Page 1

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

BILL OF EXCEPTIONS

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

The Tuscumbia River Drainage District, a body politic and

corporate of the. State of Mississippi, (hereinafter, called "Tuscum bia"), 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 compromise its said Bill of Exceptions:

1.

Order of the Board of Supervisors of Alcorn County,

Mississippi dated September 28, 1973, from which this appeal is taken withholding its tax support to the Tombigbee River Valley Water Management District (hereinafter called "District"). A. Order of the Board of Supervisers of Alcorn County, Mississippi, dated October 22, 1973, from which this appeal has been taken.

2.

Memorandum Brief of said District, 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.

6.

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

of Engineers dated July 6, 1969. 7. Opinion of the Attorney General of the State of Mississippi dated June 3, 1968.

8.

Resolution of the Board of Supervisors of Alcorn County,

Mississippi dated August 7, 1969.

9.

Copy of work sheets showing break-down of half-mill county

wide levy and two mill advalorem tax contribution by counties and by calendar years through 1972..

10. Break-down of tax revenues from member counties by fiscal years.

11.

Resolution of Board of Directors of said District, dated

October 29 1964.

12.

Resolution of Board of Supervisors of Alcorn County, Mis-

sissippi, dated July 8, 1969.

13.

Resolution of Board of Supervisors of said District, dated

July 24, 1969.

14. A copy of all documents which together. compromise the contracts and agreements pertaining to the establishment, development and underwriting of the Yellow Creek State Port.

-2-

1-'1"11


15. Resolution of the Board of Supervisors of Alcorn County, Mississippi requesting said District to fund a project of a local nature on behalf of Alcorn County, dated April 2, 1973.

16.

Letter from U. S. Army Corps of Engineers, Mobile Dis-

trict, dated January 31, 1963.

17.

Resolution of. Board of Directors of said District dated

March 26, 1964.

18. Summary of cost estimates of Tennessee-Tombigbee 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 said District, dated

August 23, 1963.

21.

Table showing estimated annual cost and benefits of im-

proved Tombigbee River tributaries and streams.

22.

Opinion of the Attorney General of the State of Missis-

sippi dated August 29, 1973.

RESPECTFULLY SUBMITTED, TUSCUMBIA RIVER DRAINANGE DISTRICT BY:

-3-


Filed with the undersigned Chancery Court Clerk and Clerk of the Board of Supervisors of Alcorn County, Mississippi, this 31st day of October, 1973.

JAC

LT; CLERK OF BOARD OF (VISORS OF ALCORN COUNTY,

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, Mississippi, to the Clerk of the Circuit Court of Alcorn County, there to be docketed for hearing in due course, this d9ia

day of

October, 1973.

`PRESIDEN , BOARD OF SUPERVISORS ALCORN COUNTY, MISSISSIPPI

ATTEST:

Received the foregoing Bill of Exceptions from the Clerk of the Board of Supervisors of Alcorn County, Mississippi, filed and docketed the same, this the

t6 .z'

of October, 1973.

.4S214,

FADRA D. DODD CIRCUIT COURT CLERK ALCORN COUNTY, MISSISSIPPI 12

x-tut-tt

-4-

,!

!

- Ip - vt-ITIVV

, •

..-

v -•

.[D


I

t1

ORDER OF TIIE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI AMENDING TIN?, 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 • WE-IEREAS, the law authorizing such action stares 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, inastrial or educational fields, which 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 *motion 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 robe 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 chills 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 fLinds for training parents

exhibit 1 ,WW,41.411-

-

3.


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 45

having

5Qi11Q

dQgrec Qf 1QaTming c1efoct.6 and montai handicaps whilQ

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 auarrity 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 clevelope a model for a minimum local effort in attaining ,

following goals:

1. To provide mentally retarded chilciren of the 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. To provide a minimum number of adequate day 2. 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. hie;hest 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 Developm6nt Program. It is, therefore, ORDERED that there be submitted to the State Commission of Dubget and Accounting by the attorney fcc 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. k

President

1St- ATE OF rilSr.'.: 1,77:=17P1 • . .

In and for the State is 3 true anti cornet, zis

!I• 1, and C. unii.• arld

e

,

.....

7, , ....

.

........

CleCK C

Exhibit 1. - 3


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 .v-) THE DISTRICT: AND FOR OTHER RELATED PURPOSES.

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

i

1963, and February 6, 1963, recorded ; in Minute Book Number 36 at pages 21-24 and 49-53 respectiyel,y, ,Alcorn County purported to become 11 ;‘, a member of the Tombigbee River, 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); 11 . (b) • ,These tw,o,Replutions were adopted by this Board upon the oral and written representations of parties interested in the formation of this water managemerl,t district that 41corn County could legally become a member because,,it had ,surface water which flowed _ into the Tombigbee River or its tributaries, and that such membership would benefit Alcorn County because the primary purpot,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;

EX I

fl


(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 I.

FI

I"

this water management district consists of four separate types of . .1., projects — "canalling the Tombigbee River, flood control program ' ■

■■[

I,

.

111 ,.

.

11

1

Iii

on the twenty-two main tributaries of the Tombigbee River, flood I.

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 ,11 111,1 , . Engineers and financed completely by federal funds, the second and third of which are specifically limited to projects on the twenty-two named tributaries of the Tombigbee River, and only the fourth of ■

. ■ Il

I

I

I

has any possible application to Alcorn County; • ■

(e)

V

I

The maximum amount which can be spent in Alcorn .

.1.1 1

.1

County for projects of a local nature theoretically (since some of these funds have already been pledged to underwrite the operation of the 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-mill tax levy based cn -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;


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 ithis Board 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. SECTION 4: The Tak Collector of Alcorn County, Mississippi, is hereby authorized, empowered and directed to pay 6 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 pri6r 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 herebyauthorized, empowered and directed to furnish a certified copy of this Order to the Tax Collector. of Alcorn County, Mississippi, the Commission on Budget and Accounting for the State of Mississippi, and the Tombigbee River Valley Water Management District. The foregoing Order was adopted by a unanimous vote of the Board of Supervisors of Alcorn County, Mississippi, with I, I • ,., the following Supervisors voting for the adoption of the Order: .; • i ;, 1 '

T. A. Little I L. Denton J. W. Morton Willard Crum •

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, 1.973.

• ;

T. A. Litt e, President Alcorn County Board of Supervisors


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 6

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 I

W

11,1,1:1


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 from 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 f 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 • Directo-rs from Alcorn County and the Board of Supervisors of Alcorn County, approximately $61,900.00 of these funds have been

EXHIBIT 2


•

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 District.wide 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 r

-

,


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 •uscumbia 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 51


(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 4

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 """1"

'

•••

•'

'

• I. '• '''I• - •'

•••• L• • •—

tr-11—nromry !

T


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 8

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


4

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 , EXRIBIT 2 - 8 1

'1

'-!!!

!

• r-,!!

r


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 pne-half mill tax for District purpo*oa,

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

1

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

EXHIBIT 2 H11,1:


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


RESOLUTI 0•E

WHEREAS, the Mississippi. Legislature has

Ldopted thc enabling legislation for the creation of the Tombigbee Aiver Valley %:ater 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

Regular Session which was amended by douse dill O. 55 at the Second ixtraordinary 6ession of 1962; and WHEREAS, this enabling statute providd . thaBordsfSuperviso feachountyhroug wIlich the Tombigbee aiver Or any of its trioutaries lie may adopt a resolution favorable or unfavorable LO creatinr. said District; and,

WHREAS, the Board of Supervisors of Alcorn

County, feels that the creation of the Tombibee River Valley enter Management District as provided

in .the enabliwylegislation will produce many benefits to the people of the entire Tomb -igbee Watershed Arca through proper development f management, and u:,iiization of the natural resources of the area

;

NOW:

Tke.EFO,

IT zcE.:Vi!,D, by the IJoard of

Supervisors of Alcom.County, duly assembled on this the .Llth day of January, 1963, that we unanimousrcoi=cor,d and •enthusiastically endorse the creation of emch.i)13trict. .17

P!1:

of

IT inril:Edif3uLVIJ, that Certified copies

r;:!solutionfou furni:;h6 to the

EXHIBIT 3

of


• . ..I

.11,

I

CYAYI

ro.

.

Cr."1a1C):

;

CZ1'4' V '

of.

To;.b;!,z1)

tly,7)

Vcaioy

Ca 8

02;L:.c.o roof th:-.4

OXO C'Llt

' Lator Co;:al-z..;:doa:)ro 2 Board of lioalt%

,J1

r,ad

cr k a oroutry Coz=lo 01 ozz •

upcla t1-1.3 Llinutozof' thia Eccrd of

1):)...%E

ordc

o:

• of

▪ Cozaty

ziar .4oczion 7

-

r

thic

yyc1z7

C:4113;47 I

C

, A .6

.1

C! .:77

k

A .1;

W. 0. POTTS, JR., Clerk of the Chancory Cal.i r; in and far Mreloy czrlify INCcc fne forc.7joini.i is a trot °forest:lid, cnd as fully cod corn21:2te:',.. cf tho °rig carri., ct cony n.r/ the same appears of rt:crw.1 19, AO Given under my, hand an seal this_Li_day of N L„,L ')Chancery C ✓

EXHIBIT 3 — 2. ••


.

I

MISSIS&I P Pi C.LIP ■.SING BUREAU 55::

..1-‘,..17 7.1\

1 -11.1.1`,...0ed

JACKSON,

E.NT. N.) .

MISS.

CI:ppcd from; Daily Corinthian Co: , • 1.„,

lermseartmaralar.,

WAIL) F.F.01.1 . T1ON

- r ..• . 1,!.....1.. .••••01: -...., NI•cl••h.r.i. I ••;.....nl 1.1 I Ihn el..1 , 11,•. Ilse I n II in 1 o n o'‘. :•.... ... 1 how 1 wsnro•or. lo 1-.....11, .1 : .onnernenl , lo I lo• I to , rd. of Ilireel.:. ■ ••• ,,.6 • • r ,,r 1,; ;;.1..•,, I; ',.. i. .0.1...(.. thn pr...1•,,,•,,i •;•,.., ,,I.wl.,.... lalVer Vol• the T n, 1py Worn,' Mon...I:v.1mM. Ilktrict. lun•vo //I P trirt .. T 7.timl.....nno•ni. 1 ....• 1

•,•::••• , 1 hr Limo,' lull No. 1 7 1.1 . 1,nw•li I.non (ureic: by Ch•: rtnr,r.l, of Wrtnr Colotr. '0.2 il1ill • r;4,_ Flitlo r•n•tro • nr 1,-1,1,, Gilin ,7 • ;u,1 11 , 11 Comm': .•ioni,-- ...id 11in t Inc •••• .t.ry Comir,1•....;on of lb.• strile of l I, runr.!it,4 r...• Srr..ion of 1 V... 2. 1. SI i!.-.i•.•; 1,0i, :km: titht. +I ■ s.• el: 1 iic V...e.

, :1:,... 121:ulor 1.4.r•...ion n• 11 nIon-1..,..• 11,-,,,,, oat N hi 0t OW S...001 141

„c

o„..,..• r„..„,, „,„,.: ;11,1.,.1,. ill. IT 11.V.sill.V1iilt. by the Flout ,, ,y ,,,,,,,,,, 1„,,,,,.,.. 1 11,, 13). - QIIPVI•I'lliiIi! boo ill .,.,.lii .. 6 ,, ill fiel,Ii6.i .. m... ;••••.....,•.... 0f Al ar., c.,..y. h:1' the . 1. 011111i'.:1Te ,....1,e.W.1 rei.:v!.,: '1,P 44 V"il py .. /111111..61V, 401", in ..'.•. • ' '.0., Y I" P"`"I ir.W "'". " . "I:, A . "•• Ili 110 VII (r..vor:11.1es en.l..n. , 41. It intopc-l• 1 • I. 11 ,,1 .1,•,•.• ,10 hoi.v 1.). ("Ivor M e err,i i.,,, t , t...„ ; ..;„, p id,i Did! r i o t ; Lb.• n( ,, n: I he Tnr111 , 11 - 1 .... 111 ,,, VIL1 1, '"' 1 11,,,,,,1 .,,r ;,..,„,„,,,,,„„ r ,,, „„,r ,,,,i,,„,,, c,,,,,,

i',...,I n it,. ,r, a III . '1,14.1 I,. 1,0111' 1,1 I rl .N .0...11 1 ,.1j111:. 117111t 1.1 , i.•: .1 .(01.1 . 1,4; nnrcid:Ition Ilnwein. :4).1 On it , • :1 v...1.11;,r) rola: L ining ihe nnuir I ..j..;•in. hove of rot. In.., Ilion I ••••1.1:•• tw•rreil2 .110'; 1 ,,r

ow ',um; ri,,,i 6,...,0,, of ,,,.;,1 0,,,,,ity

i,

Stionrn loom. filn.I with thin lintirtl tif n t .v.,,, I y-k,Itp 11:1 I 114.ts Irmo :inn 4.0,•• ,,r 111.: r,,,,,, 1....iblre:ilion of this, r1 , ..11411.1,14 . .:,ill,: .:,ill,::. 1.1. nn el....lion •.11 1111‘. orop” , i1 tot. 11,1.. I 1...:1 1,1 .11.."; "Ivo. !•....11 Iny. oppl'011ein0.171-....!:V.I.Ilinll In 1, 1'11 .C.:

' .. .

