrial use and a detailed plan of development for these sites will be drawn up: The sale of industrial land by Board will be at prices deemed by it to be reasonable; provided, however, that no land shall be sold for less than its appraised value without concurrence, of TVA and District. Land may be leased or rented by Board for agricultural purposes prior to, the time it is needed for project construction or industria 7 development purposes. The amount charged for the rental or lease of such land. will be no more or less than the amount charged for land of similar type and quality in Tishomingo County. In order to carry out the resource development purposes for w'nich the federal investment in the project is being made, Board agrees that, except for the temporary rental or lease of land for agricultural purposes, no land may be sold or used for any' purposes other than for project construction or industrial development pullioses without the prior written approval of TVA.

VII N

UNDERWRITING BY DISTRICT OF BONDS AND OPERATION OF PORT . District shall establish an escrow fund in an amount of $150,000 or an amount sufficient ' to pay the estimated deficit to be

Exhibit 14 - 39 11


incurred in the first three years' operation of the Port Project, whichever amount is smaller, and shall, from time to time, deposit any additional sums in said escrow account to insure that there will be on deposit in said fund at all times an amount sufficient to meet the estimated deficit from the operation of the Port Project for a period of three years and the payment of principal of all bonds maturing and interest accruing during the next l2-month period. Said funds shall, insofar as practicable, be funds which District has allocated for projects of a local nature in each of the aforesaid counties. Provided, however, that nothing in this contract shall be construed to limit or restrict in any way the unconditional guaranty of District to underwrite fully the operation of the port and/or obligations incurred by Board and the bonds to be issued by the State. Inconsideration of the action of District in underwriting the project as-aforesaid, the parties agree that District shall be reimbursed ' from the gross revenues of the Port Project for all reasonable and necessary funds which District is required to expend for engineering,

auditing, legal, and other professional services, and when all bonds have been retired for all sums' which District is called upon to pay by virtue of underwriting said project in accordance with section IX hereof.

VIII ' ISSUANCE, SALE, AND VALIDATION OF BONDS There shall be issued from time to time bonds of the State of Mississippi,. as provided in the Act, in an amount or amounts not exceeding

Exhibit 14 - 40 12


Njr

the limits now provided by law or increased limits which may hereafter .

be provided, the probeeds of which shall be used solely for the purposes. as set forth herein. Said bonds shplI be issued by the State Bond

Commission with the concurrence of the Commission of Budget and Accounting,. and upon sale the proceeds are to be-placed in a. development fund as hereinafter provided.

If the proceeds of any such issue, by error of

calculation or otherwise, shall be less than the amount necessary to meet the provisions of this contract, additional bonds in like manner may be issued to offset the deficit, subject to the limitations provided now or hereafter raised by law, and, - unless otherwise provided in the resolution authorizing the issuance of the bonds, said additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same funds provided for herein without preference or priority over the bonds firSt issued for the same purpose. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi,

shall

mature

absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as

shall

be determinedâ&#x20AC;˘by resolution of Board; provided, however, t.t7:t

such bonds shall mature.in annual installments beginning not more than

four

(14-)

years from date thereof and extending not more than thirty (30)

â&#x20AC;˘ years from date thereof.

13 Exhibit 14 â&#x20AC;&#x201D; 41


â&#x20AC;˘ The Attorney General of Mississippi shall represent the State Bond Commission in issuing, selling, and validatin the bonds herein provided for, and Board is hereby authorized to expend a sum not exceed-

ing 0_5,000 from the proceeds derived from the sale of said bonds to pay the cost of approving attorneys' fees, validating, printing, and the cost of delivery of such bonds. The bonds issued from time to time shall share ratably in the

funds pledged for retirement of bonds, and shall be entitled to payment from said funds without preference or priority as between the various

issues or series of bonds.

Ix DEVELOPYJEWT FUWD Unless otherwise provided for herein, the proceeds of the bonds, including accrued interest, shall be placed in a special fund or funds to

be known as the "Development Fund" and shall be deposited in a bank or banks duly qualified to act as county depositories, allocated in such equitable manner as provided by statute and as Board may determine. Such

depository or depositories shall qualify as such by depositing bonds or other securities in the amount and as authorized by law to secure deposits in state depositories; provided, however, that if it shall become lawful to invest said construction funds at interest, then Board may in its discretion so invest any funds on hand in United States Government

Exhibit 14 â&#x20AC;&#x201D; 42

11+


securities or other securities authorized by law until such time as said funds are needed to defray the cost of the land acquisition or other authorized purposes for which the said bonds were issued. Interest, if. any, so earned on such investments shill be paid into the Development Fund. The proceeds of such bonds shall be used by Board solely for payment of the cost of its share of the Port Project and the redeeming of outstanding bonds, such purposes to include the following: (a) The cost of acquiring the railroad right-of-way and industrial land provided for in section II-B hereof, including all engineering, surveys, appraisals, court

costs, attorneys' fees, and other necessary charges and costs incidental to acquiring said land, and including the reimbursement of District and Board for actual costs incurred in acquisition of property interests. (b) The costs incurred by Board in acquiring, constructing,

and improving the necessary access roads to the terminal, or to developed industrial land. (c) The cost of approving attorneys' fees, validating and printing of bonds and the delivery thereof, not to exceed X15 000. ,

(d) The reasonable cost of employing engineers to make any required independent determinations and appraisals by Board relating to the Port Project.

Exhibit 14 - 43

15


^u ail

J

The interest on bonds pending use of funds. The amount expended for outfitting the terminal and providing equipment needed in the operation of the port project. (g) If the proceeds of the bonds of any issue shall exceed the amount required for carrying out Board's obligations hereunder, the surplus shall be paid into the Bond and Interest Sinking Fund. The Development Fund shall be administered by Board with such restrictions as the resolution authorizing the issuance of the bonds may specifically provide.

DISPOSITION OT REVENUES It is anticipated. that Board, through proper operation and management of the terminal and' the industrial lands, will obtain sufficient revenue to meet all costs of operation, maintenance, renewals, and replacement; to meet the obligations of the bonds issued for the project; to repay the federal investment in the project; and to take an active role in industrial development in the northeast Mississippi area. In order to achieve these objectives, the parties have agreed upon the disposition of revenues from the Port Project as hereinafter set forth. The gross, receipts from the sale or lease of industrial lands, and all rents, fees, tolls, revenue, or other monies from any and all

16

Exhibit 14 - 44


. other sources or charges whatsoever prescribed, levied, and collected for the use, occupancy, or sale of any part of the industrial development land or from the use or occupancy.of any part of the terminal facilitieS, together with all tariffs, fees, tolls, and charges resulting from the operation of the.terminal and railroad, and the proceeds of all sums required to be paid by District in carrying out its obligations to underwrite the Port Project, and all monies from every source whatsoever received by Board and/or Port Authority in connection with the Port Project, are herein

defined as "gross revenue." Said gross revenue shall be deposited in-4 bank or banks qualified to act as county depositories to be selected and â&#x20AC;˘ designated from time to time by Board in an account or accounts to be known as the "Gross Revenue Fund of Yellow Creek Port.". All of said gross revenue shall be set aside exclusively for the payment of any bonds issued by the 'State for the Port Project and for the other purposes set forth in this contract, and shall not becormningledwith the funds of any other port,_harbor,,or other undertaking.

A. Disposition of'Gross Revenue Gross revenue shall be applied as follows: (1) To current expenses of operating the Port Project, â&#x20AC;˘including,but not limited to, the costs of necessary maintenance, repairs, and alterations; Salaries and wages; costs of materials and supplies; insurance; auditing; legal and professional services; and the sums required

promotion,. advertising, and expansion of said

Exhibit 14 - 45

L7


facilities under normal, reasonable, and economical management as determined and approved by Board and. WA. (2)

To current bond repayment requirements.

(3) To a reserve fund for major repairs, renewals, contingencies, and replacement of equipment, computed on the basis of - normal straight-line depreciation; and cash working capital adequate

to cover operating expenses for a-reasonable number of weeks. (4) To the sums to be paid into the State Ports Fund provided for in section XI hereof. (5). Commencing on the date upon which all bonds issued for the Port Project shall have been paid, or upon .which the amount in the Bond and Interest Sinking Find hereinafter described shall become sufficient

to amortize all outstanding bonds, there shah likewise be paid from gross revenues the following: (a) to District, an amount which at a five-year (5) annual rate would repay without interest all sums

expended by it for.underwriting payments and ex- . penses as provided for in section VII hereof; (b) to-TVA, as repayment of TVA's investment in the project and in lieu of any rental, lease, or other

18

Exhibit 14 - 46


.charges by TVA or the United States for the use of the terminal or railroad facilities, equal annual installments on July 1 of each year which shall be sufficient in amount to amortize the TVA investment as hereinafter defined within twenty-five (25)'years from the date said payments commence; provided, however, that in no year shall said payment exceed eighty percent (80%) of the gross revenues 'remaining after the requirements of subsections (1) through (5a) are met for the preceding l2-month 'period. Credit toward annual payments shall be allowed for any sums which, with TVA approval, shall have been used by Board in making major improvements or additions to the port facilities, title to which shall be transferred to the United States, or in carrying out other approved area development projects. Said annual payments shall cease when the total TVA investment shall have been paid or credited in accordance with this subsection. For purposes of this agreement, the TVA investment shall include the appraised value of all lands or land rights upon which the terminal is constructed; the actual costs of design and construction of terminal facilities and railroad, including

Exhibit 14 â&#x20AC;&#x201D; 47


applicable overheads; together with interest on the unpaid principal at the rate of four and five eighths percent (475/8%), compounded annually, said interest to commence on July 1 of the fifth year after completion of construction. In the event that Board shall elect to purchase the terminal, facilities and railroad from the United States, credit shall be given toward the purchase price for all cash repayments pursuant to this

sub-7

section which are properly allocable to principal, as well as for the reasonable value of any improvements or additions made by Board pursuant to this subsection which become the property of TVA or the United States.

B. Disposition of Net Revenue The items covered by subsections A-(1) through A-(5) above shall be lawful deductions fran gross revenues, and "net revenue" a,s hereby

defined as gross revenue of the Port Project remaining after deduction of the sums provided for in said subsections A-(1) through A-(5). Said net revenue shall be applied as follows: (1) To the sums required to be paid into the Bond and Interest Sinking Fund as provided by the resolution or.resolutions directing the issuance of bonds; (2) . To the sums required to establish and maintain the Bond Reserve Fund, if any, as may be provided by the resolution or resolutions directing the issuance of bonds;

Exhibit 14 â&#x20AC;&#x201D; 48

20


(3)

To the sum or sums required to meet the provisions of the resolution or resolutions directing the issuance of bonds with respect to redemption prior to maturity; provided, however, that if no such bonds be outstanding, then the remaining net revenue sh&fl be used by Board for the improvement, operation, advancement, development, maintenance, and advertising of the Yellow Creek Port, or other area development projects which shall have been approved by District - and TVA.

The said gross receipts shall be received and immediately deposited as provided above. The annual operating funds, defined in subsection A-(l) above, shall be administered by the Port Authority.under the direction of the Board. The reserve. funds defined in subsection A-(3) above shall be administered by Board.

- BOND AND INTERST SINKING FUND Funds for repayment of bonds and interest thereon, as required by the resolution or resolutions directing the issuance of bonds, shall be deposited in a fund to be controlled and administered by Board and to be designated, as the "Bond and Interest Sinking Fund of the Port." Said Sinking Fund shall be pledged to and charged with payment of:

Exhibit 14 - 49

21


(a) The interest on bonds issued under this contract as such interest shall - . accrue. (o) The prindipal of such bonds as the same shall become ' â&#x20AC;˘ due. (c) The necessary charges of the paying . agent or paying agents for principal and interest of and on such bonds. (d) Any premium on bonds retired by call or purchase as may be provided therein. The use and disposition of such Sinking Fund shall, in addition,

be subject to such regulations as may be provided in the resolution or resolutions directing the issuance of bonds, and subject to the provisions of the. Act.

XII â&#x20AC;˘ STATE PORTS FUND Commencing after the first year in which the revenue of the Port Project shall be sufficient -to meet the reauirements of subsectionsA(1) and A(2) of section X, there shall be paid annually a sum not to exceed $500 each year, which sum shall be paid into a separate fund in the State Treasury to be known as the State Ports Fund.

Such fund shall be used by

Board for the promotion, development, construction, improvement, expansion, maintenance, advertising, and genernI advancement of the state harbors, ports, rivers, channels and waterways, and may be expended on requisition of Board for such purposes and for such other purposes as in the opinion

Ehibit 14 - 50 22


of Board may be to the best interest of the ports, harbors, and waterways of the State, including payment of salaries of personnel of Board staff who perform duties in connection with the Port. The amount to be paid annuFfIly may be increased or decreased on • order of Board, concurred in by TVA and District. Nothing in this section of the contract shall be construed to limit the amount which Board may spend or authorize to be spent in the administration, promotion, and advertising of the Port.

XIII BREACH OR DIAULT In the event of default by Board or Port Authority of any material obligations hereunder, including default in the annual payment to TVA of the sums provided in section IX for any two (2) consecutive years, TVA may, at its option, assume custody and control of all, or any part of, the port and railroad facilities constructed hereunder and may thereafter at its option maintain and operate said facilities until conditions giving xise to the breach are corrected or, in the event of default of payment to TVA, until sufficient funds are accumulated to discharge all delinquent payments. These remedies shall be cumulative and without waiver of any other remedies provided by law.

23

Exhibit 14 - 51


â&#x20AC;˘ XYV BUD3ET AND REPORTS The Port Authority shall prepare and adopt an annual budget for the operation of the Port Project, which budget shall be subject to the approval of District, TVA, Board, and the State Commission of Budget and Accounting, and expenditures - for the operation of said Port Project shall not exceed the amount included in the budget. Said budget may be amended from time to time upon good cause shown therefor. The budget shall include adequate funds for the efficient operation of the Port Project and may provide for adequate reserves for operation, maintenance, replacement, construction, repairs, promotion, advertising, expansion and new facilities of the Port Project, and for unforeseen emergency expenditures, and such items as adopted and approved shall be-considered as reasonable expenses of port operation and maintenance. Port Authority and Board shall keep general books of accounts relating to the Port Project according to standard accounting practices. Board, or its designated agent, will conduct an annual audit of the'Looks and records of. Port Authority, the results of which shall be made available to TVA and District on request. In addition,' Port Authority shall-alloW the duly authorized agents of TVA and District to have free access at all reasonable times to all books and records relating to the operation and maintenance of the port. Port Authority shall submit annually to the District, Board, and TVA a fall report of its work and all transactions carried on by it and a

Exhzbzt 14 -â&#x20AC;˘52


complete statement of all its revenues and expenditures at such time and

in such form as may be directed by Board. Port Authority shall furnish Board and TVA monthly financial statements and such other reports and information in such form as they may require from time to time, and - so long as any bonds are outstanding shall furnish CODieS thereof to District.

XV

-

INSURANCE

For the benefit of the bondholders and other interested parties, Board will provide and maintain in full force at all times sufficient insurance, including_ fire, windstom, and extended coverage, to insure replacement of docks, bUildings, equipment, or other facilities damaged or destroyed. Board rill, in addition, carry workmen's compensation, public liability, business interruption, and other insurance as may be required by law or by the resolution or resolutions directing the issuance of bonds. Said insurance policies shall be ,in amount and form satisfactory to TVA, and. TVA and the United States shall be included as named insureds in all such policies.

XVI Di22ICIENCY TO BE PAID BY STATE The bonds issued under the provisions of this contract shall be payable first from the Bond. and Interest Sinking Fund provided for herein

Exhibit 14 -- 53

25


Yr,

â&#x20AC;˘ and next by District from any funds available to it. They shall be general obligations of the State of Mississippi backed by the fall faith and credit of the State, and if the funds available to Board and District shall

be insufficient to pay fully at maturity any installment of principal

or interest or both on

said bonds, then the deficiency shall be paid by

the State Treasurer from any funds in the State Treasury not then otherwise appropriated, and all such bonds shall contain recitals on their face substantially covering the

foregoing provisions.

XVII .

POLLUTION

Board and Port Authority will not use or permit the use of the land on

which the terminal facility is built for any purpose that will

result in of any

the draining or dumping into Yellow Crock or Pickwick Reservoir

refuse, sewage, .or other material which in the judgment of TVA or

the State Air and Water Pollution Control Commission would degrade water quality to an extent , that would be incompatible with the public interest.

XVIII POLITICAL ACTIVITY No employee of Port Authority shall take an

active part in

partisan political management or in any partisan political campaign; provided, however, that this provision does not prohibit political activity in connection with:

Exhibit 14 - 54

26


1-;

A.

An election and the 'oreceding campaign if none of the candidates is to be nominated or elected at that election as representing a party any of whose candi-

dates for presidential elector received votes in the last preceding election at which presidential electors were selected; or B.

A matter which is not specifically identified with a

national or state political party such as questions relating to constitutional amendments, referendums approval of municipal ordinances, and others of a similar character. This section is not intended to, and does not,affect the r_ght of Port Authority employees to vote as they choose and to expre0 their opinion on political subjects and candidates.

XIX

COMPLIANCE WITH CIVIL RIGHTS ACT Board and Port Authority agree to comply with title VI of the Civil Rights Act of 1964 and part 302 of chapter II in title 18 of the .Code of Federal Regulations in conducting its programs and in its employment practices.

27 Exhibit 14 — 55


• RESTRICTION OF BENEFITS No director, agent, or employee of TVA, Board, District, or Port Authority shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom, but this provision shall not

be construed to extend to a corboration contracting for its general. benefit. • rn AKENDENTS The terms and conditions of this contract may be amended or changed by Ritual consent of Board, District, and TVA except as other-

wise specifically provided in the resolution or resolutions authorizing the issuance of bonds. IN WITNESS WHTEOF, the parties hereto have executed this day of

instrument in counterpart on this the

,

MISSISSIPPI AGRICULTURAL AND

Attest:

ENDUSTRIAL BOARD By

(Title)

(Title) Attest:

TENNESSEE VALLEY AUTHORITY

By

Assistant Secretary Attest:

-

Nine)

TOMBIGBED, RIVER VALLEY WATER MANAGE= DISTRICT

(Title)

Exhibit 14- 56

(Title


REsoLuTI212,211LIELILIpmmEE

RIVER VALLEY WATER

MANAGEMENT DISTRICT TO FUND A PROJECT 07 A LOCAL NATURE ON BEHALF OF ALCORN COUNTY

WHEREAS, the Board of Supervisors of Alcorn County, Mississippi, finds and determines the following: (a) By a resolution adopted the 6th day of June, 1969, recorded in Minute Book 43 at pages 169-179, this Board declared its intention to levy a special tax in the amount of one-half mill on all of the taxable property within Alcorn County, Mississippi, to provide additional funds to the Tombigbee River Valley Water Management District for the planning, undertaking, completing and maintenance of special works, projects of a local nature, and construction projects in Alcorn County, Mississippi, which are part of the long range development of the Tombigbee River Valley Water Management District. (b) Pursuant to the provisions of this resolution, no qualified electors of Alcorn County, Mississippi having filed any written objections within the time allowed by law, this Board proceeded to levy such one-half mill tax at the same time that the regular tax levies were adopted on September 4, 1969, and each year thereafter through 1972. (c) All taxes collected pursuant to this levy have been paid