Alcorn Hiner

Cownly • inl , 1 1 lw• Tomlni•in'l •11':,1, 51 '..1.1,...rog , roont. Villier ...WOW 1. tlInce,. ry, mb„ ;..,, itn . i. tit,..„ itt it. In the t „ ;, , t. In.. .•••• • Mouncerinent 1,1i , 1 rill within llo• in no mid molnrnmo lro, of .....1 , 11:111 g L ;. 1 ••11.1 WI: Ill n River W n tnr..1,1..,1 A r o, ' ; r o il • innr...L, and wol (J. imm14 mill on ;ill of Ito. I,. A 1 .1 , 1..Vonevl y re of ii, ettl. 1.11 .4 11o . 1 41.0Q1 , 7111, nee ,.• il I. 11"..1.--• lio . ;,11r ...Ail C.o.11; y in:n Ills To. ,, 1 , l;•I....• witilio I he T•ool.0•••••• itio•c W. ,1. , "•• 4.1 rooditioos, ,.. (or•,li in limn,. 11111 !liv....•r '....411o;.• W..n 1111 , r ...1.noi..i01711! 31. I '1 i , i• I . hol A1,:1 1.1 1.7 en-V.'. ive ‘'. 111.: 1.'.•1' :. 0. 11 li, 10 or r, r 'he Ri . ;:100,r S.,...ion (,.r nin.l roll.....;,,I rw b.; r.,.......e.; I and 10 1.111111:tl•y lev•,, in romnin.:.1 r.1 ' .••••., to ::, .', 2, ;,.. : ow. , n ■ f0.1 i.Q .• II, Liq Pill No. nold.c....1 in?: on . 1•17,...1.1.; proparly wititio. ' Itirit : i‘ such a aviiviii.i . i. hattr , vr, :, Of ',la. 1, nr.•11.1. Exiceow,linnry So.,...,... 11,., 'fotinbighnn 1•1itor 1 11:1101.,:h....r1 Ar•• , :t pc Gijon 6, filn•I with :wilt'. 1.1.,:•••11 oi: l.- ll••••..1 :loll for Ihe neincrol nntrionwr• ' ll ,l 1111 0 11 4 1 .11 :' a map or Oat Co•n.-of ...1 . ;41innryl..nwp, within lino isnenty•oinv 1:2•1 1 : P'..1 , ' pr. 111100 .1,,,,.'11111111, (e nter eonro. , itrit" iir - :lir, aftieC of Lbn' Chnnenry 11...y• from Ow 111.14• of the iicnt 01:1•11". -ii, aatrr alliltatina, II1,71i ,t1110 ra 1 II , i'l..C.; of Attora Cattatti at: - Corinth, co.Lion, thir. lion.01 will n:11.1 oil eln...ti.m . • •orrcnt, Inanstrin.1 nno1 economic , lnli.-.,1:c,i1111i. ;L S loroViPIP`cl by kw iniwwniii a, filial'. . P. ..,,„ ' ,I! , '.. noeinent ASA illen•rinoment. and for find eI.•• ■••,on:1 will h:Ive on OV owl. 0111 , 1 no vol.:. (or 01. ..1 , ...1,1 ilm arm.. i.l.:lita 'citoo.1 imrpo., .•.• ntithio lhe area rani1,11.. IT F1111TI1 1.111. Il.r.•:illi..1'1••;11. 'loc. 1•.kw • tint 'forr.bin;bec River' \Vale:, I thi. iii .ir.t,l, Iv i'....%•.■ twiii•ear., is....r•l•y of Alcorn C...111.•.:1.•••• ■ •• -.141in". •• 1.1•:1•Ii•nr ,:,l Arno.. It. , 'wow: ion of ..•l'illri.nt: :11 . 1.1. 111.4 , Taial•;;•ii,-.• iiiver Vitiiiiy Witi.•r ' ll ,cicc , eoVel. 1 ...01113' i111 ,1 1 .ro. TOO114:11.•. .. WO, NI.:,,1.:1:•:ennet11. 1.)..trin a n d I hi. lncyin•: PE IT rt.: izTtihat I; F.sro,v 1.-.10, thol I CO v .m4-1. N. ,' rilor Mo1 ,040.1011. iali•i•1. 01 nn roi ••:.lorern on aC ncn••holf 19 ,0

I,.,„, rimIn Inns 1,..., far liar

mill i n 41 1 1 , 1, .. ,1 or ' ,1.1 Lii.4t ri0.. l'"- °^ C"'"Y "C Alt'...rn. l'ing 1• ,;I• in the event ,,,,i,a Di,thio, i,. ,,,,,,I, I , ":" 1 ,,,P. 1 0 Con ntle3 I h rim-01 W klirli 1. 11. 0- ' oriel it 10 our (miller 111•.ire rind intro. T110 rnti- 1.1oilstf eeonlialon (':II 110,0 . 4 , V.1,,: ∎ ;1:1.011 Worm (le one or iii. , rc of if, limn I .., b,,...y no o , i ,.. p .toroin to .,, of on , • by Mr. ,b, (;., orinnr of Satwrii . i••rit t-matii•i ,.... lire. mind 111111 el 11111,1e Innlins hni f f t:.} mill, mi., nil of Ilin instohlo Di,l.rint, No. 'rico 1.11.1 olill• •.nronflerl 111' liforwintli nIntinli., In III,Onle ri pro, i ,...„ 1,0. 7,. willtia thr Tiiiiiiii=1,,, Itii....r 11:•• Mr. Maxi: 1111.inn:...+:...1 of ;moot , ix•ws 1 leilimion: tonney ill 11w * roolilin:I•'e I V.•:.1ni...1....1 . 1.1'.... rik •....own ;•••• omn ••c 11" ; ....- 1.• • Nu. 1 , i , r. Ii.....e vol in:: 41.,,, a 1' u in.rn ii' iui Ili s:• ' l'In..: wore.. .1, G. Dri• o..; I.. W, 1.:11:•n: 54111T ., :, ,,, i ..f,ironnentiono,l, thiwnn( .3• 1

"-i• ''r

"" •v W'ic' 24:

r11'1 0 , 1 111.•1-0.:,- en1111,1 In mill or 1.1 ,,..•

!•riiefil..1 her^in All., e .10E441. •11OnItl IV , r...c. , 7. q iiinlool with lilt 1 .11,1.•iel wi•11.•

am,. ;Ind o - ., 11.'e:P , Il 10 in . Ivoio.1 ins l'.1i; 1 eil IP P•olo 1 . Y..., r 'or-nein': with .hr: for llin •1. , nod bronrit. of ilim Vtir•trii.i

which r.11:111 by viring of illn :-.(oro•ini.1 1 lotool ' 11111 No. 1:11 HO :11110ento,1 by '.., ro,. ; •enki• nly. 0( lho Itynnt.hir tiro. Iconic 11111 14.4, Bli. Filon be entitled 1. Extraordinary rrinin two 11:1 mill*, of olnIn rwl tn• ••••:-. owl tiro Second moot tax now ln‘ind and en1lentna by :.•;los.tun •• of 1962. oil Of the cnuntioi which boe;nron a T , Ii IT 1, 1 1 1ATIll'ilii 111.4'1) .1.‘ i ED, 1.15:11 En rticioatin 11 roomy in 0 WA Diatrict. 0 duo rm inifioratirin of the Moulin., ...0 111.1.1;01.VV.0,, 0.1...1. tunion tho tncl...•1.1. of certain (nolo 1 .1.4nnlion!. ihni.c nvoln ntnilnhin by the I this rriolution he pattliahett for three tit't conareative weektt in an Daily nutCarp of Entitiorcra, that : :;i'. F. 1,-. the .v:1311.1' rind limn no Iwo i.ind by 1 10..:.., 11111 No. 0:11 nail 11,n,ol. 11111 Ni.

4

i0

ho• t ntin." any noon: If. 1.1, in nor•. *K:••. h. 1.....,,•,,,n,, ul........11. anti not ,011011. Ora( e...1 on Vehranr:.,

Chi-, 11in fg.lt (ini,y .

of

C. NV. 1'.11(lit

PliKS1D15NT

O.

r :II. 1•(h. 11, 1g, 211

EXHIBIT 4 - 1

. .1.


.

.•

.•

.

DEPARTMENT OF ;UST:CE 40e:i. PATTC.F15ZN 1 ATT.wiNc.'Y LICNgFlokt...

31.2,

t ,: 14-rj

DI8TknTS . •

2.6 1965

T'

To=1.-dim•bce District P. 0, Bo::• 915 Tupelo,

Pound Valley W -t- a-two

• Dear 1.1r. Pv'rld:

1.

• ••

r■

,

_

..;34

f •.

- o-

)''tr•F'S

T-4

T

1965, as follows: _ . . . . . _ u lde are making plans to. . sell.so=e cads in the very near future and arc tryin3 to brins• all ouz files in every •- . county uQ-to-clate 'with info=ation to show.that WO 1.1.ave -. , _ , a lecal.dIstrict co=2:-.-f.sing tea counties. • . • . •-,.~°' lezal poi'-z -; has becnraised as to Alcorn,County bein3 fir.... . le2,a1 part of n_ L':-. %.:. -L....J. :_.;.- L... .1. would like to call yo= attention to the . -`'ollow:ng: llouse Bill No. 179 Ile-ular Session of 1962 ,:'..andcd' by 1.-ouc :-3•'11 No. 55 Second .• L:c.tra,,rdinary Session of 1 96') and Mouse Bill No. 793, .. . • .1,c; :ular Session of 1964, Section 4. 'All o the r,uI:Lic acts and d'ecds of the boards' of su -Dervisorz of the eu.inz -7 cs ;. of Alcorn, I.taw=ba, Lee, Lo;:' des ',:::on roc Pontotoc ..-zen,,i tios and TichaLinso in rezerc to lx., coz.In3 oartie.;.oat..n .• • th-, Tombiribce Rive:: Valley Water :,:anaL;czent . • . countics.in . . . .,..,.....L.--.. i... ."?... . „ , under authority of Chapter 224, Laws (p.': 1962, i, , ,....„ amended, and.all of t::'_::oebl:Lc.actS and deeds of t::..3 L'.::: - : . , of dizooto=c; of Ida...,- dlx...7:1o; zlzo ac...-eby ',-.12,2=ovea, col,::—..-,, •

-

• ti

.

.

. — .

.

. .

.4

' .

.

. — •

• e

,..,

..

,.

1

,

,


• .4 .

••

.

1-.:cbrue -.-y 16, 1935

railied in all resPee',.s, and the Losislature hereby („:.e.,arat that the Tw.;bi-bco River Valley Water Z.annement D.:strict 's duly created, or , anIsea, and c:cistqng as a= o: a3oney and body politic'end corporate o' the S':. :+.0 o2 aad is vested with all of the powers now or heretofore enacted relating to said district.' "1'7 -7 11 you please. ;P; .eve MZ

yo= legal opinion on'this point?"

The underciL;ned has e.. ,:amined the ori6inal act aac: all a=ad.::.cats thereto authorizing the est-bli-bylent thc Tombi2,boc a .'ver :Valley Water Management District and is familiar with the tory Procedures and the acts aad deeds of the 2oarcs of Supervisors of the several counties that ere required to be participatinz . counties of the District, and have ay:a:A 4 nod the Distr .'ct's oapril 17, -1963; held in' Tupelo, Mississippi, also. ny virtue of' • the foregoin and Section 4 of House .31: 1 1 No. 793 (ChaPte . --: '?.51), L aws of the 1964aegular Session, .'t ,:-is the opinion of this office that Alcorn, County is as much a part of your District as aay o...1.-.._ count 4 es; al hough certain phases of the statutes vary with c which are partially in. the To -cabb ,. -.--, rivoz: 1.1a -" e-•.a." ed Arca .'' -6 ,..... J ^ ,•.^% \J iWArl ■..N. ••••• " v . 1-..

1, •

With kindest persoaal rezards,.1 remain Yours :very truly,

**.

JOPATTERSON 'AcTo:INInf • , By • Attorney General •

cc Yr. J. C. V..11...:chcac.1, l'resident, Tonbigbee River Valley Water Manaoment D:st-qet c/o Bank of Tupelo Tupelo .

,

,

ow.. 4.? aim ir# 1 1 4.

EXHIBIT 5 - 1

....


• .

• r. • •

.

DEPARTME.NT OF ;HE ARMY goalLE DISTRICT, .CCRPS OF NGINCERS ATTACii:.2'NT S.C. 2.6 P. a. BOK 2296 •

14091LE, ALASAMA :19501 -

Irr REPLY fiEfin

9 July 1969 ••

4.

Mr. Thompson Pound • Executive Director Tombigbee River Valley Water .Management District P. 0. Zox 915 Tupelo, Mississippi 38801•

••••

■■•■■■

Dear Mr. Pound: Reference ismade to your letter-of 24 June-1969 relative zo . the location o 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, £4th Congress was based on early county maps of the area with no delineation of the topography. This basin map, 43 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 topograHy delineated which were prepared later indicate that C. , .e Tombigbee basin extends northward virtually to the Alcorn County line at the State Route 364 croSsing. 0n this b.1 -.sis, all drainage froM Alcorn:County a7pearz 1:3 • 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 draina7e. from Alc orn County enters the Tombigbee River basin. Sincerely yours,

COL, Corps of District 2nginoer

EXHIBIT 6

r•,

rice s


ATT.P.Cr.r,...iaNT NO. 4 :\ :I Di:::CJAIr..M ENT Or•* USTIC."1::

Carr :CVO: 0.17.".1'1 E ATTO 1.Z 1:nr GENE ftAL ‘TACI:SON 30203 4.0.4.44'47..TANT Al? C.% i•N

.June 3, 1968

inTerIN

WILL

ASSISTANT

•.

0 •A .,,..AND

II

HULK/ .1I;WCOP.1 go Wu_ LIA.1 A. LI...AIN JOHN C. 5 -rOr■ C 01;111.'7.7'T W. G. COL.44•.AN co:, GUY N. C OC4 WALI.CY '

Mr. B. 11.- Fowlkes Pre:-.ident Tombigbee River - Valley Water Management District P. 0. Box 915 Tupelo, Mississippi 35801 Dear Mr. rowikes: 1 have your letter of May 4, 1968, addressed to the writer, along with your letter of May 16 delivered to Mr. Delos Bur k s 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 KOUOU 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.

"f

In your letter of May 4 you further request an opinion as to the legality of outstanding obligations that.have 'been inc,....ed by .the Tombigbee River Valley Water Management District Board of Directors. frankly, I 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 of such obligations has not been queStioned, and it is to be presumed that the Board acted within its authority in incurring same.

-

'2,oth of your requests of May 4 and May 23 arc, primarily, requests for an opinion as to the constitutionality of said pending Senate Bill ice. 2112. Section 3334, :viississippi Code of 1942, requires this office to render an official opinion in writing, when requested in writing, .to practically aul public officials, including "the legislature, or either

•1

house thereof, or any coMmittee thereof,", on any question of law pertaining to the duties of their rospective off.ices, and said section

EXHIBIT 7 - 1

[In,


PAGE —2w NT.. 4 A TTA

Towlkas2 Tupelo, Mississippi

-2-

:Tune 3, 1968

further provides that an opinion shall be rendered by this office to • "no otherS'2. •

Therefore, I am 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.

• .•

r

'

. 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 pre-' ''. slimed 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 de'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 d&Clare acts of the. Legislature unconstitutional, then certainly the Attorney 4 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

in accordance with the law authorizing the creation, of same, Alcorn County being one of those counties.

}


PACE: -3A.TTACH:41.1.•NT NO. 4

1.1r. B. H. rowlkes Tupeld,•Mississippi

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.

•.

.1

June 3, 1968

-3-

•••

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 scheme of financing provided in . 1 . 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 SenateBill'No. 2112 now pending in the legislature. • •

.

..•

Therefore, in the light of such limited authority as have been able to find, the most .that can say,with reference tlb the .pending act, Senate Bill No. 2112, is that its constitutionality appears to be doubtful; however, such doubt can oaiy-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."'

-

. Patt'erson 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

WHEREAS, on the

6

, 1969.

6, -- 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

A0-171

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

J4,k,e, 23,

Pib 7

and jut.,e,

3,00

—4kce: /965

4;(

/mi 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

1969, or at any time within a

E)dli:bit 8 - 1


two-year period thereafter has been made to or filed with this Board; and WHEREAS, by Resolution adopted at the regular meeting 4

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 one.half 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.

Exhibit 6 .-.M t.1 ,1r WT

r,


.•

The foregoing Resolution having been first introduced

„4.)4/5"),

by Mr.

who moved its adoption, was read and con-

sidered paragraph by paragraph and then as a whole. The motion was • 1 ' seconded by Mr.

/..). C.

4/4/J

and upon a roll call vote, those

voting "Yes" were:

5Co A I ii4 ).//

A c:.

17

Those voting "No" were: .

7.W. /49e A majority of the Board having voted in favor of the

foregoing Resolution, the president declared that the motion passed, and the Resolution was adopted this, the

7

day of

August, l969.

ATE OF

S.S1SSI?Vi

•Alcorn Coutzty

in clno

POT1'S JR,, Clerk of the Chohcery Cc.urt. I, W. 0. tlInt the fc.r...;..,4-.;.,r) , fully cr:.t and County ciforospid, do here;:y of the original of sqict in,,trurr..?nt, cr . correct copy record in my. the some -appeors cioy of • uncl-z:r my hand and scci P •6) 7? l- ez

Exhibit 8 -- 3

?