CD

the Iombigbee River Valley Water Management District to

be used for the purposes specified; and to date a relatively small amount of these taxes have been used for projects of a local nature in Alcorn County, Mississippi. (a) The Tennessee Valley Authority has prepared for and on behalf of, and pursuant to the request of, Cw-z! Yellow Creek. State Inlo:nd Port Authority a comprohenoive plan for the


-2 5 3

of the industrial properties now owed or hereafter to be acquired by the Port Authority in Alcorn and Tishomingo Counties, Mississippi, but before industrial development can begin in these areas, it is necessary to prepare, and secure the approval of the Environmental Protection Agency of adequate plans and specifications for the construction and operation of water control, supply and distribution systems and sewerage disposal systems. (e) In order to prepare and secure the approval of such plans, it will be necessary for the Port Authority to employ qualified experts, to drill various test wells, to perform various studies, and to do certain excavation in the vicinity of the Port and in the industrial development areas, the total cost of which is estimated to be approximately fifty thousand dollars. (f) This project is authorized by appropriate Mississippi statutes since it involves the preparation of plans for public works of improvement for the purpose of prevention of floodwater damage and the conservation, development, utilization and disposal of water; and this project has been fouAd to be both feasible and absolutely necessary to the industrial development of this area by the Tennessee Valley Authority, the Yellow Creek State Inland Port Authority, and this Board. (g) The Yellow Creek State Inland Port Authority has no funds, or source of funds, available to it with which to finance this project; and although a portion of this project will be in, and relate to, Tishomingo County, Mississippi, the benefits which will accrue to Alcorn County, Mississippi are such that this Board is willing to request the Tombigbee Aver Valley Water Management District to finance this project as a project of a local nature for Alcorn County, Mississippi. NU:7, THEnEFORE, BE IT RESOLV2D by the Board of Supervisors

of Alcorn County, Iâ&#x20AC;˘ississippi, as follows: SECTION 1. The Tombigbee River Valley Water Management District is hereby requ e sted to make. available to the Yellow Creek Jann3IT 15 -2-


3 State Inland Port Authority the total maximum sum of fifty thousand dollars to finance the preparation of adequate and proper plans and specifications for the construction and operation of water control, supply and distribution systems and sewerage disposal systems, including the hiring of qualified experts, the drilling of test wells, the performance of necessary studies, the excavation of certain lands in the vicinity of the Port terminal and in the industrial development areas, and other related and necessary work to complete such plans and specifications, as a . project of a local nature for. Alcorn County, Mississippi.

SECTION 2. The Clerk of this Board is authorized and directed to send a certified copy of this Resolution to Roy C. Adams, Executive Director, Tombigbee River Valley Water Management District, Tupelo, Mississippi, as evidence of this Board's approval of this project and as its formal request for funding this project. The foregoing Resolution was adopted by the unanimous vote of all members of the Board present on this April, 1973, PRESIDENT

TaHIBIT 15 - 3

day of


CERTIFICATE

I, Jack Holt, hereby certify that I am the duly elected, qualified and acting Chancery Clerk of Alcorn County, Mississippi, and ex officio Clerk of the Board of Supervisors of said County; that the attached and foregoing is a true, correct and complete copy of a Resolution adopted by the Board of Supervisors of Alcorn County, Mississippi, at a meeting duly called and held with a quorum

present and participating; that the original of the Resolution is recorded in the Minutes of the Board of Supervisors in Minute Book

- 5' — 35

at pages

171/,

-

and that the Resolution has not been altered, amended or repealed but is now in full force and effect. WITNESS my signature and official seal of office, this the

day of April, 19730 _

---------

_.

C.

_---,---.• CLERK.,• -BOARD OF SUPERVISORS OF ALC,ORN COUNTY, MISSISSIPPI

z

EXHIBIT 15 - 4


Copy of Original. TYGT:= DTSTaTCT, F.CBILE 30

Ors boulovard liLobile, Alabama

ATTACHMENT NO. 9

T3:

1 January 1963

-â&#x20AC;˘:

1

D:3.

..

Mobile

O. 1;:i ox 1169 Is

De f er To:

Y, . Glover Wilkins Assistant Administrator Tennossee-Tombigbee Waterway DevelopmentAuthority City flan Building Columbus, Mississippi Dear nr. Wilkins: YZeference is made to our discussion, during your recent visit to Mobile, in regard to House Bill No. 55, which was enacted into law by the Second Extraordinary Session of 1962 of the Mississippi Lo ".l.at urc This action has the desired effect of providing legal authority for organization of the Tombigbee River Valley Water Management District, which, when established, can fulfill the requirements of local. cooperation for the portion pf the Tennessee-Tombigbee Waterway in Mississippi. It is requested that information be furnished concerning proRiver Valley Water gress to date in the creation of the To Management District. We would like to know the names of officers, when an election is held, and. the person and address to whom correspondence may be directed, in order that we may submit a draft of a Resolution of Local Cooperation for adoption. As discussed with you, the first location at which construction of the Tennessee-Tombigbee Waterway will occur after funds are made available, will be Gainesville, Alabama. So far as we know, no action has been tk.en in Alaama to meet the requirements of local cooperation. However as you know, the State of Alabama has exhibited a genuine interest in the proposed project for the development of the Tennessee-Tombigbee Waterway. Since the Tennessee-Tombigbee Waterway Development Authority is actively . cordinatgheforts heafctdsae,itsrequtd that you furnish us with any information available to you in regard to meeting the requirements of local cooperation in Alabama.. If no single agency of the State of Alabama can fulfill the requirements, it appears that .this may be a good time to start action toward the.creation of an agency such as that created by MissisSippi, particularly since the Alabaraa.Legislature will convene this year. â&#x20AC;˘ '

EXHIBIT 16

-

1


PACI; -2ATTACUMENT NO. 9

31 January 1963 GThver Wilkins Althuh no funcls for this project were contained in the 17- rosidont!s reccmmencd buC:get for fiscal year 1964, funds can De added by Con[7e5s. The requirements of local cooperation must be met before construction can begin. Your early advice in these matters will be appreciated. Sincerely yours,

Y.ELVIN W. DOVITH Chief, Acquisition Branch Heal Estate Division

'â&#x20AC;˘

EXHIBIT 16

-

2


"RESOLUTION ADOPTED BY TOlvlIGBEE RIVER VALLEY WATER MANAGEMENT DISCTICT". WHEREAS, The Tennessee-Tombigbee Waterway project was authorized in the 194-6 River and Harbor Act in accordance with a report transmitted to Congress 21 February 1946 (House Document No. 486, Seventy-ninth Congress, Second Session); and WHEREAS, House Document No. 486 provides that local interest construct, maintain, and operate all highway bridges, and construct and maintain all highway relocations or alterations; make and maintain at their expense alterations as required in sewer, water sup-. ply and drainage facilities; assume the cost of operation and maintenance of utility crossings; and provide and maintain at their expense and as required suitable and adequate river and canal terminals in accordance with plans approved by the Secretary of the Army and the Chief of Engineers. WHEREAS, The Tombigbee River Valley Water Management District is vitally interested in the proposed work of improvement and desires to fully cooperate with the Federal Government in the project; NOW THEREFORE, BE IT RESOLVED that The Tombigbee River Valley Water Management Disctict hereby pledges its full cooperation in the project and grants this assurance that it will wit'"'~ the State of Mississippi ; construct, maintain and operate all highway bridges, and construct and maintain all highway relocations or alterations (either by itself or by making satisfactory arrangements with agencies of the State or County to provide the recuired construction, maintenance and operation) ; make and maintain at its expense alterations as required in sower, water supply, and drainage facilities (either by itself or by making satisfactory a..rrangements with other State, County or City agencies or corporations or private persons to provide and maintain the recuired sewer, water supply and .drainage facilitities) ; assume the cost of operation and maintenance of utility crcssinrs (either by itself or by making arrangements with other State, County, or City agencies or corporations cr private individuals to assume the cost of the operation and maintenance of required utility crossing) ; provide and main ta in at its expense and as required suitable and adequate river and canal terminals in accordance with plans approved by the Secretary of the Army and the Chief of Engineers. Adopted in Session this

26 day of

March

, 1961+.

. C. Whitehead, Jr , Presider.t) of Secretary Evelyn Ray certify that the Tombigbee River Valley Water l'-Ianag,ement foregoing Resolution was duly passed as recited :herein, that the foregoing is a true copy of same as it appears in the ilinute Look at Page 19, Vol. I of the records of said District. (Signed) L.Irr.Lj Evelyn Ray Mr . Pounds also presented an excerpt form the 1 ,.".inutes cf the meeting of the State Highway Commission March 10, 196.24_. This excerpt is hereby made a part of these minutes, since it very vitally concerns the Resolution which proceeds. The original copy signed by the Secretary of the State Highway Commission is found in the files of this association. - 7 -

EXHIBIT 17

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11117: ARMY

MPF-11}3 biST=T • Cot-0 , 8 c E:NOINLLPS 668 FEDERAL [WILDING MEMPHIS. TENNESSEE 38103

VS REPLY REFER to;

u24RE-A

5 February .1970

Mr. Jim Smith, Member Board of Directors Tombigbee River Valley Water Management District P. 0. Box 915 Tupelo, Mississippi 38801

Dear Mr. Smith: Reference is made to your letter dated 27 January 1970 regarding the Hatchie River Basin Study which was delivered, along with copies of certain of the Mississippi State Statutes, to this office by Mr. Thompson Pound, Executive Director. We appreciated the visit with Mr. Pound and found his discussions regarding the origins, background and legal status of the Tombigbee River Valley Water Management District very informative and useful. Upon returning to his office, Mr. Pound sent us several additional documents clarifying some of the legal aspects of the Tombigbee River •Valley Water Management District's authorizations to participate in

water resource projects. From our discussion with Mr. Pound and after preliminary study of materials forwarded to us by him, I am of the opinion that the Tombigbee River Valley Water Management District could be an acceptable local sponsor for that portion of the proposed Eatchie River Basin Project which lies in Mississippi. It does not appear that this organization could, under its current authorizations, perform the function of local assurer for that portion of the proposed project lying in the State of Tennessee (which, from an engineering point of view, would be the first to be performed). Our studies of flood control improvements in the Hatchie River Basin are scheduled to be completed in December 1970. At that time we will provide the Tombigbee River Valley • Water Management District with a detailed description of the study results and local cooperation requirements which we will recommend. Then, if the District wishes

EXHIBIT 19


5 February 1970

LNNRE-A Mr. Jim Smith, Member

â&#x20AC;˘ toâ&#x20AC;˘sponsor the project, a letter to that effect would be desirable 'to be included in the final report. Formal assurances which would be legally binding on the District will not be required until funds are available for construction. Your interest in this project is appreciated and we will keep you informed as our study progresses.