C'en


ss— rD

st/

76

" 00

7/51 0 1

,1

0 0

91

S Ill 0,

4.1?,.773 .1`)

1--

g.93 ... .._ _..... .s.9.3/ 9'473 ` . ._ _ ____ ___417',..!37...,.... . t74 . 780' 37;33/ .a7 . ..,.../).,///,4.3 _ 8r it•

g.4 8 7%. -

(.---

---' e0

z-).--

v .,-

--•

Ai

.24

37 31 354

/6, 88o

s;g7v. 14 A

1,,607

4,4-77 % 3

lei

4 )41 ,

/7

of

44. 74

9e

‘,747 .

S'

3 ,9

77/

,;3, .97

7

,08 +?‘'


/(42.-rilee-s-d

4/ Zry•

_

97

?

"Iil'i 9 LI 4

_

90

/..7,_994-1

L6'3 -

3

• / 00

/4-7,Ee,

/ 49 v, 9/3

_ 04, (re) •

EXHIBIT 9 - 2

• !'

! 'V

1 I '1 , '!1!!'

'

!

'•

-1-.•

a

7; s')-3, . 9


.c.1•4 1c,

1- ,31447 0_0 II c.i , I I' 6

r jvIC At. 4 LQ._I_76 'AZ 33 3 72-?,-.3

.I'.9 /0.3 /11 -3 51 ;1 q9 i

L

93

9/ -4

eig..3. 4_3

7/ 3

13

7s1 -336.'/I co 1 1 1 3Crq

.33G /0

3.

/c7.00

7`i Sl

117q.2.1qS

li „:•.-!'

C

T .3 1 7 6.78. c

i.

e 9-2 7 o// .

•.,

7P:6 3

• -

3: I

>114r.i. 9


73. 3 9

c,f

L7'

V.. Lb wLc s7 c. ./c7gg

i

/ 8.517_

/ /-c9c 11 9

9.

3

6-.6

/•.c

/032

_L

3,e44 e9 Sc. 1 704

II"


r

TAX (.0 LECTIONS FROM TRVWND MEMBER COUNTIES AS OF JUNE 30, 1973

•••■•■•••■••••■...

FISCAL YEAR RECEIVED

COUNTY

1/2 MILL LOCAL TAX

2 MILLS STATE TAX

TOTAL TAX RECEIVED

Prior to

July 1, 1965

ALCORN

$

$

24,960.22

$

24,960.22

1966

50.00

26,443.80

26,493.80

1967

50,00

28 i 151.22

28 0 201.22

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

$

Prior to July 1,'1965

CHICKASAW

-

30,401.80 •••

1966

-

1967

•••

1968

WY,

$

1969

5,390.20

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

• •

-

,

21,048.85

'17,432.06

.

r

" "

$

5,861.5 7

31,351.68

EXHIBIT 10 -1-

' " I

15,658.65

1970

$

'I ,'"

$

$


TAX COLLECTIONS FROM TRVIZ1D MEMBER COUNTIES

AS OF JUNE 30, 1973 FISCAL YEAR RECEIVED

COUNTY CLAY

1/2 MILL LOCAL TAX

Prior to July 1, 1965

$ 18,374.71

$ 24,351.75

1966

6,601.87

19,601.77

26,203.64

1867

6 5 823,16

20 5 951.62

27 5 374,73

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

Prior to July 1, 1965

$

1966 1967

'

3,512.05 S$

9,842.63

$

13,354.68

4,011.70

11,517.44

' 15,529.14

4,788.95

12,878.15

17,667.10

' 13,686.54

18,465.83

1968

4,779.29 -4

1969

5;547.49

15,578.99 t

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-

-I.

TOTAL TAX RECEIVED

5,977.04

$

$

ITAWAMBA

2 MILLS STATE TAX

1111 , 11.1

N


TAX

--,2c,CTIONS FROM TRVWMD MEML„ODUNTIES AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

KEMPER

Prior to July 1, 1965

1/2 MILL LOCAL TAX

$

2 MILLS STATE TAX

3,858.86

1966

4,386.91

1967

$

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

,

$

-

Prior to LEE

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 *

t 60,769.82

82,486.40

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

.

1970

EXHIBIT 10

-3-

II'


TAX

:..LECTIONS FROM TRVWMD ME:,

ODUNTIES

AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

LOWNDES

Prior to July 1, 1965

MONROE

2 MILLS STATE TAX

1/2 MILL LOCAL TAX

$

12,094.71

$

50,216.69

TOTAL TAX

RECEIVED

$

62,311.40

1966

18,385.14

.53,691.62

72,076.76

1967

19 ; 417t9g

0Q077..: 4

80,0g5 t 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

12,130.0(

41,913.86

54,043.90

1969

12,737.67

43,601.07

56,338.74

,

4

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 CL.2 --.!LCUIONS FROM TRVWMD MEML_L j- OUNTIES AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

NOXUBEE

Prior to ' July 1, 1965 1966

-

1967

-

1968

-

1969

-

1970

PONTOTOC

1/2 MILL LOCAL TAX

$

2 MILLS STATE TAX

-

$

6,622.77

TOTAL TAX • RECEIVED

-

-

-

-

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

1973

71 624.11

24,108.10

31,732.21 $ 115,611.24

Prior to July 1, 1965

$ 28,306,00

$

87,305.24

$

$

9,659.16

2,079.53

$

11,738.69

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

..

6

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

EXHIBIT 10 .5 -


TAX

:2ECTIONS FROM TRVWMO MEME

ODUNTIES

AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

PRENTISS

Prior to July 1, 1965

TISHOMINGO

1/2 MILL.

2 MILLS

LOCAL TAX

STATE TAX

$

1,640.82

$

11,276.34

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

24,703.1:7

$

36,544.56

$ 125,190.84

$ 161,735.40

$

3,512.62

8,832.68

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

t'1.1„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

Prior to July 1, 1965

$

EXHIBIT 10 -6-

!tI

9,635.52

1966

1966

r.

$

TOTAL TAX RECEIVED

$

12,345.30


.....-..

. .

.

- -

-:,L11

.

of

•6

now not:witin.th.c; .1.20mb •

and !

11

_

th:;

of 5 .11c

of.tho 211.-:Ict to

-

w:th. of of

' cr.;:,,nty c,na

7:orlra co;L:-.f.t;.. -::::11 -1:

to. scy

of1)1a:: w.f!.1)... not .

.

. EXHIBIT 11 r 1


.;

of 1;7A1••::,

1

of,

1; 0 .7..1 C.

"

"." \ " 1 " —"

t

.6 -4 ,C

.:P

"s)

r, 0-

'1'

• cos f a::: cc.,nt,f.cis

;Th.

EXHIBIT 11

I 1-1

:•;cypc i.han a 2/2 rivol vc.

n

'


ATTACJIAL:NT NO 19

A p7•51 .urT, Tn

07 71 77

Al-,coa

TDn";TD n7 ST,T77-rn:7'

,17EF,T47z517-p3-5-7., =R77G TURPOS17. P:7 ,r;nT)

7R020S:D V 7 77'7 0',! An 112C2P.ATIOAL 13:177,L3IT TCCAT7.D T77. TTT c7 T7 :77A 1-.1 17- ' 1Z 72A17121 77D Cr:C7,71A2 SOTTTH OP U. S, 7IG:TgAv NO. COTTF72 EAST„ DAM SITE NO 8 T:'•: ATCOR ,T 7 `,..7 7IPAS, 4 t ha- boon b . -owtht to onr attont 4 On th?,t •the '..Urectors of the Tombi3bee R: 7 Valley Wate r Mana • District aro 1.),-,ece-t;y con ,. .;.evor , inz, as a 1 "-r.?njoctt ,-, emon t o" a LocaD * rature„ the nroposition of sponsorina a rult Inle Purpose Flood Provantion and 'Recregtional 1 - "'scunbia River Waterslloa, Dara ScThevolopn No, P.; nont, in tho ..'.:!•o '... -0 Cro a k in Alcorn County, Mssissinly , ,. 1. outh. of U. Q . 1-7,17h:.;:ay ;*:0,.; 72; East ; 1 200 aces 4 . n the develoomant, consistinc o.a7pran'imate- !.; ••.t()00 acres in norml:nnt•wator; fl 00 czer.: in a to-,-,norary flood nool, dry recreational area for nicnics, camp- , 4 1-13. and etc. 200 ; to ac-es be used as pl:Lblic r ocreation for'citisens • . of Corinth, .ecorn County, and surroundinz?; area.• . ; WHT3REAS, the Board of Supervisors of 'acorn County, • • Micsiznippi is interested in this devolopment to provide more and better recreational facilities for th 4 s a ,. ; .ea. NOW, m T 7712 73FORE B 1,3 IT RESOLI T5 M that the Doar .i o' Su'se-visors1 of co rn; County, Mi ssissinpi does hereby so on record h Alnron3,-„,1 _ .....,.. 771I ....„lce, ,..-1 7, 06,0,..y, n , v..-,,--0 ;.- ndorsinr7! ‘,... ,,--,,, i-.., ,...; the Tuscumbia 2iver Watershed, nan Site O. 8. 2 in Alcorn Count y, Mississippi , sou th on Clear Creek, 7.71,-. n 4..' • of T. S. H' -hway 7 ' 0„ 72 -,..., -..., .1.0... rN.'.• , .... . ,. .s., _t_• ,., m • , , .„ o.L 1,11.„., .:onolleoe R'ver Water M'anasencnt District to consider znonorin,: thisIrza:Py nent as a Project of a Local Nature; -'evelop- l'

I': :1 1., • . t', ,.

IP

.

0 ...10

:.1. .i • II

.I ,.i

.-..

I • • .

4 .

4

.

....l ...

...

,.

,-. tl -L.

.:. .!i.t ,. it ii

.. t.,.

•—• .a...) .

••,—, ..v —,

......*

Adopted at the regular July, 1969, torn of the Suporvisors Of „Alcorn County., Mississippi, on this theBoard 8th. of 6.y of July,, .1969 . a •/ . •

Pa i-,-'s:EDr' •

,„,,.:•...

.. : ...•.,•:-:.. : ,.

!

-‘.._-

i;

....., : • ,.

... 4 , \O • .e,

.

i

•••••:. ,'

;. •-• .s,' ''•,:'.,, , . ..:L..., ...i........ • . , .q 4, i+ . ,,,1:1! ■10 ■

.

..a, ,, •...

1

,

...,...:_.

—I

-

....r, ' .•

a J.Zi,?—e-i

'.:.f' . • • 4 ' ..

!

lo

4

..V1

'

•!:.. • •

'

'

• ,

• •

" •

• •ri"';:•;

"

c .•

• ••

.1..!

EXHIBIT 12

-

1


A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TW13IGDEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPROVING THE PROPOSED rz,cop PREVENTION AND RECREATIONAL DEVELOPENT IN TUE TUSC=TA 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 recreational 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.

Ado7)ted at the regular July, 1969, term of the Board of Supervisors of Alcorn County, Mississippi, on this the 8th day of July, 1969." ATTEST:

5/ S.. D. Avers PRESIDENT

S/ O. Potts i Jr CHANCERY CLERK

(SEAL) EXHIBIT 13 - 1


AND WITEREAS, the Board of Supervisors of Alcorn County adopted a Resolution on June 6, 1969, declaring the intention of said Board to levy an an valorca 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, determines 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 grantel and approved and that this District act as Lhe 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 con- dition that the Board of Supervisors of Alcorn County proceed forthwith to levy an ad valorem tax of one-half mill on all taable EXHIBIT 13 - 2


property in said county and to dc posit 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

Mr. C.R. Cavinoss 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 • r.

July, 1969.

ATTEST:

I

B. H. FOWLKES, PRESIDENT

/ (

1

CHARLES R. CAVINESS 'SECRETARY-TREASURER

EXHIBIT 13

D

,

,1 1 ,1 4dAll•

P

-•, .`4•1+9 ,

,•.,

-

3


ti

r

BE2ORE THE MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD JACKSON, MISSISSIPPI

IN THE MATTER OF THE ACQUISITIW, ES.LaSE ,11: 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 14 I

I'

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.

ius

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-

Exhibit 14 - 2 r-

1 q-- -

n-TI-mrin!rtrr,T


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 cgPiQg of the analysis and Xepogt 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)

6

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

Exhibit 14 - 3 -3-


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 reduce to writing and obtain the approval of the aforesaid plan of development, and agreement in connection therewith among the parties and to do all 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

( IPresident

ATTEST: / Secretary

Exhibit 14 - 4 VIP

.


eF mi l,

"

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 STATE-

OWNED INLAND PORT ON YELLOW CREEK IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OP A.CONTRACT WITH SAID DISTRICT IN CONNECTION THEREWITH. .4%, •

1 WHEREAS, House Bill 503 asonacted 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, kississippi; 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" "I`

Exhibit 14 - 5


agency to contract for the acquisition, development and opera, tion of a state-owned port on yellow Creek in Tishomingo County, Mississippi. NOW, THEREFORE, - SE.IT RESOLVED by the Board of SuperVidOkb ih

Regular

StiSiOh

Section 1.

assembled as fbiltwb:

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: I

i

.

it

• •••

.•

• ■••••••••••■■••• ■ •1•.11 4

1 •

Exhibit 14 - 6 •••••••••••••••••■•■ •

--

'"111

Pr,

4,4 .

!

.

r-,


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

Exhibit 14 -- 7


a

° r 4.

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 follOwss

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 it

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 Thereafter, services

expenses of such personnel through training.

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

Exhib it 14

rIS. ' •

I•


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

•ahall become affective when it has been executed by all pattiea hereto. IN WITNESS WHEREOF, the Parties have.caused this

Contract to be executed on this, the 4th day of November, 1968. ..."-

tt r ........

,4 e

• C./ :

• •

TISHOMINGO COUNTY, MISSISSIPPI •

y

v *. ATTEST : 4 • /

•.'

BY

4

:15% ALCORN COUNTY, MISSISSIPPI -BY President

ATTEST:

Clerk ITAWAMEA COUNTY, MISSISSIPPI By President

ATTEST:

Clerk ' PRENTISS COUNTY, MISSISSIPPI' BY President

ATTEST: Clerk

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT President

ATTEST:

Secretary

"••'•-•"

Exhibit 14 - 9

-"• -•.•••••%• ■ •.-- • "


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

to- 4-gi, 'l fmoved

the adoption of

the foregoing ResOiUtioh, Which ifititibil was seconded by 8Uperl'iisor , and the same having

.4240-14. ■

been

put to a roll

call vote, section by section, and as a whole, the result was as follows: voted aye.

Supervisor Supervisor Supervisor Supervisor Supervisor

Whereupon the President declared the motion carried 1 and the Resolution adopted, this, the 4e,44, day of November, 1968.

Pr ident

STATE OF MISSISSIFF3 t Tishomingo County f 1, Robert D. Sims, Clerk of the Chancery Court of said County do hereby certify that the fore9oing instrument contains a true and complete copy as same appears of record or on file in 1:3ook -3 PaLle *P-5' 3 of the records or Tishomingo County, Mississippi Given under my hand and sea' this„,5,.,day

2i742--eA

A

dark Chancery Court of iisholuingp Wooly. itiissis.;ipo

• •

■■

••••• •••••.! • r

1 ,

Exhibit 14 - 10 II' , 111'11! .1r1 rT !,18.,, T


RESOLUTION OF THE BOARD OF SUPERVISORS OP 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 STATE-

OWNED INLAND PORT ON YELLOW CREEK IN TISHOMINGO COUNTY, AND AUTHOR/ZING 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

rivu-vorm II II

Exhibit 14 - 11 011•111.1,117,1


U

•P•

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.

andon 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 . ofsaidCunterqsingtheTomb RivrValeyWt:. 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 state4

owned 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

•I

I

31•V

4

1.• , ■ '

1


C O N T R A C T 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 state-, ownedilaprtonYewCkiTshomngCutyprsan 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 th 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

Exhibit 14 - 13


as.

a

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 i 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. Salary and expenses

Exhibit 14 - 14


a

4 tl

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

t-


Section 4. That this Resolution shall be effective from this date, and the foregoing contract effective when executed by all parties thereto. SupPrVi4er Ho L o 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 3, D. D. C.

Denton Little M. Uonnoll Ayers Mathis

voted aye.

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

SG Do Ayers President

W. 0. Potts 9 Clerk

31'ATE OF

rississirri

Alcorn County 0. POTTS, JR., Cleric of the Chonery Court in and for the State 1, W. and County aforesaid, do hereby certify that the for.:eDing is a true and correct copy of the original of said instrument, as fully and completely as the some appears of record in my office.

day af.

Plvon under my hand and seal this

Chancery ClerK

Exhibit 14

—

16


as

RESOLUTION OF TILE BOARD OF SUPERVISORS OF PRENTISS COUNTY, MISSISSIPPI, REQUESTING THE TOMBIGBEE RIVER VAY*LEY WATER MANAGEMENT DISTRICT TO ACT AS THE AUTHORIZED AGENCY UNDER THE PROVISIONS OF HOUSE BILL 503 AS ENACTED BY THE REGULAR 1963 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

1

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 1 is located, nor the.„adjoining Counties of Alcorn, Itawamba 'and , Prentiss has levied the f 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

ag9ncy

to contract for the acquisition, development and operation of said port; and

WHEREAS, each of saicli 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' 1.

EXHIBIT "C! AA

.

444, .1-•

Exhibit 14 - 17 4,1 1. •.44.

-1,4 , 4444.11p

I

• 4

4

op/


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 i 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 state6

owned 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:

S

.4 • 1 1,

I

Exhibit 14 - 18

Hva 1114

!

!


1

'.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 ' L ' 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,

WHEREAS, the parties hereto desire to co-operate t

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 state•owned inland port on Yellow Creek in Tishomingo County pursuant ' to tlie'prpvisions of House Bill 503 as enacted by the Regular

1968 Session of the mississippi•Legislature (hereinafter referred

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 opera-

tion of the Port andiobligations incurred by said Board; and •

,„„„•,,.„„. ,

Exhibit 14

rftg : 7,1 , 1

19

1


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 1

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 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 it

. be employed elsewhere by Tishomingo County.

"01'1.1bit 14 - 20

111

Salary and expenses

I

f•


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.

f.

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

1

ALCORN COUNTY, MISSISSIPPI

BY

President

ATTEST: ,

clerk !

6

ITAWAMBA COUNTY~, MISSISSIPPI BY President

ATTEST:

clerk PRENTISS COUNTY, MISSISSIPPI'

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

BY President

ATTEST:

secretary •

• 1

.

L l •

I i

'

Exhibit 14' - 21 111 ,,,

11 , 1.1 , 1"

• ■


:

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, Whichimotion was seconded by SupervisorSam Jumper

, 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

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

voted aye.

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

1t.

day of November,

•.

1968.

-

.7) :' *• .41

.(" ;' •

iTh

: •

c ;10

't •-"! ' -

ton

• **. !.-

, •

7'

+

R

r

1.1

1

STATE OF MISSISSIPPI COUNTY OF PRENTISS I, GENE 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 ofwen under my hand and seal of office, this the.

11

Exhibit 14 _.22

N', 11P -T1


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

Vii ; MISSIBBIPPI LEGISLATURE TO CONTRACT FOR THE ACQUISITION, DEVELOPMENT AND OPERATION OF A STATE OWNED INLAND PORT ON YELLOW CREEK . IN TISHOMINGO ! COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SP4D DISTRICT IN CONNECTION. THEREWITH. Air

WHEREAS, House Bill 503 as enacted by the Regular ,

1968 Session of the Mississippi Legislature (hereinafter called the "Aat") provides for the acquisitien, development and operation of state-owned inland ports within the State of Mississippi, alias set out by the provisions of said Act; and. WHEREAS, this County under the terms of said Act is r

!

:empowered to co-operate and contract with other Counties ':•••+

and agencies for the acquisition, development and operation o ty„.. a state-owned inland port on Yellow Creek in Tishomingo Cry, Mississippi; and ., •

WHEREAS, neither Tishomingocounty, where said Port • is located, nor the., adjoining ounties 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,paid

counties have declined to levy

said tax and to enter into a Contract.au the authorized agency •

i.

to'contract for..the,acquisitionl 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 trict to act as the `authorized

EXHIBIT "D" Exhibit 14 - 23


agency to contract' for thoacquisition, development and opera-

. ti6n of a state-owned port on yellow Creek in Tishomingo county,' t,

r.. NOW, TpEREFORE - BE IT RESOLVED by . theBoard , of Super-

visore'in.Regular Seac ion aneembled ne followsi Section 1. That the Board of Oupervisore, acting and on behalf f said County, has and does now, deoline - to

y

the tax of tipm(2)mills Authorized by the Act, and to join with:.. other of said Counties to contract with other. governmental c . . agencies for the acquisition,' development and'operation of said state-owned inland port on Yellow Creek. Section '2. That the Doardof Supervisors, acting for and on behalf of said County, has and does now joinwith other:: I

'

.

.

O.

.

•. •of said Counties 'in requesting the Tombigbee River Valley Water ..i- .•

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 state•owned inland port. on Xellow Creek. •

Section" 3. That the President and. Clerk of thi Board

••

be and they' hereby are authorized and directed to execute for •

.:

and on behalf of i said County,,a. Contract by Fis;1".• id Counties as . Parties of the First Part and the Tombigbee,River Valley Water •",o . . ,

Management Diatridt as Party of.theSecond Part, which Contract ,i .. , • %...,, , , , shall beA,.n substantia5r ly the•following form,, to-witii. I ,,...k:i ,, : . . ' • „ .. 'T' , .•.- , I, k ■

I

,

ti

Exhibit 14 - 24 TP 'TWIN-1,, P••

:f


c0

E. T R A C

This Contract made and entered into by and between the. COUNTIES OF TISHOMINGO, ACORN, PRENTX58 and ITAWAMBA, MISSISSIPPI, acting by and through thelr reepeo4ve Boards of Supervisors, hereinafter referred"to as "counties", Parties of the First Part; and TOMBIGBEE RIVER VAALEY WATER MANAGEMENT DISTRICT, an agency of the State of Mississippi, hereinafter

,referred to as "District", Party og the Second Part, WITNE88ETH1

, WaREAS,

the parties hereto desire to co-operate

with the Tennesse lp valley Authority and the State of Missisuippi, acting through the Missipsippi Agricultural and Industrial i Board, in the acquisition,'devalopment i and operation of a state-. I , owned inland port:on Yellow CreAk in Tishomingo County pursuant . . i . to the Txovisions of HMIS'S Bill 503 avenacted by the Regular . 1 1968 Session of the Mississippi'Legialatuce - (hereinafter referred to as "Act"); and WHEREAS. Counties and each of them h ve 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 1 ' and the Mississippi Agricultural and Industrial Board for the 1 . acquisition, development and operation :of .'said state-owned inland . . port,.pursuantto,the provisions of said:Act,underwriting the opera. e , ' ... .,. ' • 1 , tion of the .Port and obligations incurred'by paid Board; and

• Exhibit 14 - 25


•

WHEREAS, District is willing to enor into the aforesaid contract a the request of Counties' and to undertake therein,

the obligations. required by the Aqt, ei4hject to the tome and conditions of thin Contract, NOW, THEREFORE, in consideration of . the premises, the Partiea agree as follows' rL

r

1) Counties agree that in making the appointments to the inland State Port Authority purauant to theeprovisions of 1 the aforesaid Act, ach County will appoint as its member to said Port Authority, initially and whenever a vacancy occura, no long as Diatriat in underwriting thi31 operational expenses and bonda of maid Port e a person who La 4140 A member of the Board

Af Direotor of the Tombigbe River valley Weter management ' District. . 2) Counties will copetruct or with the aid of the Mississippi Highway Department cause to be conatructed, the ti

necessary access roads to the propoaed'Port site and access roads to the industrial land to be acquired in connection therewith, Each County will bear the expense of ouchroade located within its boundaries provided, however, no County shall be required to expend from ita own funds more than 4i50,000,06 for euch roads. 3), The County of Tishomingo egrees to send a minimum of five County employees to an approv Port to be designated by the Tennessee Valley Authority to learn the procedure of loading and unloading barge cargo and to.pay e the salary and expanses of such personnel. through training,: Thereafter, services of such personnel will be made available to the Port as needed, and when their eeevicea are not required at the Port, they will be

employed elsewhere by Tialieingo county. ,Salary and expenses

Exhibit 14 - 26 •=

r


g such County employees After the aforesaid training period et.. •

•;

will be'prorated between the county and , the Port in proportion to the time their servioe7 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 WHER40F, the Parties haveomoaused this Contract to bo oxocuted'on this, the 4th day of. Ndvember f 1968. C, '

TISHOMINGO COUNT' MISSISSIPPI BY

President ATTES

: '

I

ALCORN COUNTY MISSISSIPPI BY i President

ATTEST; Clerk

ITAWAMBA COUNTY, MISSISSIPPI BY

.se,•■•••••,...1111.y.reMIWal.

President

•ATT

PRENTISd COUNTY', iISSISSIPPx . ; ATTEST;

1

'President

i.

?

'"'4 • '" TOMBIGBEE RIVER VALLEY WATER MANAGEMENT : DISTRICT

BY: •

ATTEST

Pxotaidexit.'

Secretary )1" Exhibit 14 - 27 -11 111, 1. 1.101,


Section 4. That thin Resolution Phall be effective 1 . 1 from this date, and the foregoing contract effective when executed by all parties thereto, Supervisor Hoyt Senter

moved the adoption of

the foregoing Resolution, which motionf was seconded by Supervisor Moloorrin:

, And the same saving been put to a roll. • call vote, section by section, And as A whole, the result was I .

• Air4 to47 4.0W13

Supervisor Supervisor Supervisor 5upervisor

H. G. Franks Willis MeFerrin

voted voted voted voted

RandAa Cecil Cody' Superviior Hoyt Pante),

aye. aye

aye aye

voted Aye

Whereupon the president declared the motion parried 1

and the Resolution Adoptedl thlis, , thel___ day of November, t , '', ;,!'. ..., ',. : 1.,:,c':; 4,'".: : '. '"..','- '•:: .. - ,.'1'!. -. :. 4.96 .. ..t , ... , , '.:,f • . -,•• '•';

STATE OF MISSISSIPPI . Itawamba CoUnty ' I, ARCIIIE CATES, Chancery Clerk in and for aforesaid state and county, do hereby certify that the within foregoing is a true and correct copy ,f certain P..,-C(1; • ...474,0 strument Ngi g known

/

.01-cas....e..ds)

-1 .(9•• 11.-sY 44-.• j!.../.-irz

z

as . spdear • oVecord • in .the records of this office Given ti er

y hand and scaly 19

• • '

Exhibit 14 - 28

•••• . '''''.• ••44,13.CI -III!-;,.c,AT ES .p11.11.1


• DRAFT 275-69

AGREEMENT Among MISSISSIPPI AGRICULTU:AL AND INDUSTRIAL BOARD, TOYBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT, And TENNESSEE VALLEY AUTHORITY

THIS AGREEMENT, made and entered into as of the

day of

, 1969, by and between the STATE OF YaSSISSIPPI (here..inafter called "State"), acting by and through its duly authorized azency, 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 (herein-' after 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


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, THEREFORE, 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

Exhibit 14 - 30

d. V


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-'

vided for in section 6 of the Act, and have requested District to act as 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 6

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,andias so determined that said security is adequate.

Exhibit 14

ti

-

31


II

DEVELOPY;ENT 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 embaymeat of Pickwick 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 terminal 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; approkimately 2,000 acres or more of land located along the railroad spur will be acquired by Board and sold for industrial develop., meat purposes. In addition, it is contemplated that certain lands iL:the immediate vicinity of the terminal now in TVA's custody will be made available for industrial development. $

The obligations of the parties with respect to the development of the project ,axe as.follows: .A.: TVA will: :(1) . Design and construct the terminal facilities consisting of a dock and mooring cells, dredged channel, and steel ti

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


•■

a improvements, including floodlighting, fencing, and parking areas.

(2) . Dosign and contract on right.ofwway to bo avoirQd' 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; (b) the lands marked in green

on

Exhibit C attached

hereto; and . (c) if, after purchase of the aforesaid property, there is available remaining funds, such • 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

5 Exhibit 14 - 33


•

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 availability 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 mapping,' surveying, title examination, and, *here 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

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, including the following: ' (l) SUrveYin6 df property and preparation 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


(5) Furnishing TVA personnel for use as witnesses in condemnation proceedings. Fon n11 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•TVA's furnishing witnesses as set forth

in subparagraph (5) . above, Board shall be solely responsible for carrying out any condemnation which may be required. In addition, WA 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 AID 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 •thetermi1

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 shall 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 requesting such

all

SOEViCeS.

shippers,. receivers, and common carriers 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 seledtion of the port director shall be concurred in by TVA, District, d

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

Payment of the salaries and expenses

loading and unloading barge cargo.

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

11 1 1 1'1 1 1

11


0

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 DEVELODENT 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.withpotential for the area.

10

Exhibit 14 - 38


VI LAND SALE AND WNAGENTNT TVA and Board will make a physical survey of all 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 7I 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 which 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

purposes without the prior written approval of TVA.

VII . 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


e

0

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 12-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 uncon-

. ditional 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 Districtshail 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 retied 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.


0,

0

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 shall be issued by the State Bond Con-mission 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 b e deemedto'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 fir8t 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 Misciissippi,

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

be determined by resolution of Board; provided, however, tL:t

as sh i

such bonds shall mature in annual installments beginning not more than four years

(4)

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

from date thereof.


••

0 he Attorney General of iississippi shall represent the SLate Bond Commission in issuing, selling, and validating the bonds herein provided for, and Board is hereby authorized to expend a sum not exceed. ing 45,000 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 DEVELPPMENT FUND 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 - 42


W law until .w.c11 t a me a. so44.

=3-QP.4;at,5 or (Alwr ecuri acs al4thord :

funds arc 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 shall 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 $15,000. (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

.


0 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 shnll exce d the amount required for car ying .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.

X

DISPOSITION OF 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

xevenuCs 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

f.


0 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 opera-

tion 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 .a bank or banks qualified to act as county depositories to be selected and 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 becommingledwith the funds of any other port,_harbor,.or other undertakin .

' A.