Sincerely yours,

7 g T. WILLIAI.IS Colonel, Corps of Engineers 'District Engineer CHARLES

2

EXHIBIT 19 - 2


P. rfA CH:4 ENT NO

LocAL COOPATIC,N FOR 1 .2DE', ■ AL '.'ROJECT-IlROVELNT RIVER AND TRIBUTARIES, MISSISSIPPI AND ALABAMA FOR FLOOD CONTROL MI=3, the Flood Control Act of 3 July 1958 authori7.ed the of t'Lle Army to improve the Tor- b74)ee River and Tribuu. Sec taries, Mississippi and Alabama, by means of channel cleartn b nand rectification on twenty-two tributary strc:ams for flood control purposes in accordance with the recommendations of the Chief of Engineers in House Document numbered 167, Eighty-fourth Congress, first session; and WinaEAS, House. Document No. 167 provides for: improvement for flood protection, consisting of channel clearing and enlarge- mant of existing channels, and construction of new channels as generally described in House Document No. 167 for Twenty ;Vile Creek, a tributary of Deist Fork, Stancfcr Creek, a tributary of 'c',a ,,;t Fork, Dig Browns Creek, a tributary of East Fork, Little Browns Creek, a tributary of East Fork, Donivan Creek, a tributary of East Fork, Mantachie Creek, a tributary of East Fork, West Fork of the Tombigbee River (Old Town Creek), Buttahatehic River, a tributary of Tombigbee River, James Creek, a tributary of Tomb::.gbea River, Tibbee River, a tributary of Tombigbee River,

Catalpa Creek, a tributary of Tibbee River, Sakatonchee Creek, a tributary of Tibbce River, Line Creek, a tributary of Tibbee River, .North Canal., a-tributary of Line Creek, South Canal, a tributary of .Line Creek, Johnson_ Creek, a tributary of Line Creak, Trim Cane . Creak, a tributary of Line Creak, Sun Creek, a tributary of Trim Cane

Creek, Luxapalila Creek, a tributary of Tombigbee River, Noxubee. River, a tributary of Tombigbee River, Sipsey River, a tributary' of Tombigbee River; All generally in accordance with the plans of the District Engineer, U. S. Army Engineer District, Mobile, Alabama, and with such modifications thereof as in the discretion of the Chief of Engineers may be advisable, at the currently estimated cost of $25,573,000.00 for construction work to be performed by the United States, provided that in accordance with therequirements of Section 3, of the Flood Control Act of 1936,,and Public Law 85 500 of. 3 July 1933, prior to construction, local interests agree to: -

Yurnish•withoutcost to the United States all.lands, easements•; and rights of way - necessary for the construction of the 'project. a.•

-

-

b. Make at their expense all road, highway bridges and utility .changes, alterations, additions, and relocations necessary for the project. c. Hold and save the United •States free from damage due to the construction works. d.

Prevent future encroachments in the improved channels.

e. 'Y,aihtain all the work after completion in accordance with realauions pre :.. .. "had by the Seerary of thc'An-ay. EX1L 20 -


A I TA Ci 2,%1ILIN.,":7

11..

Contri5ute in cash or o.,::,uvalent work, the su'::1 of S1473,000.00 toward the to La, cosL of construction, the con i rJ i thc estimates provided in to be apportioncdon a pro-rata basis usin ancl Table 9 of the Report of the District Enineer in house Document No. 167, Eighty-fourth Congress, first session; and provided further that construction may be initiated on any portion of a stream or group of streams for which the requirements of local cooperation have been met subject to the condition that construction has been started on all portions of the stream or group of streams downstream therefrom; and WHEREAS, the Tombigbee River Valley Water Management District is ii tally interested in the proposed work of improvement, and desires to fully•cooperate with the Federal Government in the project; IT RESOLVED that th2 Tombigbee River Valley NOW MEN'El'ORE, Water Manaement: District hereby pledges its full cooperation in the project, and grants this assurance that it will, insofar as the project concerns the State of Mississippi: a. Furnish without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the project. .b. Make at their expense all road, highway bridges and utility changes, alterations,. additions, and relocations necessary for the project. . c. :hold and save the United States from damages due to the construction works.. Prevent future encroachments in the improved channels. a. Maintain all the works after completion in accordance with regulations prescribed by the Secretary of the Army. f. Contribute in cash or equivalent work, the sum of2.155.L.22.2 1 2 which is the pro-rata share of the total cash contribution 7)7 $1,473,000.00 required for the portion of the project in the State of Mississippi. Adopted in Session this

, 196,1>

day of

,fr-LA'

•)

PresfEEnt, TomSfgbee River Vailey Water Management District"

( From Minutes of Quarterly Meeting,

Aur:',ut, 23, 1963) EXHIBIT 20 — 2

..


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EXHIBIT 21 -- 1


1.) EPA. Jel.'M 1;NT OF

(15.cnoral

Q.Dffice

JACESON, MISSISSIPPI :_39205 M PS.

August 29, 1973

ICV 1,11113Y IAYN E

ASSISTANT ATTOUNI:

XS1tA l.

Honorable John L. Hopkins Attorney at Law 402 Franklin Street Corinth, Mississippi 38834 Dear Mr. Hopkins: Attorney General Summer has

received your letter of request of August 17, 1973, and has assigned it to the undersigned for research and reply. In that letter you ask the following: "What obligation or commitment does the Alcorn County Board of Supervisors have with the Tombigbee River Valley Water' Management District by virtue of its having become a member a few years ago, approximately 1963. "Would the Alcorn County Board of SuperVisors be eligible to levy or to divert the two mills of the State Ad Valorem tax which they have previously been diverting to the TRVWMD and designate these two mills for capital improvements in our school system, levying a matching one-half mill which the county presently is doing on the millage diverted to the Tombigbee River Valley Water Management

District." Section 5956-134, Mississippi Code of 1942, Recompiled, sets forth the method for a county's becoming a member of the Tombigbee River Valley Water Management District, That Section

EXHIBIT 22 - 1


Honorable John L. Hopkins August 29, 1973 Page 2

provides for the levying of a half mill tax for the support of the district. Section 5956-140, Mississippi Code of 1942, Recompiled, provides for the retention of two mills of state ad valorem taxes for the additional support of the district. The last portion of that section says: "(T)he State of Mississippi shall continue to levy not less than two (2) mills ad valorem taxes on each county in the district so long as any obligations or bonds issued pursuant to this act remain outstanding." Section 5956-141, Mississippi Code of 1942, Recompiled, provides for issuance of bonds and for the pledging of the avails of the two mills state ad valorem tax and of the net revenues for the repayment of such bonds. Your letter does not state whether or not any bonds have been issued, but if bonds have been issued for the repayment of which the two mill-levy has been pledged, none of the counties whose ,two mill levy has been pledged may withdraw their, support during the life of the bonded indebtedness. Section 5956-144, Mississippi Code of 1942, Recompiled, provides that the half mill levy or sum equal thereto shall be paid into the depository of the district; and such tax shall be levied and such payments made and shall be continued as long there remains unpaid and outstanding any bonded indebtedness or obligations created by the district so created under this act. The statute does not provide a method for withdrawal from the district. Even if it did, the funding would have to continue as long as any bonds were issued. Therefore, I am of the opinion that Alcorn County could not withdraw and designate the two mills for capital improvements in the school system after levying a matching one-half mill, but must continue the millage that has already been pledged to the Tombigbee River Valley Water Management District.

Yours most sincerely, A. F. SUMMER, ATTORNEY G7 )NERAL BY

1:,af,-21,_-ii.,./ 7,-L \ , y Pc ne Mary L i (Mrs ASSi

MLA' :lm

EXHIBIT 22 - 2

tant Attorney General


SMITH, DOWNS, COLEMAN AND

Ross

PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS AT LAW

OF/MA R. SMITH, JR.

SOO WALDRON STREET

DONALD RAY DOWNS DAVID L. COLEMAN JOHN C. R oss, JR.

in a

wpFxy

POST OFFICE 130x 191 TEL E PHONE

CORINTH, MISSISSIPPI 38834

601.286-9931

;7.<.)c rig Jt.g

.

Iii,L-aar

.F.t:

1:' ^4,

F.

:on -4 2

n ..

cyl?

..

.1.„ 11 Aa

!pp!.

t 4t:',., 11,7

ty ,

:!:"

o f the:

- 3*

ri

7

AND 144?

C:17


SMITH, DOWNS, COLEMAN AND

Nn.

Ross

Phil VAvev

nK-,17

1973

1.- ,' . 1:'1 , 1'1 11 ' 1

1' ''''!1'•1••


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPELLANT

V S.

NO.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

PETITION OF APPEAL TO THE HONORABLE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI: COMES NOW the TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, an agency of the State of Mississippi and a body politic and corporate, being authorized by statute to sue in its own name, by its attorney, and respectfully appeals to this Honorable Court from an Order of the Board of Supervisors of Alcorn County, Mississippi, dated. September 28, 1973, and as grounds for said appeal and for the affirmative relief hereinafter sought respectfully shows unto the Court:

On October 6, 1973, the appellant filed an appeal with the Board of Supervisors of Alcorn County, Mississippi, appealing from an Order entered by said. Board on September 28, 1973, and on said date also filed with said Board of Supervisors its Bill of Exceptions embodying the facts, judgment and decision of said Board of Supervisors, all as required by Section 1195, Mississippi Code of 1942, Annotated, as Amended. II.