Disposition of Gross Revenue

Gross revenue shall be applied as follows: (1) To current expenses- of operating the Port Project, -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 rewired for

promotion, advertising, and expansion of said

Ekhibit.14 - 45

L7


facilities under normal, reasonable, and economical management as determined and approved by Board and TVA. (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

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

p11

bonds issued

for the Port Project shall have been paid, or upon

.which the amount in the Bond and Interest Sinking Fund hereinafter described shall become sufficient to amortize all outstanding bonds, there shall 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- .

as provided for in section VII hereof; (b)pens 'to TVA, as repa;yment of TVA's investment in the project and in lieu of any rental, lease, or other

i Exhibit 14 - 46

s


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

l,2-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 ther 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 construe' tion of terminal, facilities and railroad, including

Exhibit 14 — 47


applicable overheads; together with interest on the unpaid principal at the rate of four and five eighths percent (4.7.5/8%), 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 subsection 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 from gross revenues, and "net revenue" is 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 recuired 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;

20 .

Exhibit 14 - 48

=RI


(3)

To the sum or sums required to meet the provisions of the resolution or resolutions directing the issuance of bonds with respect to redcrzption prior

to maturity; provided, however, that if no such bonds be outstanding, then the remaining net revenue shall be used by Board for the improvement, o•3ration, advancement, development,, maintenance, and advertising of the Yellow Creek Port, or other area development projects iaich 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. :g'unds.defined in subsection A-(3) above shall be administered, by Board.

XI

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, shn'7 be

deposited in a Hind to be controlled and administered by Board and to be designated as the "Bond, and Interest Sinking and of the Port."

Said Sinking Fund shall. be pledged to and charged with payment of:

21

Exhibit 14 - 49

I I,


(a) The interest on bonds issued under this contract as such interest shall accrue.

(b) The principal. of such bonds as the same shall become ' 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.

- STATE PORTS FUND Commencing after the first year in which the revenue of the Port 6

Project shall be sufficient . to meet the requirements of subsection3A(1) and A(2) of section X, there shall be paid annually a sum not to exceed 000 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 :bard for the promotion, development, construction, improvement, expansion, maintenance, advertising, and general 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


e-7

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 Po r t. The amount to be paid annually 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 Poi-L.

.

XIII

BREACH OR DEFAULT 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 p11, or any part of, the.port and railroad facilities constructed-hereunder and may thereafter at its option maintain and operate said facilities until con' ditions giVing rise to the breach are corrected or,

in the event of default

of payment to TVA, until sufficient funds are accumulated to discharge F11 delinquent payments. These remedies shall be cumulative'and without waiver of any other remedies provided by law.

23 Exhibit 14 - 51


xry BUDGET AND REPORTS if

The Pot Auto ity' Thai j. 15:eepta=o ztd adby) aft annual bae&:t i614 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 practides. Board, or its designated agent, will conduct an arwual audit of the - 1:,00ks and records of Port Authority, the results of which shall be made available to TVA and District on request. In addition, Port Authority shall 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 full report of its work and all transactions carried on by it and a

Z"k11 ib

;

-14


complete statement of all its revenues and expenditures at such time and in such form as may be directed by Board. Port Authority shall famish

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

bog as any.bonds arc outstanding shall furnish copies thereof to District.

XV h\ISURANCE 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; windstorm, and extended coverage, to insure

replacement of docks, bUildings, equipment, or other facilities damaged or destroyed. Board Will, 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 DEFICIENCY 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


• •••

0 and next by District from any funcls available to it. They shall be general obligations of the State of Mississippi backed by the full faith

and credit of the state, and if the funds c.vailable to Board and District shall be insufficient, to pay fully at maturity any installrflent 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 the draining or dumping - into Yellow Creek or Pickwick Reservoir of any 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; p2o-

vided, however, that this provision does not prohibit political activity in connection with:

Exhibit 14 - 54

26

V117111'r'


• -.

1 0

A. An election and the preceding campaign if none of the candidates is to be nominated or elected at that

election as representing a party any of whose candidates for presidential elector received votes in the last nreceding 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 l affect the r-ght of Port Authority employees to vote as they choose and to express their opinion on political subjects and candidates.

XIX COIQUANCE 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

is

11


0

*„

XX RESTRICTION OF BENEFITS otj

woo

di

dtu13 a8drit 3 O

omployoo o TVA 3 3oard 3 Distict, oz,

' Port Authority shpll 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 corporation contracting for its general benefit.

)0a

The terms and conditions of this contract may be amended or

changed by Futual consent of Board, District, and TVA except as otherwise specifically provided in the resolution or resolutions authorizing the issuance of bonds. IN WITNESS WEEREOF, the parties hereto have executed this day of

instrument in counterpart on this the

,

, 1969.

MISSISSIPPI AGRICULTURAL AND DIDUSTRIAL BOARD

Attest:

By (Title)

(Title) Attest:

TENNESSEE VALLEY AUTHORITY By (Tit17.!)

Assistant Secretary .. Attest:

TOMIII01EF, RIV1M VALLEY WATEI.7 MAiNA•E.NDENT DISTRICT

(Title

Exhibit 14- 56

(Titl e)


9'

'

RESOLUTION REQUESTING TOIBICBEL' RIVER VALLEY WATER

MANAGEHMT DISTRICT TO FUND A PROJECT OF A LOCAL NATURE ON BEHALF 07 ALCOR COMITY WHEREAS, the Board of Supervisors of Alcorn County, Miss-

issippi, 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 project,, 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 co the Tombigbee River Valley Water Manageent District to be used for the purposes specified; and to date a relatively snail amount of these taxes have been used for projects of a local natur e: • .:in Alcorn County, Mississippi.

(d) The Tennessee Valley Authority has prepared for and on behalf of,- and pursuant to the request of, the Yellow Ceea State Inland Port Authority a comprehensive plan for the (Icvalr.

EXHIBIT 15 - 1 • 111 t 11 , 1 .


of the industrial properties now owed or hereafter to be acquired by the Port Authority in Alcorn and Tishomingo Counties, assA.ssippi, 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 foulid 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, cud 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 Piver Valley eater Management District to finance this project as a project of a local nature for Alcorn County, Mississippi. 140'3, lumuoaE, r IT lIESOLUD by the. Board of Supervisors of Alcorn County, assissippi, as follows: SECTION 1. The Tombigbee River Valley cater Management District is hereby requested . to make. available to the Yellow Creek ;EXHIBIT 15

-2-


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 dis posal systems, including the hiring of qualified experts, the drilling of test wellP * the performance of necessary studies 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 di-

rected 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 Boards 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.

7XHIBIT 15 - 3

!II

ti

14,1,61P1

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

V 7-1

at pages

335--

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

;,-

day, of April, 19730 6 /F

CLERK,. 'BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

EXHIBIT 15

- 1-1"-" •


Co:->y of Original Is.

''

" 1- STR 7 CT, MOB=

3oulcv,,c 230 1 Mobile, Alabama

ATTACHMENT NO. 9

.3: ■•••

„„

,.•

, 31 January 1963

Refer To: In SAL....-AP Glover Assistant 1..dministrator Te-,, cssee-Tombigbee Waterway Develo7-Pnt Authority City 1-;a11 Build i ng Columbus, Mississippi Dear Mr. Wilkins: Reference is made to our discussion, during your recent visit to Y.obile, in. regard to House Bill No. 55, which was enacted into law by the Second Extraordinary Session of 1962 of the Mississippi Legislature. This action has the desired effect of providing legal authority for organization- of the Tombigbee River Valley Water Yanagement 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 pro7,r ess to date in the creation of the Tombigbee River Valley Water '1:,anagement District. We would like to know the names of officers, when an election is held, and: the person ar4. address to whom correspondence may be directed, in order that we may submit a draft - of a 4esolution 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 .t:ken in Alabama 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 coordinating the efforts of the affected states, it is requested 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 Y.issisSippi, particularly since the Alabama. Legislature will convene this year.

EXHIBIT 16 - 1


1 'A ";;.:. -2 ATAA Ci 1:12..NT NO. 9

31 January -1 963 • Mr. Glover Wilkins no for this project were contained in,the :reident's 1-'cce=cned bu6zW6 for fiscal yeclx 1964, funds can be adcler: by Co:--. The rec.uireents of local cooperation - must be met before construction can begin. Your early advice in these matters will be appreciated. Sincerely yours,

YELVTN W. DOVTTH Chief, Accinisition Branch Real Estate Division


"RESOLUTION ADOPTED DY TOM:9IG1--3EE RIVER VALLEY WATER MANAGEMENT DISCTICT", WHEREAS, The Tennessee-Tombigbee Waterway project was authorized in the 191.6 River and Harbor Act in accordance with a report transmitted to Congress 21 February 1946 (House Document No. 1486, Seventy-ninth Congress, Second Session); and WHEREAS, House Document No. 1.85 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 supply 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 Disetict hereby pledges its full cooperation in the project and grants this assurance that it will within 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 ar.encies of the State or County to provide the required construction, maintenance and operation) ; make and maintain at its exper.se alterations as required in sewer, water supply, and drainage facilities (either by itself or by making satisfactory arrangements with other State, County or City agencies or corporations or private persons to provide and maintain the required sever, water supply and drainage facihtities); assume the cost of operation and maintenance of utility crossings (either by itself or by making arrangements with other State, County, or City agencies, or corporations or private individuals to assume the cost of the operation and •maintenance of required utility crossing); provide and maintain 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

25 day of

March

, 1961..

(J. C. Whitehead. Jr , President) of Secretary Evelyn Ray Tombigbee River Valley Water :-Lanagement D:sotiet, certify that the foregoing Resolution was duly passed as recited therein, that the foz•egoing is a true copy of same as it appears in the Minute 7...=ibok at page . vol. I of the records of said District. (Signed)

(:.1"rs.) Evelyn Ray

Mr. Pounds also . presented an excerpt form the Minutes cf the meeting of the State Highway Commission :-:arch 10, 1951.. '_his excerpt is hereby made a part cf these mlnutes, since it very vitally concerns the Resolution which preoced.s. The original copy signed by • • the Secretary of the State Highway Commission is found in the files of this association. -

EXHIBIT 17 — 1

!


, ■ ••■•■•,..........,

ruder.. rwarer,

I

I

i

IQ,-0I,-,

C:" ..

CI

C...

0

CD

CD

). 67-. .-

Lr4

Cl).

c ".

O',

■--;

,

.1,11,,........yre ereirre.

..•..

c:,

CD

C .)

C]

C7't

•7',

C.1

CD

CD

CD

CD

CD

CI

C, ED

0

ON

0:

••• :

Cr

CD"

r--11

CD7

.Z..

C....1

rj‘ 4..)

0 "'.‘,

1,0 Ir.

' 4 s'1• CC..

Ur)

0.

CD

:3

.`-4 --

F 4 -

.

co

a...g r"

`" .--,

.

r-

cA

::.

' ...

r:,

,,-.■

CD

C.-)

,..-7

o

•1 CO

4

u..

C.:. •-••

a54

<7; 1•CD

u

• -•-• C.)

C.,

'•L • .47.5

Co

CD-.

.17

..1.

,

C: F

t 1 r.

CD

IID 1..11

C-

C., r .•

P.

IC :.1

,

I

c-,

ft i fr,'; ID,

YD il C0 .4-51 CA

C-.. va

...-■ ...,

0

GI

1

4'..")

CD

CD

CD

C.

CD

.1.7

C:

ri.

CO

CNT

.Ti

ON. C•4

Cr. 4.4,D

••••• .5.)

4 -• 4;a:

.45 .41

(.1.

c.--)

CI

<D. •.. sr 4fD .5..

CD

r. I

0

‘...,

CD' •-4I

1

1

C') .

s.,.

r•-• 01

.

. Cr) 0,

Fri

co

0

CD CD CD ....; •40

t`

.

. r-4

•.41

0-1

CD C.

:CD CD

0

0 1r1

0

r...

tr;

V.

4-.1

4--1

0

cp.

cr,

1,4

0 G.) .4--..

0

0

co

Ca r

CD

0 C.D

CD CD'

C 1: CD 4.3

0 ,9

..g.'

c:‘ tf

o

re'

Cl)

4441

C,0

0

4,, 0 CZ.D •

:..4 r17

C -CD 0

0„ Cr:...

.0.. 0.1

CD C., CD

I"-

..-1 "I"

c,

Cri-

C. Ci CD .

.C.., C.> •

.

...., 04

•Z)

t'l

4...

4,4 0,1

C:

CD oC.7 C.,

0 OD Lo

C•:

CD

C.::

0.

ct

r

CO

L. ..'

.--- " I:

C?,

CD

r

CD CD

:

co

C

1,

ON

4,7

CI;

44.1"

CD CD 0

CD CD

C) CD

42: CD

C. . 0

• 07 VD

r r.-. C•4

r-• VD

.

11 , 0

.P1

ni

.

C;

11'

CO

DID

C

C ,..

f-.•

L', , .1 C.)

..

C4C

GNI

fee

CD .

Cy. 41.

•.d.,

...0

, 0>

LID LCD

0.-,

, CD

CD Y . C.

....I.

n O U

'LC, 1.-.•

iE ii

C•-4

C.0 .

GA

CD •:;)

Li)

4--•

....7 C0

... •

ril

'4

-..r

co

OD

r--1

Fs*

EC;

C.

C4-; C3

'

'.....)

,c.•

day

-. Cl

co Cl) -•......E....:;-,-..t.......---'-.cP .--z.5-z.....-.-•,:,..r-0-...-c_-..--c--•rs-. 0 CD co co ) 0 0 c7 0 0 P C) c- S' 0 0 0, 0 0 0 0 co, CD . CD 6' 4D Q C) . eg. 44

0 0 ...

C.- A

.

-

..

7,..

C.

CD CD C-D ..

..0

C. ..D I

......

e•

C,

ci

.1-•

......... \.... Ca •

r•-I

F.

40 C) 0

.).

L.

r-4 s.1" CF •.) 01

-•

C .1- ..}

CD

a•1

N

C•'7 GO co

CD

-,-

--r"

474

C)

C.)

r-•

.7. 4.

...74

. L In

C .1 0' 4

ea

04 CD 0 CD

C.-. .1-"_]

4-) CD 4--1

4,1

`N.

.

f.

ir.-L,' 0 01 0 ' C..) 0 ' C.

r•-•

F

CD 0

0

414

••

r

0-

CD 'CD C) r C. a.

. i',• ;

...

En Ft

:• •.:

,

OD

I

C....

••

:

,.... ")

•-; s. c 1'4 07 .--1 1.7 (.4 .. 1..1

.

..,.

_

...._,...

)

•••

?

',..0".

C, C) C)

. ,,••

(...-:.

C,

, CI

il

., C.....-

•-•"• 14D

CD

I-4 0 .i."

.i

c,

C.15 C.i.

c....i.

Cl

.,

C....,

c.:.

C7

ca

r..-

,..,,

n-

i •1

0

C)

-

-

"yr..., ........y roar,

c7)

▪▪

r C2

C) CD C) CI

CD

.-1

ea

ca

4

C.,

c,

0

C. 0

45D.

CD

ca,

CD

.z)

C)

O-CD CD

Ca

c.

CD V)

07 C;• ' : •••:.

OD

CS

,.

W.-1

C•ii .

0-4

4•0 .

0--

C0

LID

CO

Cr/ C•11

CL1

sD +7'

• ••'1

0

C•41

4i;

0

'EE _tSECTION

1.•

L. ,.

••

C, CD 0 • CI 0

c>

0 1-•

0

CD CD

CD

..-+

en

.. •

• •c...

OD

4..1

LO

,

-.c.•

t.... '

V

'..., VD

••••••

CD

CD

CD C) CD

,r,...

07

.1:7

C.:

C•1 to

440

C.)

2

0

...

CD

l., -1

••

"

CD

' 1..'