Thereafter, on October 8, 1973, Mr. T. A. Little, President of the Board of Supervisors of Alcorn County, Mississippi,


signed the aforesaid Bill of Exceptions as required by statute and the same was filed on the same date with the Clerk of this Court, thereby perfecting the appeal from said order. III.

The appeal filed with the aforesaid Board. of Supervisors of Alcorn County, Mississippi, and the Bill of Exceptions filed and signed as aforesaid are on file in this cause on the General Docket of this Court and each is incorporated herein by reference, together with all exhibits attached thereto. and made a part hereof as fully as if copied at length herein. IV. Alcorn County, Mississippi, has been a member county of the Tombigbee River Valley Water Management District since the organization of said district in 1963. Alcorn County, Mississippi has levied a county-wide tax of one-half (1/2) mill for the support of the district since 1969. Since that date the district has entered into numerous contracts and undertaken other obligations which are now outstanding obligations of said district. Said district is entirely dependent upon the one-half (1/2) mill tax levied by its member counties and the two (2) mill state ad valorem tax diverted from each member county to the district for the discharge of its current and future legal obligations. V. By its aforesaid Order of September 28, 1973, the Board of Supervisors of Alcorn County, Mississippi, purports to withhold tax support to the district, to divert tax funds heretofore made available to the district for other purposes, and in effect

-2 -


to withdraw as a member county of said district. VI. That the questions presented on this appeal are matters of great public interest and importance and that this case properly should be set for hearing on appeal in vacation upon ten (10) days written notice to appellee and Honorable John Hopkins, their Attorney of record. VII. That at the hearing of this appeal on the aforesaid Bill of Exceptions this Honorable Court should set aside and cancel the aforesaid order of the Board of Supervisors of Alcorn County, Mississippi, of September 28, 1973, and by its judgment, writ of mandamus or such other writ or order that may be proper order and direct the Board of Supervisors of Alcorn County, Mississippi, to rescind and cancel said Order, and to continue to levy an ad valorem tax of one-half

(1/2) mill on all taxable property in

said county for the support of said district and the discharge of its outstanding obligations, until such time as all outstanding bonds and other obligations of said district have been retired and discharged, or until the year 2005, whichever shall occur sooner. Respectfully submitted, TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

B

Its Attorney MITCHELL, McNUTT & BUSH Attorneys at Law Post Office Box 466 Tupelo, Mississippi 38801

-3-

OCT 1 9 1975 MRS., i-iik D. DODD, Cil.. CIL


CERTIFICATE OF SERVICE This is to certify that I, F. M. BUSH, JR., one of the attorneys of record for TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, Appellant, in the above styled cause, have this day served a copy of the foregoing Petition of Appeal on Honorable John Hopkins, Attorney for Appellee, by mailing a true copy thereof to his regular mailing address on Franklin Street, Corinth, Missisg ppi. WITNESS my signature, this the _a

day of October, 1973.

F. M. BUSH, JR.


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, APPELLANT VS.

NO.

32 32

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

MOTION TO DISMISS The Board of Supervisors of Alcorn County, Mississippi, the appellee in the above styled and numbered cause, moves the Court to enter an Order dismissing the petition of appeal and bill of exceptions in this case on the grounds that the Board of Supervisors of Alcorn County has rescinded its Order entered September 28, 1973, from which this appeal was taken, and, therefore, these proceedings are moot. Respectfully submitted, JOHN L. HOPKINS PRICE & KROHN BY ATTORNEYS FOR APPELLEE

CERTIFICATE OF SERVICE I, John L. Hopkins, one of the attorneys of record for the appellee, the Board of Supervisors of Alcorn County, Mississippi, in the above styled and numbered cause, hereby certify that I have this day mailed by U. S. Mail, postage prepaid, a true, correct and complete copy of the foregoing Motion To Dismiss to, F. M. Bush, Jr., Mitchell, McNutt & Bush, Attorneys at Law, Post Office Box 466, Tupelo, Mississippi e attorney of record for the appellant. /0440 WITNESS my signature, thi4;4;41.17day of October, 1973.

OCT 2 2 1973 4R& EAL4-A.

,ZZL-


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPELLANT

VS.

NO.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

3 :43)-,

ORDER SETTING APPEAL FOR HEARING IN VACATION

On Motion of the Appellant and. for good cause shown, this cause is set for hearing on appeal before the Court in vacation in the Courthouse of

Mississippi, at

Age"lfbEZ it) on the

County at

alARePE

harpo o'clock

A

.1.7

/7- — day of November, 1973. The Clerk of the Court is directed to serve a copy of

this Order on the Attorney for the Board of Supervisors of Alcorn County, Mississippi, which service shall constitute notice of said hearing on appeal.

.12

ORDERED

AND ADJUDGED this the

GNRL

day of October, 1973.

E5_717.77

CIRCUIT JUDGE

it TO MINUTE BOOK #3 PAGE NO

377,

F

aA I pli

OCT 2 3 1973 FALiiiik D. 0011D, W.

a


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPELLANT

VS.

NO.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

323Z-

AMENDED PETITION OF APPEAL

TO THE HONORABLE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI:

Comes now the Tombigbee River Valley Water Management District, an agency of the State of Mississippi and a body politic and corporate, being authorized by statute to sue in its own name, by its attorney, and respectfully appeals to this Honorable Court from an Order of the Board of Supervisors of Alcorn County, Mississippi, dated September 28, 1973, and an Order of said Board, dated October 22, 1973, purporting to rescind and replace said Order of September 28, 1973, and as grounds for said appeal and for the affirmative relief hereinafter sought respectfully shows unto the Court:

I.

On October 6, 1973, the Appellant filed an appeal with the Board of Supervisors of Alcorn County, Mississippi, appealing from the Order entered by said Board on September 28, 1973, and on said date also filed with said Board of Supervisors its Bill of Exceptions


embodying the facts, judgment, and decision of said Board of Supervisors, all as required by Section 1195, Mississippi Code of 1942, Annotated, as Amended.

II.

Thereafter, on October 8, 1973, Mr. T. A. Little, President of the Board of Supervisors of Alcorn County, Mississippi, signed the aforesaid Bill of Exceptions as required by statute and the same was filed on the same date with the Clerk of this Court, thereby perfecting the appeal from said Order.

The appeal filed with the aforesaid Board of Supervisors of Alcorn County, Mississippi, and the Bill of Exceptions filed and signed as aforesaid are on file in this cause on the General Docket of this Court and each is incorporated herein by reference, together with all exhibits attached thereto and made a part hereof as fully as if copied at length herein.

Iv. On October 22, 1973, an Order was signed in this cause setting the same for hearing on appeal in vacation. On the same date, the Board of Supervisors of Alcorn County, Mississippi, adopted an Order, copy of which is annexed hereto as Exhibit "A" and incorporated herein by reference. Said Order purports to rescind and annul the aforesaid Order of September 28, 1973, from which this appeal originally was taken. However, the effect of

2


said Order of October 22, 1973, is essentially the same as that of the Order of September 28, 1973, in that both of said Orders attempt to withdraw Alcorn County as a member of the District and to withhold all tax funds which otherwise would be paid to the District. That the true effect of the Order of October 22, 1973, is not to cancel and nullify the action of the Board as taken in the Order of September 28, 1973, but to reaffirm and reenact the prior action of the Board in withdrawing as a member County in the District and withholding tax funds to which the District is now legally entitled. That the second Order above mentioned is in effect only an amendment to and correction of the first Order, and the issues initially raised by this appeal have not become moot, but insofar as the District is concerned are still identical to the issues created by the Order of September 28, 1973, from which this appeal originally was taken, and therefore, this appeal still lies.

V. Alcorn County, Mississippi, has been a member County of the Tombigbee River Valley Water Management District since the organization of said District in 1963. Alcorn County, Mississippi, has levied a County-wide tax of one-half (1/2) mill for the support of the District since 1969. Since that date the District has entered into numerous contracts and undertaken other obligations which are now outstanding obligations of said District. Said District is entirely dependent upon the one-half (1/2) mill tax levied by its member Counties and the two (2) mill State ad valorem

3


tax diverted from each member County to the District for the discharge of its current and future legal obligations.

VI.

By its aforesaid Orders of September 28, 1973, and October 22, 1973, the Board of Supervisors of Alcorn County, Mississippi, attempts to withhold tax support to the District, to divert tax funds heretofore made available to the District for other purposes, and to withdraw as a member County of said District.

VII.

That the questions presented on this appeal are matters of great public interest and importance and that this case properly should be set for hearing on appeal in vacation upon ten (10) days written notice to Appellee and the Honorable John Hopkins and Price and Krohn, their attorneys of record, and should be heard as previously set on November 14, 1973, on this Amended Petition and the aforesaid Bill of Exceptions.

VIII.

That at the hearing of this appeal on this Amended Petition and the aforesaid Bill of Exceptions, this Honorable Court should set aside and cancel the aforesaid Orders of the Board of Supervisors of Alcorn County, Mississippi, of September 28, 1973, and of October 22, 1973, and by its judgment, writ of mandamus or such other writ or order that may be proper, order and direct the Board of Supervisors of Alcorn County, Mississippi, to rescind and cancel

4


said Orders, and to continue to levy an ad valorem tax of one-half (1/2) mill on all taxable property in said County for the support of said District and the discharge of its outstanding obligations, until such time as all outstanding bonds and other obligations of said District have been retired and discharged, or until the year 2005, whichever shall occur sooner.