.•

1•

.

I")

1. 4

0

CD . ' 0

CD

::

0 . 0 1

051' VI ' OD

,•

0 CD

C. • CD5!

Q. :-.7, lac)

" 4.4

C7

-

4. -• 1•7 C1 04 575.

Cl 0

O0

.5.

•-•1

is

0

0 C> C.,

0

O •

c7; N

...

.•

.

1/40 ,..I•

W

C>

0 • 4.•

0

0

C> 0

0 CD

0 '0 CD 0 0 . .0 0 .. 0. .0 .. . . . co' . fp:. 2 ,. ,..,,3 cD" C7 , ...„;* .. 6.

l'.-Cy?

' COC.,

c4.

. ,..,-,

ri . , 0

. ...=.

.

Cr)

r-i

.

.....4..

r-.1

CD .0 0 0 C.

• 'C.-,

0

c.

kri

0 CD

rcsi

CON. , .... ...-,

0 ...->

0

0 r-,

0

1

CD

cf

0 •-2

0 "--7 1-. .•.) c" ,

t.

C. • co •

+xi

..,

0 .

... a..

c•-) (7,

.-4 •.a.)

4.ri .

,... D • %

C>

00

r-4

c--::".

. ••....,- s .--.'

47, •

7

' `.4.-

"

.

ci

, ....). ;.,.

.....

.....

.

. CD

••

ri

Cl 4'.1 al C) a:.

L. C) C;

Cr

0

1.

II ta

b

.

'

•-•:-.• ....

EXH1131T 18 - 1 ° 1 '4 ..777

!

....h

1...

L.

0

0

.....1

C.:-:

4-1

C'•

(..,

.--,

,...,„..

;r1 0

.

o

.I )

V.i

.

al

....i:

'

a i:;„ • 4.

.

41 ••57

'

ri C. I.) • 14 Cl

CD . ,.;_l

'

1-0

ED

. Ai

c

:•

o

•4

3 0

4 C.

r:

• al •••0

0 • 4-1

. 4, . 1. ..1

.

G

a.

.

Cl,a,-.; .i... r:

541

• ell

r!

(..)

•H

1..• 4J

4.-'

c:.

...0

ii 4.) U.

co

.... ••-• 4.,

.T .,

....

C o "••• •••

• .

.

CL:

4,4

Co

v

.11

••••••

I

▪ d••

.a.. ••••

...

..

•'

aizi

. 01

' ." :

..3 •

.41

1... 0

GI • re 41 •-t..1 41

..4

r: • ..

•-> 0

4,4

r., '

4.1 ,

1-•

;...)

.,

.1

..)

• 44 di 1.1 15. *-I 11.

', •

, -, '‘'.I• ' . • r... .:...,

C•

CI

4.1

c... c,

• al 51-, :1.1.

C•

CD

:..

L'1.1

2

.1 a-4 4.1

•4

• M• 4

C

, ' .;

ED • D4 . • ..., • r4 •4•4 :r•-I U d LI-4

4

••

Cr GI _

,J

:

• el .44 44 ,4, .0,1

JM

ao

.., ..

...., ..... • a4

...7

0

a;

v.

•••.`,

C-

C.. u

(.7 1.•

••

a.

''''•

.

11, r

u

C.

.

. 14641.'"4'44ie.Fr

%..„ . ..,..... wartWixogozarward4r.4..44.4.A.A.utraar.m.4.1.41.0.404tErmEaR444:0„.Ig

rii44F6T

i■

TV"ii■

ii,

"Wi•} -71i4•74i'L'Fi;71,";••+4-4;44.--41a7+1 144 *-4441.1,44irivaiNVO`""•7''' ' 7":""'""

.W4L7.=,4=C4.•,}3=3,g,

"'

'

r


ii;1CMPIiI:3 OK; Tit/CT. C0141"; OV itutt.DiNG

6G0

McmPtil5.TcpiNE53r.c

.

iN REPLY AUER 30:

.

.

acoo3

—'

- 5 February-1970

IMRE-A

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

' Dear Mr. Smith: .Reference is made to your letter dated 27 January 1970 regarding the liatchie River Basin Study which was delivered, along with copies of certain of the Mississippi State Statutes, to this office by , Mir. 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 Hatchie 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 co:.1pleted 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

• .

Ma-11BIT 19

"


r

v.-.

LIT,I1113-A Mr. Jim Smith, Member

6 February 1970

• • to 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,

g • ezin:76 CHARLES T. WILLIAMS Colonel, Corps of Engineers 'District Engineer

EXHIBIT 19 — 2 •

"11...Tql ,,T1191• M ,,


ATTACI-1;.;liNT

11

1.0CAL COPE::.ATIN •OR .. /Ei:AL, :''RCX.:EGT-IGVE1ENT RIVER AND TIBUTARIES, XISSISSI2P:". AND ALABAMA 3., 6 ..FLOOD CON -AUOL •liEREAS, the Flood Control Act of 3 July 1958 authorized the Secretery of the Army to imrove the Tombigbee River a;ld Tribu'caries, :::.ssissipi and Alabama, by means of channel clearing and rectification on twenty-two tributary ,roz.(fts for flood co-

purpo6ca in acGordanco with the_ reco=u ndation8 of the Chief of. Engineers in House Document numbered 167, first session; and

Eighty-fourth Congress,

House. Document No. 167 provides for: improvement for flood protection, consisting of channel clearing and enlarge- • ment of existing channels, and. construction of new channelr; as generally described in House Document No 16) for 'JA./ty Xile

Cceek, a tributary of East Fork, Stanefer Creek, a tributary of East Fork, Big Browns Creek, .a tributary of East Fork, Little Browns Creek, a tributary of East Fork, Donivan Creek, a tributary of East Fork, Mantachic Creek, a - tributary of East Fork, West Fork of the Tombigbee River (Old Town Creek), Buttahatchie River, a tributary of TTombigbee River, James Creek, a tributary of TobiSoee River, Tibbee River, a tributary of Tombigbee River, Catalpa Creek, a tributary of Tibbee River, Sakatonchee Creek, a tributary o Tibbee 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 Ceibutary of Line Creek, Ti; :c-, Cane Creek, a tributary of Line Creek, Sun Creek, a tributary a of. Trim Cane Creek, Luxapalila Creek, a tributary of Tombigbee River, Noxubec 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, obile, 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 the requirements of Section 3, of the Flood Control Act of 1935, ,and Public Law 85-500 of. 3 July 195S, prior to construction, local interests agree to:

a.' Furnish without cost to the United States all lands, easements', and rights-of-way necessary for the construction of tae '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 free from damage due to the constxucLion works.

d.

Prevent future oncroachments in the improved channels.

a. Y,aintrLin ral the works after completion in accordence with re g ulations pre::“ ..ed by the Secr et ary of tha'Army.

EXH. 20 - 1


;:0-

of

wor 'x,

Or

the wt.::: cost of con.:;t:ructi.on, Crle con;ril -.411:i(m Cl()tliLLCIS proviu , !d LT Hco bi2 :ipportioned on a pro-raLa basis usin Table.7 and Table 9 of thei:: , port of the District Enir:eer in Ho..isc • Document No. 167, Eighty-fourth Congress, - first session; S1,473,060.00 'oward

furthr that conStruction may be initiated on any portion .c;nd p;'ovi a • 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

UiEREAS, the Tombigbee River Valley Water Management District is .ritally interested in the proposed work of improvement, and desires to fully cooperate with the Federal Government in the project; NOW MEREI, ORE; T,E IT RESOLVED that the Tombigbee River Valley Water Management 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, ease-.' ments, and rights-of-way necessary for the construction of the project. b. Make at their expense all road, highway bridges and utility changcs,,alterations, additions, and relocations necessary for the project. c. Hold and save the United States from damages que to the construction works. Prevent future encroachments in the improved channels. •

e. 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 of S759,700.00 which is the pro-rata share of the total cash contributionFr $1,473,000.00 required for the portion of the project in the State of Mississippi. 4

Adopted in Session this

)

/

7

day of

,

7

r9(5‘?

President, Tombigbee River Valley Water Management District"

(

From Minutes oll'Quarterly Meeting, August. 23, 1963)

.EXHIBIT 20 - 2


Pi.-zacE,•;ENT

cons ideirfd iribniciry sircanu;

(0,)J3 a rid 1)62 6,i:e4

TA 111.14 .1'.....-H.•1:11,(7i'e6! 0.nr.it .

1111 tilon.,...m13

11011.,c41

.1/4::111:16 ■■■ •;w:ii.: I p I No.:•Vo....1,•;.%...1. 1 1 1 I r) a:031.'0 I 011.111r O. 1 1 1n / ill 1..:;.!, 1 Ti7t:Iii WC' A° ha

..k n 3 .1,•..1 C.i:.,7,:vii

'

'Pro;ect ,■

I ''INI.• .1 t -.11 I

i

t

i

I .1(''' ' ,• i ToI31 I ' "' n ''' . .1.0e.0 1 0 •

CI:G.0411:

1.:.:•01 i,...;' 1 .'.... C; .:....k. ';' ,......v ,1: ...11

3 .1, f1' 8,3 .1

1.,..: 411,,,,e,2„ ,. f.";•;. , ek,..I I,;(1,1.• /it 0W112 1

7. 1 2.2 1 2.4

Cri•el" I 110.qe;•11 Ore ek..........1 :Mont:telt:4 Creek...-.

I 110 . I 2.2 I 1,1

1 ".:',..1o1 1 3.1 I I 0, 6 I 2. 7 I

:.:11. ,. 1, 1

52. 7 I , 0. 7 11.'1

1 :::',... 0it.;

3.:5 !

01.01

2.6.1 ;

0. 2 I

I 3. 8 i

12'; ::::.

. 51.7 17.2 111.7 I 7.1.1 I 41'. 3 I 7, 8 11 7.1 IJ •,..1• 1 Lt. 7 ' 13.1 I

36,• 22.7 140.3 240,2 0.0

03.4 2 , 1.2 1111.4 160.2 .;o.3

0.0 4:1.6 3:61.11 301, 1: 02.5

1.35 2. :'•,.. 3.01 :1. :•7 1. i',2

11. 7

M.1

40.1

3,60

4. 0 10.4 11,11

S. 8 0 , ...1 112,3

13.7

- 2-0.1 4,1.1 3. ;61

341. S 11 l.0 1 103.f 345.0

•61.0 107.0 37,0 56.0

5:0, 2 57.7

2'.•. 0 3,0 3.11 - .1. .1.0 6.2

10.7 4.0 4. 1 , 9 7, A 7.2

Tolal :or group 4 177, 6 Ciroe.p 51 Lutap0.111.% Creek 37.5 2.1.S I I row,' 6: N.001/1 we 1411. 6x..-13'). 0 Croup 7: Sixtly 11 v0'

107. 2 21.9 711.8 213.1

16,2I IA i ' 2'.. 8 1i.. 7 ;•. 0 ' 2.2 I 1.0 1,11 1 2.. n 1 1.11 I ' NI, 6 10,0 60. , 1 23.7

5S0. 2

324.1 1,073.2

510.0 -

1.03

2 ;7:3: . 0:1,1 211. 3

2' x.1 7. 7 :.I.0

Totea

1.71

6'21 , .51 17.4.1 0

211.1 41.5 le'..S

Group •: Tihher. Liver. C.61.61;01. Cree'4.„. ........ 0•; „%.,....:,..1 lee Cree; ,11- 0.:1101, C.I.eek ;,,,::e 1're..1c Ne.0..1 C01•6 1.1 F.0...: 4 (.'';,:iii.I :10111...011 Cree',.... T r:in C.,16e Creel: Sul). (.1reel.:

2. 6.,..

231,2 1,1, 0. L.3

110.1 12.••• 0 1. 0

1. 4 •

27..1 11.11 11.4 I

,:

.1,1 .....' ' ..1 .

2.11

2.0.0 I 41.8 1 NJ

:0 .1... 5 1

1 :::. ,,..:"..; 1:. 30.6 ,

26- 0.1i

7:.)I .%1 I 71, •'. I ' 3. 5 , t

70,2 ,

. 1 1. 1 .1. • 2, 5 • 20,1 7.4 6. 0 7.4 4,7 . 1.7 -

2.;-;, 1

. 35. 0

21.2 1 16.'1.1 10,0

'1"0:. -.1 0,r ir..0p 1

16"..., 1

'I

1.0

riron1)::1111;;:o1,.: Auo AtiiVi' CirOil p 3: J :1 01:s C reek .....

1"Liii

tiso

1 I

.

T. .110 for )•;60t ;•'0 . ;.: It'cl. V0rk: Mlle 1.4 to t. 1

I Ve:t101,

11i.ISe:5;.• Lo• Co: .1.

• •

1 '''P'!11

._1.0 6. 3 •

024.5

.

44. 2

:11. 11:1S' 1

;. I I

¶.02, 7 105. ,,,, 127, (1 WA, .1

1.'23

i,

.1. 14

i

1,333.0' 2,231.4

2.0'1

'; , r).0 • 336, 4

2,0r, 2.77

:


])).;rAirrNI;;N•

or

...11 -.!-;11( . 1.:

c.1,3■.thIl`11011 Cd01101*Z.1.1 ffiet` JAcusoN, MIssissil.1.13020r, UV 3.II.WY PAY NI;

August 29, 1973

A SSi.STANT AT4OUN

(71,:ti1;11A

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 impr,ovementp.• 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


r.

Nonorable John L. napkins 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

f. ii

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 with:. draw 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

GENERAL

41 •

BY

,//2-2e

(Mrs

Mary Li,!,) y P, ne

Assi tant Attorney General MLP:lm

EXHIBIT 22 - 2


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT APPELLANT VS. BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI APPELLEE

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPELLANT VS. 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

S

) ) ) ) ) ) ) ) ) ) )

NO. 3234

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

NO. 3232

) )

) ) )

) ) ) ) ) ) ) )

NO. 3248

ALCORN COUNTY, MISSISSIPPI

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

NO. 3240

NOV 21 1973 MRS. FAuRk D. DODD, Cir. Cik.

MINUTE BOOK #3 Page _193_

By


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 be-

fore 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.

774: ORDERED AND ADJUDGED, this

day of Nov

er, 1973.

CIRCUIT COURT JUDGE

APPROVED FOR ENTRY:

SMITH, DOWNS, COLEMAN AND ROSS BY: ATTORNEYS FOR TUSCUMBIA RIVER DRAINAGE DISTRICT MITCHELL, McNUTT AND

qmi

ATTORNEYS FOR TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT PRICE AND KROHN JOT

70

HOP K1:

BY:\

MRS. EMMA D. DODD, Cir. Clk. TORNEYS FOR BOARD OF SUPER-

VISORS OF ALCORN COUNTY, MISSISSIPPI

MINUTE BOOK #3 Page

NOV 2 1 1973

BY


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

OCT 3

L

1973

MRS FADRA I/ DODD Or, CIL

APPEAL

TO THE HONORABLE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI e° .

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 withdraw as a member County of said District and to withhold its tax support for the District, all as initially set forth in the Resolution of said Board dated September 28, 1973, and in the Order of said Board dated October 22, 1973, which purports to rescind, annul, and replace the aforesaid Resolution of September 28, 1973, does hereby respectfully appeal from said judgment and decision as embodied in said Order of October 22, 1973.