Respectfully submitted, TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

By Its Attorney MITCHELL, McNUTT & BUSH

Attorneys at Law Post Office Box 466 Tupelo, Mississippi 38801

CERTIFICATE OF SERVICE

This is to certify that I, Fred M. Bush, Jr., one of the

attorneys of record for Tombigbee River Valley Water Management District, Appellant in the above-styled cause, have this day served a copy of the foregoing Amended Petition of Appeal on the Honorable John Hopkins and Price and Krohn, attorneys for Appellee, by mailing a true copy thereof to their regular mailing addresses in Corinth, Mississippi.

Witness my signature, this the 30th day of October, 1973.

OCT 3 1, 1973 5

MRS. I-AL..RA O. DODD, C. CIL BY ci


ORDER WITHDRAWING AB INITIO ALCORN COUNTY FROM THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT; AUTHORIZING THE INSTITUTION OF SUIT AGAINST THE DISTRICT TO RECOVER ALL TAX MONEYS PAID BY ALCORN COUNTY TO THE DISTRICT: AND FOR OTHER RELATED PURPOSES.

WHEREAS, the Board of Supervisors of Alcorn County, Mississippi, finds and determines the following: La) By Resolution adopted by this Board on January 11, 1

1963, and February 6, 1963â&#x20AC;&#x17E; recorded ; in Minute Book Number 36 at pages 21-24 and 49-53 respectiyel,y, Alcorn County purported to become a member of the Tombigbee Rive, Valley Water Management District, an agency of the state and a body politic and corporate, created by Chapter 224, Laws of 1962 (Sections 5956-131, et seq. Mississippi Code of 1942); (b)

,These mo,Replutions were adopted by this Board

upon the oral and written representations of parties interested in the formation of this water managemerit district that Alcorn County could legally become a member becauseit had surface water which flowed into the Tombigbee River or its tributaries, and that such membership would benefit Alcorn County because the primary purpx,e and goal of this water management,district would be to promote the development of the Tennessee-Tombigbee Waterway; (c)

The representation with respect to the legality of

Alcorn County's membership in this water management district was incorrect and inaccurate in that the legal prerequisite for membership in this water management district was then, and is now, that the county be one "through which the Tombigbee River or any of its tributaries lie," a requirement with which Alcorn County did not then, and does not now, comply;

ExdigiT

`rAil


(d) The representation with respect to the primary purpose of the water management district has also proven incorrect and Inaccurate in that the statutory purpose for the creation of this district was for "the preservation, conservation, storage and regulation of the waters of the Tombigbee River and its tributaries and its overflow waters," and the long range program adopted by this water management district consists of four separate types of . H , projects - - "canalling the Tombigbee River, flood control program .

I

I Ilf ,

t

I.

.

.11. , •1 1

11

on the twenty-two main tributaries of the Tombigbee River, flood prevention program as set out by the Federal congress in Public Law No. 566, 83rd Session, and projects of a local nature - - the first of which is under the exclusive control of the United States Corps of It

11 It 1

.

Engineers and financed completely by federal funds, the second and third of which are specifically limited to projects on the twenty-two 11,1, named tributaries of the Tombigbee River, and only the fourth of which Iii

I

has any possible application to Alcorn County; 1111

k

• •

.

(e) . The maximum amount which can be spent in Alcorn County for projects of a local nature theoretically (since some of these funds have already been pledged to underwrite the operation of the .1, Yellow Creek Port in Tishomingo County, but. charged as a project of a local nature to Alcorn County) is approximately $640, 000, computed by multiplying the amount received from a one-rmll tax levy basud en -the 1964 assessed valuation of Alcorn County by forty years; and during this forty-year period, this water management district could receive tax funds from Alcorn County taxpayers amounting to at least $2,500,000; (f)

Under these circumstances, Alcorn County is not now,

and has never been, legally eligible to become a member of the Tombigbee River Valley Water Management District; and the limited benefits which could accrue to Alcorn County from its participation in this water management district are grossly disproportionate to the tax funds that Alcorn County taxpayers would provide to this district;


(g)

During the years that Alcorn County has purported

to be a member of the Tombigbee River Valley Water Management District, this county las paid to the district from special tax levies, or from the General County Fund in lieu of a special tax levy, the total amount of $30, 401. 80, and this county has diverted to this water management district two mills of the State ad valorem tax levy in the â&#x20AC;˘

total amount of $292, 312. 14, which tax levies, payments and diversions were for an unauthorized purpose because Alcorn County could not, and cannot, legally become a member of this water management district; and all such sums should be recovered from this water management district on behalf of Alcorn County and Its taxpayers and expended for proper purposes beneficial to the taxpayers of this county; (h)

By a Resolution adopted September 28, 1973, recorded

in Minute Book No. 48 at pages 166-168, this Board undertook to divert to the Alcorn-Prentiss-Tippah-Tishomingo Child Development Program the two mill State ad valorem tax levy which therefore had been diverted to the Tombigbee River Valley Water Management District, which Resolution is premapire and should be rescinded at this time. NOW, THEREFORE, BE 1T ORDERED by the Board of Supervisors of Alcorn County, Mississippi, as follows: g, CTION 1:. The Resolution adopted by this Board on January 11, 1963, and February 6, 1963, recorded in Minutes Book No. 36 at pages 21-24 and 49-53 respectively, are hereby rescinded and annulled ab initio; and Alcorn County hereby withdraws from the Tombigbee River Valley Water Management District effective February 6, 1963. SEG! ION 2: John L. Hopkins, this Board's regularly retained attorney, and James E. Price, as special attorney for this Board in connection with this particular matter, are hereby authorized


empowered and directed to institute and prosecute to completion a suit in a court of competent jurisdiction for, in the name of, and on behalf of Alcorn County to recover from the Timbigbee River Valley Water Management District all funds which have been paid to this district by Alcorn County. SECTION 3: The Clerk of 'this Boi'rd is hereby authorized, empowered and directed to deposit all funds received from the onehalf mill tax levied by the Order of this Board adopted September 12, 1973, recorded in Minutes Book No. 48 at pages 144, for the Tombigbee River Valley Water Management District, in a special, separate, interest-bearing account in the County Depository, to be known as the "Tombigbee River Valley Water Management District Local Tax Fund, " and to remain in such account until all litigation concerning this matter Is funally terminated and until further order of this Board. -.N SECTION 4: The Tak Collector of Alcorn County, Mississippi, is hereby authorized, empowered and directed to pay to the Clerk of this Board all funds, hereafter collected from the twomill State ad valorem tax levy which heretofore has been diverted to, and paid directly to, the Tombigbee River Valley Water Management District; and the Clerk of this Board is hereby authorized, empowered and directed to deposit all such moneys received from the Tax Collector in a special, separate, interest bearing account in the County Depository, to be known as the "Tombigbee River Valley Water Management District State Tax Fund," and to remain in such account until all litigation concerning this matter is finally terminated and until further orders of this Board. SECTION 5: The Order adopted by this Board on September 28, 1973, entitled "Order of the Board of Supervisors of Alcorn County, Mississippi amending the tax levy for the Fiscal Year


Beginning October 1, 1973, Ending September 30, 1974, " and recorded in Minute Book No. 48 at pages 166-168, is hereby rescinded and annulled; and all other priOr Orders and Resolutions of this Board in conflict with any provision of this Order are hereby rescinded and annulled insofar as such conflict exists. SECTION 6: The Clerk of this Board is hereby authorized, empowered and directed to furnish a certified copy of this Order to the Tax Collector. of Alcorn County, Mississippi, the Commission on Budget and Accotinting for the State of Mississippi, and the Tombigbee River Valley Water Management District. The foregoing Order was adopted by a unanimous 11.

I

1

1

I

till

I.

vote of the Board of Supervisors of Alcorn County, Mississippi, with .â&#x20AC;&#x17E; . the following Supervisors voting for the adoption of the Order: â&#x20AC;&#x17E;I

I

;.

.

1.

T. A. Little H:' I L. Denton J. W. Morton Willard Crum F I

with the following Supervisors voting against the adoption of the order: None and with the following Supervisors absent or abstaining:

D. C. Mathis at a regular meeting of the Board duly called and held on this the 22nd day of October, 1973. ;

T. A. Little, President Alcorn County Board of Supervisors


'CERTIFICATE of FILING

I, FRED M. BUSH, JR., one of the attorneys of record for the Tombigbee River Valley Water Management District, appellant in the above styled and numbered cause, do hereby certify that I have this day filed with Jack Holt, Clerk of the Chancery Court of Alcorn County, Mississippi, and Clerk of the Board of Supervisors of Alcorn County, Mississippi, a true and correct copy of the foregoing attached amended petition of appeal this day filed in this cause.

WITNESS my signature, this 31st day of October, 1973.

FRED M. BUSH, JR.


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA. RIVER DRAINAGE DISTRICT APPELLANT VS.

) ) ) ) )

NO. 3234

)

)

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI APPELLEE

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPELLANT VS.

) ) ) )

) ) ) ) ) ) )

NO. 3232

)

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT AND TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPELLANTS

) ) ) )

) ) ) ) ) )

VS. BOARD OF SUPERVISORS OP ALCORN COUNTY, MISSISSIPPI APPELLEE ALCORN COUNTY, MISSISSIPPI PLAINTIFF VS. TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT DEFENDANT

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

NO. 3248

NO. 3240

)

NOV 2 1

1973

MRS. FAURA U. DODO, Gir.

MINUTE BOOK #3 Page


MITCHELL, MCNUTT & BUSH PROFESSIONAL ASSOCIATION

ATTORNEYS AT LAW TUPELO, MISSISSIPPI

GUY MITCHELL, SR. !1881-19691 GUY MITCHELL,JR.

32501

R. N. Mc NUTT FRED M. BUSH, JR. WADE H. LAGRONE L. F. SAMS, JR.

October 18, 1973

GUY MITCHELL,M F. M. BUSH m

TEL. 601-842 - 3571 P. 0. BOX 455

Mrs. Fadra Dodd Circuit Clerk, Alcorn County Corinth, Mississippi RE: Tombigbee River Valley Water Management District, Appellant v. Board of Supervisors of Alcorn County, Appellee, Alcorn County Circuit Court Dear Fadra: In the above-styled case, we enclose original Petition of Appeal which we ask that you kindly docket and file in the same cause as that in which the Bill of Exceptions is filed. With kindest regards, I am Sincerely yours, MITCHELL, McNUTT & BUSH

Fred M. Bush, Jr. FMB,jr/lhb Enclosure cc: Hon. Orma R. Smith, Jr., w/c Petition Post Office Box 191 Corinth, Mississippi Hon. John Hopkins, w/c Petition Attorney for Board of Supervisors Franklin Street Corinth, Mississippi

Tr'

"I!!!"

••


ORDER

On motion of all parties, and for good cause shown, IT IS HEREBY ORDERED that the above causes are hereby consolidated for a hearing on the motion to dismiss, all points of law, the demurrer, plea in bar, motion or other points of law before the court in vacation in the courthouse of Monroe County at Aberdeen, Mississippi at 10:00 o'clock A.M. on the 14th day of November, 1973.

ORDERED AND ADJUDGED, this

day of Nove

APPROVED FOR ENTRY: SMITH, DOWNS, COLEMAN AND ROSS BY:

42-',7;PK:r

ATTORNEYS FOR TUSCUMBIA RIVER DRAINAGE DISTRICT MITCHELL, McNUTT AND SH BY ATTORNEYS FOR TOMBIGBEE RIVER

VALLEY WATER MANAGEMENT DISTRICT PRICE AND KROHN JO fl

4. HOPKI

BY

161TORNEYS FOR BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

MINUT$ BOOK #3 Page

1.94

NOV 2 1 1913 MRS. ['AAA D DODD, Cir, Cik.


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT

APPELLANT

VS.

NO. 3234

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPELLANT

VS.

NO. 3232

BOARD OF SUPERVISORS OF ALCORN COUNTY, MI S SISSIPPI

APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT and TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPELLANTS

VS.

NO. 3248

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

ALCORN COUNTY, MISSISSIPPI

PLAINTIFF

VS.

NO. 3240

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

DEFENDANT

WRIT OF MANDAMUS

STATE OF MISSISSIPPI COUNTY OF ALCORN

TO ANY LAWFUL SHERIFF OF ALCORN COUNTY:

You are hereby requested and directed to serve upon the President of the Board of Supervisors of Alcorn County, Mississippi, the following Mandamus Order, to-wit:

NOV 2 8 1973 MRS. EADRA D. DODD, Cit. Cik. BY 1 41;

9/&Att.e_eL..


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT APPELLANT VS.

NO. 3234

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI. APPELLEE

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPELLANT VS.

NO. 3232

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT ) AND TOMBIGBEE RIVER VALLEY WATER ) MANAGEMENT DISTRICT ) ) APPELLANTS) )

VS.

) ) BOARD OF SUPERVISORS OF ALCORN ) COUNTY, MISSISSIPPI ) ) APPELLEE )

NO. 3248

ALCORN COUNTY, MISSISSIPPI PLAINTIFF VS.

NO. 3240

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT DEFENDANT

2


MANDAMUS ORDER

BE, IT REMEMBERED that the above styled and numbered causes, having been by agreement consolidated for hearing, came on for hearing on the appeal from the Orders of the Board of Supervisors of Alcorn County, Mississippi, in Causes No. 3232, 3234, and 3248, and on all issues of law raised by the pleadings in Cause No. 3240, and the Court having considered same and having heard argument of counsel, doth find:

1.

In 1963, Alcorn County, Mississippi, legally became a

member County of the Tombigbee River Valley Water Management District and has been at all times since and is now legally a member County of the Tombigbee River Valley Water Management District.

2.

That the Board of Supervisors of Alcorn County, Mississippi,

had no legal authority for entering the Orders dated September 28, 1973, and October 22, 1973, which purport to remove Alcorn County from the Tombigbee River Valley Water Management District and to divert the tax revenues from the one-half mill special tax levy and the two mill State ad valorem tax levy from the Tombigbee River Valley Water. Management District to other purposes. That said Orders having been illegally entered by said Board are null and void of no force and effect.

3.

That the Board of Supervisors of Alcorn County, Mississippi,

should be directed by Writ of Mandamus to cancel and to rescind


each of said Orders and should be and hereby is ordered to continue to levy an ad valorem tax of one-half mill on all property of Alcorn County, Mississippi, and to direct the Tax Collector of Alcorn 'County to pay to said Tombigbee River Valley Water Management District all of the proceeds from said one-half mill levy, together with the proceeds from two mill State ad valorem taxes as authorized by law.

4.

All proceedings in the above-styled Cause No. 3240 are stayed

and abated pending an appeal from this Order to the Supreme Court of Mississippi, which appeal was on motion of the Defendant Board of Supervisors granted in open Court.

5.

That the Clerk of this Court should be and hereby is directed

to issue a Writ of Mandamus to the Board of Supervisors of Alcorn County, Mississippi, and to serve a copy thereof on the President of said Board, setting out in said Writ the provisions of this Order.

ORDERED AND ADJUDGED, this the hgth day of November, 1973.

APPROVED AS TO FORM: SMITH, DOWNS, COLEMAN AND ROSS By :

/ Yhidt AT ORNEYS FOR TUSCUMBfACRIVER DRAINAGE DISTRICT

MITCHELL, McNUTT & BUSH BY: ATTORNEYS FOR TOMBIGB E RIVER VALLEY WATER MANAGEMENT DISTRICT PRICE AND KROHN JOHN L. HOPKINS BY:

ec/-

/ I

ATTORNEYS FOR BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

3

,


You are further directed to execute the same by delivering a copy to T. A. Little, President of the Board of Supervisors of Alcorn County, Mississippi, and the original shall be returned with endorsement showing how it was executed.

DATED, this the cUALday of

,

1973.

CIRCUIT CLERK

_ WuelLuu

CL

RETURN

STATE OF MISSISSIPPI COUNTY OF ALCORN

Personally appeared before me, the undersigned authority in and for the jurisdiction above mentioned Ralph Lavon Lambert, Sheriff, by

Deputy, who, having been by me

duly sworn, on his oath states that he executed a copy of the above and foregoing Writ of Mandamus on Alcorn County, Mississippi, by delivering to T. A. Little, President of the Board of Supervisors of Alcorn County, Mississippi, a true and correct copy thereof.

Witness my signature and seal of Office, this the , 1973.

TITLE

5

day of


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT

APPELLANT

VS.

NO. 3234

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPELLANT

VS.

NO. 3232 g.'"

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT and TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPELLANTS

VS.

NO. 3248

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

ALCORN COUNTY, MISSISSIPPI

PLAINTIFF

VS.

NO. 3240

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

DEFENDANT

WRIT OF MANDAMUS

STATE OF MISSISSIPPI COUNTY OF ALCORN

TO ANY LAWFUL SHERIFF OF ALCORN COUNTY:

You are hereby requested and directed to serve upon the President of the Board of Supervisors of Alcorn County, Mississippi, the following Mandamus Order, to-wit:

Ike33,17P.,,T) NOV 2 8 197 3 MRS. FADRA D. DODD, Cir. Cik. 3y


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT APPELLANT VS.

NO. 3234

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI APPELLEE

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPELLANT VS.

NO. 3232

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT ) AND TOMBIGBEE RIVER VALLEY WATER ) MANAGEMENT DISTRICT ) ) APPELLANTS) ) VS. ) ) BOARD OF SUPERVISORS OF ALCORN ) COUNTY, MISSISSIPPI ) ) APPELLEE )

NO. 3248

ALCORN COUNTY, MISSISSIPPI

) ) PLAINTIFF ) ) VS. ) ) TOMBIGBEE RIVER VALLEY WATER ) MANAGEMENT DISTRICT ) ) DEFENDANT )

49,0

Pile- 1

4

'13

,qqg' 2

NO. 3240


MANDAMUS ORDER

BE, 1T REMEMBERED that the above styled and numbered causes, having been by agreement consolidated for hearing, came on for hearing on the appeal from the Orders of the Board of Supervisors of Alcorn County, Mississippi, in Causes No. 3232, 3234, and 3248, and on all issues of law raised by the pleadings in Cause No. 3240, and the Court having considered same and having heard argument of counsel, cloth find:

1.

In 1963, Alcorn County, Mississippi, legally became a

member County of the Tombigbee River Valley Water Management District and has been at all times since and is now legally a member County of the Tombigbee River Valley Water Management District.

2.

That the Board of Supervisors of Alcorn County, Mississippi,

had no legal authority for entering the Orders dated September 28, 1973, and October 22, 1973, which purport to remove Alcorn County from the Tombigbee River Valley Water Management District and to divert the tax revenues from the one-half mill special tax levy and the two mill State ad valorem tax levy from the Tombigbee River Valley Water Management District to other purposes. That said Orders having been illegally entered by said Board are null and void of no force and effect.

3.

That the Board of Supervisors of Alcorn County, Mississippi,

should be directed by Writ of Mandamus to cancel and to rescind

e- Igo

PA4 e

39 ci


each of said Orders and should be and hereby is ordered to continue to levy an ad valorem tax of one-half mill on all property of Alcorn County, Mississippi, and to direct the Tax Collector of Alcorn County to pay to said Tombigbee River Valley Water Management District all of the proceeds from said one-half mill levy, together with the proceeds from two mill State ad valorem taxes as authorized by law.

4.

All proceedings in the above-styled Cause No. 3240 are stayed

and abated pending an appeal from this Order to the Supreme Court of Mississippi, which appeal was on motion of the Defendant Board of SuperviAors granted in open Court.

5.

That the Clerk of this Court should be and hereby is directed

to issue a Writ of Mandamus to the Board of Supervisors of Alcorn County, Mississippi, and to serve a copy thereof on the President of said Board, setting out in said Writ the provisions of this Order.