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


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

OCT 3 3.1913 BY

Filed with the undersigned Chancery Court clerk and Clerk of the Board of Supervisors of Alcorn County, Mississippi, this the

cg,'

day of October, 1973./

rd of Supervisors, Alcor-n---County, Mississippi

2


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

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 has been taken.

la. Order of the Board of Supervisors of Alcorn County, Mississippi, dated October 22, 1973, from which this 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 the Board of Supervisors of Alcorn

County, Mississippi, dated February 6, 1963.

5.

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

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 the 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 from 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 the 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.

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-Tombigbee 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

Filed with the undersigned Chancery Court Clerk and Clerk of the Board of Supervisors of Alcorn County, Mississippi, the

4

fr

;?

this

day of October, 1973f ---

Clerk, Bckr of Supervisors, :Alcorn ,C,ounty, Mississippi' of Section 1195, Mississippi

Signed pursuant to the prow

Code 1942, Annotated, for delivery by the Clerk of the Board of

3


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

câ&#x20AC;şef,/

, 1973.

day of

resi^ ent,"'Board of Supervisors, Alcorn County, Mississippi

Received the foregoing Bill of Exceptions from the Clerk of the Board of Supervisors, Alcorn County, Mississippi, filed and docketed same, this the

day of

Clrcul Clerk, Alcorn County, Mississippi

4

1973.


ORDER OF TIM' i3OiR ID OF SLPERVISORS OF ALCORN COUNTY, MISSISSIPPI AMENDING TAX J...,EVY FOR THE FISCAl. YEAR BEGINNING OCTOBER I., 1973, ENDING SEPTEM5ER 30, 1974

WHE'REAS, 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 l962, and Section 5956-131, et sect of the Mississippi Code of 1942, Annotated, and WHEREAS, the law authorizing such action stnces in pan: (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, indtstrial or educational fields, which 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 chills successful transition from home to the broader and more complex areas of society arc inadoqi!atc. Therefor, the Al-corn, Prentiss, Tippali and Tishomingo Child Development Program will assist permanent home and center ba:. -3ed

pro :7CilIr:6 supported

out

of nen-federal funds for training parents

EXHIBIT 1 - 1


and met _lly 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 5,963 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 autha - ity 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:

1. To provide mentally retarded children of the 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. To provide a minimum number of adequate day 2. 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. â&#x20AC;˘ being able to provide the To assist parents 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

Exhibit 1 - 2


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 Doveloprnont Program. It is, therefore, ORDERED that there be submitted to the State Commission of Dubget and Accounting by the attorney fcc 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

,'â&#x20AC;˘,

for tl , e State a true iu4iy 7.:nd corn. t ___

, 71 7 /1.-;

â&#x20AC;˘ f' h t

)ncery -C

Exhibit 1 -- 3


ORDER WITHDRAWING AI3 INITIO ALCORN COUNTY FROM TII TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT; AUTHORIZING 'PIE INSTITUTION OF SUIT • AGAINST" IIIE DISTRICT TO RECOVi-!:R ALL TAX MONEYS PAID BY ALCORN COUNTY TO THE DISTRIC;1: AND FOR OTHER RELATED PURPOSES.

WHEREAS, the Board of Supervisors of Alcorn County, • Mississippi, finds and determines the following: ,(a)

By Resolution adopted by this Board on January 11,

1963, and February 6, 1963, 1 recorded ; in Minute Book Number 36 at I

I I

pages 21-24 and 49-53 respectively, ,Alcorn County purported to become a member of the Tombigbee River,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); 11

ii

J

s

(b) .These t-wo,Re(splutions were adopted by this Board upon the oral and written representations of parties interested in the formation of this water managemeqt district that Alcorn County could legally become a member because, it had surface water which flowed into the Tombigbee River or its tributaries, and that such membership would benefit Alcorn County because the primary purpo:,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;

r,

EXHIBIT la - 1


(d) The representation with respect to the primary 1

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 I'

this water management district consists of four separate types of tn 1.1 . Li • projects - - "canalling the Tombigbee River, flood control program III

IP

i LIL1 1 .1

11,.

on the twenty-two main tributaries of the Tombigbee River, f f ood 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 • 1I

I I It I

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

.I

,

. , 1

I

I

I II

I

has any possible application to Alcorn County; (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 I

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-mill tax levy based 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;

EXHIBIT la - 2


(g)

During the years that Alcorn County has purported..

to be a member of the Tombigbee River Valley Water Management District, this countylas 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 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 premature and should be rescinded at this time. o.

â&#x20AC;˘

NOW, THEREFORE, BE IT ORDERED by the Board of Supervisors of Alcorn County, Mississippi, as follows:

cpCTION 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, 1.963. SECTION 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

EXHIBIT

la - 3


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. SECT ION3:

The Clerk. of Jthis Boa`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," J

and to remain in such account until all litigation concerning this matter is funally terminated and until further order of this Board. 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 Depositary, 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

EXHBIT la - 4


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 Accounting for the State of Mississippi, and the Tombigbee River Valley Water Management District. The foregoing Order was adopted by a unanimous •, ,.i vote of the Board of Supervisors of Alcorn County, Mississippi, with .1, • the following Supervisors voting for the adoption of the Order: T. A. Little 11;' IL. Denton J. W. Morton Willard Crum 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

EXHIBIT la - 5


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.


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


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 from 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 Directors from Alcorn County and the Board of Supervisors of Alcorn County, approximately $61,900.00 of these funds have been

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


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


(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


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


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


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


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

10


iv

WHA:3, the i1ibs7ppi Leii;iblaturo has adopted tho enabling legislation for too crcation of the Tombigbae haver Valley 'ater ManaTement nistrict from counLi2s throun which the Tombigbee or any of its tributaries 1ie, said legis7 lation buin,f!; House bill No. 179, Laws 01' tho 1962 i . eFular Session which was amended by House diii 55 at the :::,ccond '2xtraordinary Lision of 1962; and ViHAS, this enabling statute provided that bords of Superyisors of each county through which the Tor:fbigbee 0.iver or any of its tributaries about a resolution â&#x20AC;˘fLvorable or unfavorable to crcatinr, baid District; and WHEA:3

,.rig, Board of Sur)ervisors of Alcorh

Cont -y, foeL,; that th creation of the Tombibee Hivr

er 2-ianagement Dist -rict as provided lc, gislation will

5f0

1,1Cri;

many bone-

fits co the people of the entirs Tombit:de 'atershed throu7h pr:_ypd.r dsvalopment, managnt, and of f:ne natural 1- ebources of thc area;

IT

by Lhc board of

Sui-cr -vil:o --s of Alcol-n L2ounty, duly acn:irembled oh thl th lith dLv of Janu,lry, 1963, tnat we undniou he crc,ation

IT

copies

EXHIBIT 3 - 1


Vallay ,tnt: .lority 2 tor.)

• ■ —•

.1,

1

.„

02 . ..)

„,.....,

CJ.'

.-

--..7...

... ,... i L..,,

.,. (.. 4.

J ::::::tle,..Y.;.7 , ._';.: ;'.. ,, i ,-; I..,,,,,,

2

4... ,....... s —I,

ji '!,,.''

‘,,,, ... .....,, I,L, ... :—..,;:. “...,—.....,....... s.......... . ,,.

,c.-,. .: .,„,,,."-' 6.../ 7 ' ..:,. --- / -<.':•'1 ,,,,-----7.!..-.•' ......................,......—....—..—..,...;,

Co'..,

1• VV. 0, PaTTS, Jig,, ('f ,

r-i/

uncic.: .; . my ,r

)•

EXHIBIT 3 -- 2

.0

C-14:11cory

I '/'


"

BUREAU 5512.

Irir -;,-svorsyt

1-;;I:C.ACH1 ,11.i:NT. NO .

iinarl

JACKSON, MISS. Clipped

from

Daily Corinthian Co . ins (DATE) -••.-..-•-

I RCS() VOTION .61 .-

A A

lid t 1;111- 16111

1'16.1 0 ■ 1

\1,1,11

PO'

; 1 . 1 .. 1.i7.111.,.

by

111(. 11'

Ii, t.

/

•.‘•11I'l1

111

1 ,.. • 1,11 .111 .

1

-

1:1

il 'I. • Al. s'1;1..,,d, I • -7-1/10,1

C•' 1 1113 ' ,

1111,1110,1

-- -

...,

:.;,,,,• •

of

11`

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

;1!.11111 ,- .

141

III ,

1011 :,1

Ch,

1:..4,1

1 , 1'

op.'s, 1'rouss11.-1,1

1111 - , - 1.11', '

,‘,...1,11.

p1f S, 'HP, .■ ■ •

..k

Clown.,

.,,,,

11,1 ∎ 11 . 11 , 1

Ino, Lri ;

,t

In

,••••• ■■ is• •

vid• 1,./.4 t.'11 , psi,;., '11' . 0,- 1.1;:1, •• ,. 111r , r ‘' Ili - t 1.ri•nl In/ loin I lsrosull, :,1'„I'role. is 1.112:.. Warnr fslosint.soots, L nistriel% have SV:ir..•r Dis;.ritt t/r•;.: Nt/ini.ttitlitiit. o., -.111 1 , y "inn, c.cmi,aiiiizlii lilt itt1.11s1 Si-int/1.11'i, -11./' , 1,...., cs,,,,s, ; weld , y ,,,,,s,,,,, ,.2,tsr .r. , •,if . nossle by she iSonrt s1 cs ',Voter Cure' „1 ,,,,, / .•niiii .., -:.ii•I by Ilonso itilI No. 17 ;., 1.,...•,.. li to, of 1 , ,e 1412 IZossztilor Si silos, ins anus -odds rob., issisor.s... fStoleISSors.- .! ' i..i. Iii..,•lii:I. . h... .,,.:. [if ierl i'Ittl(ir, i n' s aid roodoty Is

•:

i 1111•10.1.,-

ed

ti..,-

<•f

r.i..•,,,,bi...:i.,..., . it 1......1.,.

.Hcalts, hill NI,. 65 At

I.

the SC-mit/I\ litnit''Slii/

l'orc•try

Exisdnordsonry is:es...don of 1 it'12.

Grililnli , ,Linh,— //nil

I'isil

or

Corodistrdsion

,111 1 /11•:••.••••11:1 -•,,i,

1[11,1Ctsc.

thr

I% •,-,1 ss,d111 this Stour,' ,f

1 ii.- ;ii ;L10 .....‘„; 1;1, I'l•n'•

;Oil,'

11C., IT it Et.-, 01',S.'1.:1). by rho- Ito, .0 of,: 01 molt 1.,.,d, o;' 111,... r,o1 l • P.1:1.11:. :1,71, , Slipet ,,i,,,, •1'. Moons Coos, 1 s., 1.1.1 id.ot-1 -, rift: its ort.,11 ior ts , 1.5 0 , Z..l'i . I'1111,1" 1,t .1 I'd

:

2.iiiii -iiiv•iii . .r.

1.

lo

River

nocortiones ,

Iv ii i"riliedi ..r rill

mid,

f.,,',Is

1 , ,duiiiiiiiillil•i/. ,

! No

:•••I. 1.4, so, r.{

r; 0,

11,-,

o r 1;i1.,;!. c, •1 ...0.•.i..i.41

Ssy

I ,.

ILI ,,, ;. 4 a ,...,. j,,,i,..,:.r,,,,

Lk

mr „,,,, ..,. :,, , 1 _ ,.

1 . . 11. ■ , 115

ft.1.1 .....

1/. ■ ••,,,ilsr

111 , 1

.`/•••••••int

thddro Its;! NA.

Iii

P . 16. 1.

liT111 -1.1hTly

/11,1

yodorods.

LC,:

4111

1.1,- ,1

1 . 1.,.11.10 , !

:1

ft rd.-

11 ■ 1IC:11‘ , 11

1 -1.1 . ,11k,rly

11,1

W/1111 .1 .1

shoo,'

isol . ..1 , sr

orer.orsO...,

Idols. rroonly in tds 1:: s d Tondsi,71soo IS ivI It I.; V:' 1."1.1ti,"i'lii,;;Z 1,1. -.FdLtl-Vi.:U,. thud . or 'Volley \Valor Nlorrstiorder, t. Ith , triol ! !kit, 1,1ss. County of ss, boro, ireirlt: isin tile ovorit rinid Dis-s1 riot is crst.n., ,....1, r.„'"1`"1.1.',' lisr"orsb "rs'Isirls Ow droll it Is linr fln - liotl i dosi re onsi inset,ls ii ,i." ..1.: ' .' .:;.'"'l. • s ods, , ,,,rotso ' ,dyer or our or more of in. •,tin .En ,n;:•.• 11.11 ;11i 1:1-11L-krel- 11 i.,..: a ow.: l'",'11,11H, 5 lien, nsot thus olloisblo Ithril'r h.] r ( i !.) iiiiii Iiiiiin r ii of thrs tirs.olsies ' the tsforo , ,airl slnIsilos, to boroo,, , /1. 11117. p1,1111, 1111:;111 , 1 OW ' 1 . 1 , 111 .11,..1 , ■ •

I

1 '11 . ;11.-ktiT1 ,-.:

; rt.iver I riot

:

etk , 1110'

Vislissy

7,-,I,

. '',,,Ic.f ii.,

%Valor

01

111 0

.1.-rkl.-1,1 kirj 11 ' ,'

itlrodrorenoroi.

Illt•S`1 ,-.t to.Iii:eli

l'Ior., • Gin.

1.: ■ N

6 , ..

rinniti Lir

,

A v,..,

-,1„;; ,..,.,,,,f

1-11

i• v•ilt , nifiiii•Itil willi Ilit, Di•-1.i•itl. ', "i/l•

k,...,, ,,,,....,,,.,

,,,„„:

,1,,,,,i,l

in ail

iw.....L ■ I;d.,... oni . ,,i,

II)

h,.

„,

......j4 , 0

VI- i1}1

,..,,,,,,,,

hy

]ZiV1 . r 1.,,,,,, ,1,

„ 1-,..,,„,,,,„,;„,„.1 .

.,.;,.. 1 .111-7-

;Ind l'2/.1 ■ 4

i•o:i,•,•:.•,1 1,11,11d:11'

„s r ; ,,,,,. Yi'ili .

for Ilse ord. iths1 lousor'it. of thy. Di:drier whioh Fnell Iss , virtu..., r.1. aie is forssossill, attoiniltii by No. 179 AA Housr, . 11111 idolise ISili No. Ed. olso Isr. ontitird ....... rot/tip. Vsi..0 1.2) mills of trtran sorl yo.toren, 1-11% now Istvied nod .00lient.o,1 by

otr,,,nor Anil liroe os. pres - isloti by NO. 17:1 nod Irrodsrs Mil No-, ;.',, ro.. d . od tis o',3,.. of Om 'tot:rid/1,r Sri:Extrriortlitudry sthyl the 'Second ' rs lost . ; ::: /r.siiicill Ot 1962. i .... .

ail

? //I-di IT Yir R.:T 1 i r.r. F;'. i..-;.•: o i., ,,, 1....1), 1.1,:o.

isootiodds.s.,trit; eount.y In ondoi DintrInt.

. Il• 1 ry,

. ' .ii.,,,:!..:, ti.lx.

"I-

ch,

{•,,ii ri.t.1,-.....

win h• 1.,

il,, ,,. Iv,.

si•i•I'onfilin... ". /,,r:.1,,iii• itill Glumly - 11/Lii

ibis

I.q,

.011 ;it,.

lil'111.:.:

'i • • ■ •••1 ■ ••,:k-n

Lk,

NVOIVI.