,R0*

ORDERED AND ADJUDGED, this the 14th day of November, 1973.

APPROVED AS. TO FORM: SMITH, DOWNS, COLEMAN AND ROSS

"A

BY :

04,

/

ATTORNEYS FOR TUSCUMBIAt RIVER DRAINAGE DISTRICT MITCHELL, McNUTT & BUSH BY:

ATTORNEYS FOR TOMBIGB E RIVER VALLEY WATER MANAGEMENT DISTRICT PRICE AND KROHN JOHN L. HOPKINS

/

BY:

j f

ATTORNEYS FOR BOARD OF SUPERVISORS OF ALCORN C/RUNTY, MISSISSIPPI A tick- b oo

Ple-

00

.143

3


You are further directed to execute the same by delivering a copy to T. A. Little, President of the Board of Supervisors of Alcorn County, Mississippi, and the original shall be returned with endorsement showing how it was executed.

DATED, this the

aâ&#x20AC;&#x17E;.

day of

4-LA

1973.

CIRCUIT CLERK

cl,,,,,,,A,:ficureLLtu i RETURN

STATE OF MISSISSIPPI COUNTY OF ALCORN

Personally appeared before me, the undersigned authority in and for the jurisdiction above mentioned Ralph Lavon Lambert, Sheriff, by

Deputy, who, having been by me

duly sworn, on his oath states that he executed a copy of the above and foregoing Writ of Mandamus on Alcorn County, Mississippi, by delivering to T. A. Little, President of the Board of Supervisors of Alcorn County, Mississippi, a true and correct copy thereof.

Witness my signature and seal of Office, this the , 1973.

TITLE

5

day of


IN THE CIRCUIT COURT OF ALCORN COUNTY,

MISSISSIPPI

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT,

) ) ) ) ) ) ) ) ) )

APPELLANT VS. BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

NO. 3232

PETITION FOR APPEAL Pursuant to the provisions of Section 11-51-13 Mississippi Code of 1972, and other pertinent statutes, the Board of Supervisors of Alcorn County, Mississippi, hereby request an appeal to the Mississippi Supreme Court from the Mandamus Order entered by the Circuit Court of Alcorn County, Mississippi, on the 24th day of November, 1973, in the above styled and numbered cause, no appeal bond being required under the provisions of Section 11-51-101, Mississippi Code of 1972 0 PRICE & KROHN JOHN L. HOPKINS BY TORNEYS FOR PETITIONER

CERTIFICATE OF SERVICE I, James E. Price, one of the attorneys of record for the petitioner, Board of Supervisors of Alcorn County, Mississippi, in the above styled and numbered cause, hereby cer-

tify that I have this day mailed, postage prepaid, a true, correct and complete copy of the foregoing Petition For Appeal to Fred M. Bush, Mitchell, McNutt & Bush, Attorneys at Law, Post Office Box 466, Tupelo, Mississippi 38801, the attorney

1'1


of record for Tombigbee River Valley Water Management District. This 29th day of November, 1973.

-11) NOV 2 9

1913

MRS. FAORA D. DODD, Cir. BY

'1 ,, M ,

MI Jâ&#x20AC;˘

M.


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, APPELLANT VS.

NO. 3232

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

DESIGNATION OF RECORD ON APPEAL TO: Fadra D. Dodd Circuit Clerk Alcorn County Circuit Court Corinth, Mississippi 38834

NOV 2 9 1973 KRS. FADRA D. DO D, Cr.

Pursuant to the provisions of Section 9-13-33, Mississippi Code of 1972, notice is hereby given that the Board of Supervisors of Alcorn County, Mississippi, desires to appeal the above styled and numbered case to the Mississippi Supreme Court; and the Board of Supervisors of Alcorn County, Mississippi, designates the following portions of the record, proceedings, testimony and evidence to be contained in the record on appeal to the Mississippi Supreme Court: 1. Appeal filed with the Board of Supervisors of Alcorn County, Mississippi, by the Tom,bigbee River Valley Water Management District on October 6, 1973. 2.

Bill of exceptions (but not the exhibits thereto, which are contained in the record on appeal for Cause No. 3248) filed with the Board of Supervisors of Alcorn County, Mississippi by the Tombigbee River Valley Water Management District on October 6, 1973,

3.

Petition of appeal filed in the Circuit Court of Alcorn County, Mississippi by the Tombigbee River Valley Water Management District on October 19, 1973.

4. Motion to dismiss filed by the Board of Supervisors of Alcorn County, Mississippi on October 22, 1973.

`."


5.

Order setting appeal for hearing in vacation entered October 22, 1973 by Judge L. T. Senter, Jr.

6. Amended petition of appeal (but not the exhibit thereto, which is already included in the record on appeal in Cause No. 3248) filed by the Tombigbee River Valley Water Management District on October 31, 1973. 7. Order consolidating causes for hearing entered November 14, 1973 by Judge L. T. Senter, Jr. 8. Mandamus Order entered November 24, 1973 by Judge L. T. Senter, Jr., and filed November 28, 1973, with the Alcorn County Circuit Clerk. 9.

Petition for appeal filed by the Board of Supervisors of Alcorn County, Mississippi on November 29, 1973, with the Circuit Clerk's endorsement thereon.

10. Summons served on Tombigbee River Valley Water Management District to answer the appeal, or, in lieu thereof, a waiver of summons. 11.

Copy of this Designation Of Record.

12. Circuit Court Llerk's certificate and cost bill. PRICE & KROHN JO L. HOPKINS

e

By

644,,

vi

..

tTORNEYS FOR BOARD OF ,SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

CERTIFICATE

I, James E. Price, one of the attorneys of record for the Board of Supervisors of Alcorn County, Mississippi, in the above styled and numbered cause, hereby certify that I have this day mailed, postage prepaid, a true, correct and complete copy of the foregoing Designation Of Record On Appeal to Fred M. Bush, Jr., Mitchell, McNutt & Bush, ; Attorneys at Law, Post Office Box 466, Tupelo, Mississippi 38801, the attorney of record for Tombigbee River Valley Water Management District, and that I have this day (filed with Fadra. D. Dodd, Clerk of the Circuit Court of Alcorn County, Mississippi, a true, correct and complete copy of this Designation Of Record On Appeal with a statement of how the same was served on the attorney for the adverse party. This 29th day of November, 1973.

-2-


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, APPELLANT NO. 3232

VS.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

WAIVER OF SERVICE OF PROCESS AND ENTRY OF APPEARANCE The Tombigbee River Valley Water Management District, acting by and through its attorney of record, hereby waives service of summons to answer the appeal, and enters its appearance in this cause in the Supreme Court of the State of Mississippi, with the same effect and to the same extent as if process had actually been served upon it in the manner and for the time provided by Section 11-51-55, Mississippi Code of 1972. Signed and executed on this the

binte,01U1

/2

day of

, 19734 MITCHELL.. McNUTT & BUSH BY ATTORNEYS FOR TOMBIG RIVER VALLEY WATER MANAGEMENT DISTRICT

u.c 1 1

1973


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

APPELLANT

V S.

NO. 3232

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT

APPELLANT

VS.

NO. 3234

BOARD OF'SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT, ET AL

APPELLANTS

VS.

NO. 3248 ✓

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

STIPULATION It is agreed and stipulated by counsel of record for all

parties in each and all of the above-styled causes that the same may be consolidated for hearing on appeal to the Supreme Court of the State of Mississippi, subject to the approval of the Court. It is further agreed and stipulated by the parties that the

record and exhibit in Cause No. 3248 in the Circuit Court of

I=

1


Alcorn County, Mississippi, may be made a part of and considered as the record on appeal in each of the other above-styled and

numbered causes, to avoid the expense and repetition of compiling duplicate records on appeal in each case. Stipulated and agreed to, this the

// —

day of December,

1973.

SMITH, DOWNS, COLEMAN & ROSS ATTORNEYS FOR TUSCUMBIA RIVER DRAINAGE DISTRICT

BY

PRICE & KROHN JOHN L. HOPKINS ATTORNEYS FOR BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI BY >64 -1,“-_,I.

MITCHELL, McNUTT & BUSH ATTORNEYS FOR TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

BY

utc 1 1 1973 MRS,

2

BY ••

,•

•-

DULL), Gir. CPA.


STATE OF MISSISSIPPI

Circ u it

To the Honorable the

Court,

A lcorn

of WHEREAS, on the

22nd

day of

County—Greetings:

July

,

1914_ (the same being a day of

the regular term of our SUPREME COURT, begun and held in the Court room, in the Capitol, in the City of Jackson, in said State, on the following final

1St

Judgment

Monday of

March

, in the year of our Lord, 197A___ . , the

was rendered by our SUPREME COURT, to-wit:

,BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI No

48.079 48,080 48,081

vs.

TOMBIGBEE RIVER DRAINAGE DISTRICT, ET AL

This cause having been submitted at a former day of this Term on the record herein from the Circuit Court of Alcorn County, Mississippi, and this Court having sufficiently examined and considered the same and being of the opinion that there is no error therein doth order and adjudge that the judgments of said Circuit Court rendered in this cause on the 24th day of November, 1974-be and the same are hereby affirmed. It is further ordered and adjudged that the County of Alcorn do pay the costs of this appeal to be taxed.

YOU ARE THEREFORE HEREBY COMMANDED, That such execution and further proceedings be had in said cause, as according to right and justice, and the judgement of our SUPREME COURT and the law of the land ought to be had.

WITNESS, the Hon

Robert G. Gillespie

Chief Justice of our Supreme Court; also the signature of the Clerk and the Seal of said Court hereunto affixed, at office, at Jackson, this the

16th

day of

September

/

/4

MINUTE BOOK #5

By

Page 202 L (Circuit Court #3248, #3232 & #3234)

X;

, AD ,

12 r;46 -1-

, Clerk ,DC


TRVWMD vs AlcornBdSupv_3232