V :111PY

of

•1 .1,1/

iilistil

.:11:11111;4,r1..nit.

Ow of 1.-:,n,zinoers, lhot

.1..••■

1.0

1111;1 ,

1 ,,,,,,,,,,,

Tk.,1111IV. 1,....

11111

Arise

• 'Red

I,

ICI

,4c.1.•.•t 1., ,.., 1111 1 ,-k4; e 11k1 11:1` .• . •I'll ,11111.;v,{ In lle

111.111 , C111 . .,

1111. , i1.1• . '1,

,.„.

(1;,..!

PUP- IX)

11 '

s ,,, id

,,,,,,,

1. , 1` .. -

7.11e • 11

1,,,,,•,1.

r,•:: As

or

Yororrydroro svidlin 'llso Lilt ni .i.- -iilie: 121 / slits', folio ono d11 t1'• a 1.1.H• iirst Issibli1'.n Lion, tills losor,1 will cell e 11 ..1 , , --t.i.rn I .,• . ,I.L, prmridt•ii 11,4) a•Isti••••/ II tbs. Iloilofi ss.,1 o ld s ...or, .....,:1 iles r an rdopsoos sthir I'

p ..,.,, : ...., o ■ rk

1 .,-,,,

o ; ,v,,,,,,, ,, c,,,,,s y los..,, , s,

of - doto,ire: Liver . Vo1i,•sr 'No ,t.s. ,,, 1 1,, rs.,•s ; ds,,o, so Loyssr:

iN.,,,,,,,,, , ,,,,,,,,. of o n nd vs,:ororrs

os. of 111ls•-Ss ...1J I 1...e) roil, irs dr Plods of s,dr1 ['lir, ' •Sot. nostvod Thor forooy,,sts: roostsitiodsYr , 'n 11 i 1.)1 . 1V.. ., i,... NT'. J. C:. dodosin...sorb-II No, Two. rossi dtir-d.rieL l 'Y N 11. • M . O'L

-P4.1 ''' ' ”

■.: , i,.1 No, Vivo. e .,.,•,-,, .1, (.,, j -,,.., ,s,• s -17„.\ , ■ • ■ ... 1,

Lr , n1.1.1 ,

flitli rr-,1 If'obrato . ;.,

,glue'

q'. Vit,.....•

10,,, I, I. ors

111-1d

r l tir-,

''' '' ''''''c ''''''''

'.1

Too- , 1 . • 5V,

: /L

srthrr: 0 : 'l 1...,1,.., • .5.1:1 S' root:

11•1i

00 1

tbs.

'44..

10 /•///i" r....ii

day

of

l!lfl.S.l•

)'1<ir:Silpfits."1:

a

df,,,•r (Ion roondrioration of the stotur.ors, tri . {:1111 fart. , i rod! /WW1 CiirliS

•NIrsitil

/hi,

sty'n•

...,„;.,,,,..,

il:.iver' Wftter-r. I Cod, boord, isy

'Conslsigheo

the

11;,..

,v111,111

Olyer '1,f:silo:sr Wist.•,- .11rsiossoustrus,

I. rsds.:,ossetoont nod slrodsloisou'Ist, nod It'r I li rritoilts7

•'••••11

...

:du , .. 1-. strolri.."Isee iSivor Woirovolo.s'i Arort it 1, " ..... : lr nil rm • lire general furo r'''"' 1 r rut nbosyrs by n mop. r.r.sr plot. Lisorosst of 1 , •( .doro. rrrs !Ilion .re s.,...1slion , P. . -". . D"-.'-. C". I' 1.1.,.1,1 L --. .1.1 '.. h." off ire. of tile . C'hnororY" 1 /dn.!, sy n zor 1,0 117,n:ion, oorrielsiou rod dr , 1 .,,i,..z.,,... of mc„rn....,„„„,..„ nt. Corintis, vu!,prr.c..:11, inslorstrits1 . nod economic i'sli...O.r--iisi.)i

.

Irsi -rniil ion.

, : 1,1..,..

f..,

1 . 1i1:111.t

rtii,

rr. ,,,n. :'nti

odl.throtisso

t l'hold.t•or rind love for lii t , nlilln , I /litren., P.I.irisi•,,,-01-0:, ilettlri it. In 1 bo 1,, ,..q. 111...4 1111 111i t•rloirtni ins .•1' .1,,“ • .11iir I I., 1. Aron: ii i'd : i;•1-.•.•1:. 1111,' .1., ,•ir,,,•,• nit ii:, Hi iz,,:i.• i iA, mill nu all of t lo , Is, sold , ProorrlY ii,,, 101.,1••• 1 , 1 -. L,W 1.. , 1H 11110 VI;11 , ... V1,1111ki • 111 , ,.-A . of

:, of 111,. ':errand Ertl roorslitiory .i.Sstordriss

I

firs,

tios

1, . ■ 11 -1.1,1oll•

.r• . •1..ipti, ilills c,iiiVettel in inis rti:s:•••1' L l 1'C tils` . 1'n.ilkii.'n.nn Val/ny /1,1111s•rl'il,, ' ; I it,,,d1;i1,••• unto' /nit its l'elstorsr. Y, Ail — : do , fio,: rilri•I•lii• /11•1•1.1'.'•nti 111, :1/. /.,`Iin'// .' I Iii•i:I., 0,1 •Nt •lo inn'tIly furor the ,i,,,, ...dr ,,,,,, d i,..L... 1..,„dd 1,...,, r i,, i; ,....„ •r ■ iii`Val lty 1, lint' Tnniintins• Iiiis, of ,1 'Y... , ••,i.cr• ,'hinr.trin.,,,,L l'i•lr,,t s. 01,in /in

of

••.-in ,

biloorsrs i,sorts

; ''.:11 d.:/•••• •••

t' 1:1111m•enly-ni7r.

ATTI.SST:

-

T'OTTS, 1'r....0'...1Lor, tOn , ,tfintive

for be psthiitibisi Weeks in else

throe DoilY

EXHIBIT 4 - 1

:Ss I' h. 11, IF-. 2S


DEPA:TM,.:NT O JLJST:Ca. LI L.,' i. P

31 A -

-

.1; LI

Ars' 0

NI; V C.; 4.: 4...1 F4 AL

WATER DISTRICTS

.-2eoruary 16, 1065

Tho:apoca Pouad, Zxcoul:ivc To:L..)ij,)co District P. 0. 915 Tupelo,

Dear Dound: •• • This will acknowledge receipt of your inquiry dated Feb:ruary12, .1965, cs follows: "Iqc are makiny plans to sell S31LIC bonds in the very near future and are trying to bring all our files in every county up-to-date 14th ihfor,aation to snow that we have legal district co=prisinc tea counties. legal point has been raised as to Alcorn County being a lezal part of our district. would like to call your attention to the followinc: lioucJe 12;i11 No. 179 ncgular Ses ion o' 196 9 , Z. -.1endnd by ".0 -,1-e L - q 7 No. 55 Sccc;..-.d 2::traordinary Session of '9G2 and Rouse fill No. 703 Regular Session of 1964, Section 4. 'Ali of the public acts and deeds of the boards of supervisors of the counties of Alcorn :tawa1, -.33, Law:Ides, 2sntotoo .:.2tf.ss and r.2::_s1-loino in ragarc2 to 1),::,Ltozing counties in the Tobigbcc River Valley Water nanageLlent District,under authority of Unapt= 224 Laws of 1962, as amended, and 311 of the public acts ana deeds o' directors of said district, are hereby approveciecnfirz -

EXHIBIT 5 — 1


f.

1.1r. Thompson Pound

2

:Fcbrualy16 1965 .

"'and ratified in all respects, and the Legislature hereby declares that the Tombigbee River Valley Water Management District is duly created, organized, and ezisting as an arm or .agency and body politic and corporate of the State off. Mississippi, and is vested with all of the powers now or heretofore enacted relating to said district.' "Will you please give me your legal opinion on this point?" The undersigned has eamined the original act and all amendcacnto thereto authorizing the establishment of the Tombigbee River Valley Water Management District, and is familiar with the statutory procedures and the acts and deeds of the Loards of Super"vi sons of the several counties that are required to be participating counties of the District, and have c=ined the District's minutes ofApril 17, 1963, hold in Tupelo, Mississippi, also, Dy virtue of the foregoing and Section 4 of House Dill No. 793 (Chapter 251), Laws of the 1964 Regular Session, is the 0-)ilaion of this office that Alcorn. County is as much a part of your District as any other counties, although certain phases of the statutes vary with counties which are partially in the Tombigbee River Watershed Area. With kindest personal regards,'T. remain. . Yours very truly, JOE T. PATT RSON g ATTOaNEY C4ERAT.. -

By Assistant Attorney General DHL:mh cc 7,r, J. C, Whitehead, Jr. President, ToZoigbee River Valley WoL:er Management District c/o T;ank of Tupelo Tupelo, Mississippi

5

2


MOBILE OWionT, GORPS or P. 0. '60): 2.2 [ MOBILE, ALABAMA 36601 IN NEPI,..Y laiCR TO

9 July 1969

SA MEN PP

Mr. Thompson Pound Executive Director Tombigbee River Valley Water Management District P. 0. 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 nd 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 River basin. Sincerely yours,

/ ROBERT E. COL, Corps of 6 lveers District Engineer

EXHIBIT 6

1


1

,

9

) •

OJZ • \."

.‘"

T.

.

rz.Z:ST.

T A l er A TTO

dune 3, 1968

C ! I A L..

C, CiA ,ILAN(.11.•ri„LL,JR,

wro_

ASSIbTANT

Al

1-r VC• ," NC wcomp.

WILLIAM

A, ALLAIN

JOHN C.C.TONC fiLl•ANCT7 W.

a

CO L..•;:mro., Lor l

. 1 , 1-1C.C145

LICN H. WALLY

Mr. B. H. 2owlkes President RLver - Valley Water Management District P. 0. Lox 915 Tupelo, Mississippi 33801 Dear 1,:r. Fowlices: -1 have your letter of May 4, 1968, adclressed to the writer, along with your letter of May 16 "delivered to Mr. Delos Lurks of this office, both of which go primarily to requcstin an opinion from this office ca:; to the eonstitutionaliy of Senate Bill No. 2112, now pondin:s in the ::cusa of 1:epresentatives before the curren;:. 1908 Regular . SesionfthMsipLeglatur,sidbhavngusitprpose to remove Alcorn County from the Tombigbee River Valley Water Ms.nagement. 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 en opinion as to the legality of outstanding obligations that have been incurred by the Tombigbee River Valley Water Management District Board of Directors. rea's..1y, 1 see no reason for this office to pass judacaent, by way of opinion, as to the legality of outstanding obligations incurred by the District to date, inasmuch as the incurring of 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 are, primarily, recuests for an opinion as to the constitutionality of said pending Senate Bill 1:o. 2112.

-

Section 3334, ..ississippi Code of 1942, requires this office to rencIer an o 5 . 2ficia: oy,inion in writing, when rec!uested in writing, , to DracticaIly all public officials, includin "the legislature, br either housethereof, or any committee thereof,", on any question of law per .taining to the - duties o'f their respective o -1: -.2iecs, and said section

EXHIBIT 7 —


Mr. B. H. I7 owlkes Tupelo, Mississippi

-2-

June 3, 1968_

further provides that an opinion shall be rendered by this office to • "no others'.'. Therefore, I am 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. 9 1-t

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 pre- v -slimedtha Lgisluretaknocsiderat hconsiutaly 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 declare 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 arc 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


A.T'rACii:,1Ei ,i11; AN° . 4

Mr. B. H. Fowikes Tupe10,.Mississippi

June 3, 1963

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 forma 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 landowners 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 scheme 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 npt'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 I 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.''

JTP/hs

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 </2 , 1969. WHEREAS, on the

6 —

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

43

at Page

&- /7 o f

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 jw,,R.

23, /c/b7

and

—w,: 1,

t,e, 3.0, (96

iro and

WHEREAS, this Board again duly assembled in regular session on this- •date finds, determines and adjudicates that no petition or protest to‘tthe 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 Dis:rict 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.


••■

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/-Z.,67.'4Ar)

who moved its adoption, was read and con-

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

6. c 4)//1,

seconded by Mr.

,

and upon a roll call vote, those

• voting "Yes" were:

Lie

A4,1

S. G2. /.9ersf

A

• cc //'

C Ad/4,s

Those voting "No" were:

i ce.

/'/We

A majority of the Board having voted in favor of the foregoing Resolution, the President declared that the motion passed, and the Resolution was adopted this, the

day of ,

August, 1969.

. .- f'.,,

TE • A ICU rii

Cotutty

. ., Chow:cry Court fi r , rtr.r . o for il•4• .,'.1 I. W. 0. POTTS, JR. Clerk of the ..,,--t , r, rs o ii.. r.r

, thot the ;,-..-re 0, r. , and County ofcrcrr;oid, co herclr.-,y rt.r..rtlf -:. :. leunc,pkr , .; of the origin(); of s'ird inr-,trurn?nt, u-r_r, fully ci -,

correct copy appeors of' recs)rii in my oftioc.. the some inis—L47;—rj.t.,y . ,...L,..ccri Given unc-J3r my bond cm). ,.

i

- — —..

.....

-

4.. (17':;_: ,_.-•_,-_, -. '_.:. tri.L2 :. -:,...— ______—__,

.

L.''',. . 6 ir' ' '

Chont7,-?--7 Cl.n


0 0 -

0•5•"<0

uo

o0

r

90

4, 8 (

90 vg-1

I

g

t_44-' LG,

"7 69

.

70 '1 I

oI

1-4

/0 '

go,

67

77/

4g

—1-97 o

70

4(4,

M-8

7/

7,& 0/ (./ 91

ZY

EXHIBIT 9 - 1

1


1/1

--

904'1

68

yc r

_ !4;86 7

itrin4 icr; 973 ,

7,

a?

7

67Z,

lig 7-.0 (

.째 6

e

/crY,

9 73

97

5z/

7 3'9 ,--.1/q9)'` 3째 g ,61

)./:,(65 4 7 Z7/77 ,-1i

vs ,

y

.

y 879

83

'7 ,, is -I-%

7 .0,7 / 4)-.

g87

81,o39.

/03, 9/9

4-9 7

4 v9i

EMU, B I T 9 - 2

ss'


- --'-

---

—(3 c,c_0(

h rl

CL.Q.A_f

c,

To ki4 L

. ---

`.1 1

1 .. /,5-S'E. -.1; 9t

i_..1(._7 41.

%.6 (.6._.

.1---7C .-c.- j7

j,,c, Z./ .,e`i.

i.36 2- (c• 2_a.

il:i

2...Z 3.3.2 i

1

_33 .....

,5)c7

4.

1 1 i,3: .'"?._ ,3 .86.3 _

SY G:l

cC7/

z.6

_,7

36'

-4 CO

7'

67

1 5 S' 7 ,7,,S.

/ -z,

-

'i q .

s5,. 1 8 .: 9

._,...<. 37

,• (1sr 7C

. . 1 Lr _ ___

..._...

; ;

. • ....._ .__ ._..... -1--

. --397"1 ,C7

.

, .

, ,

••

II !

.._1(i...g . _Lc/ . !,,,g

—c — ,,,-1:,t1e) /rot.o .7.),.'L-4•.'cl-- ii ti

i`2 `,-.1 0

-c :—

0.—

77/ .SIS.

' 78. 0/

i

.38 371 73

Ig 64,/

;1

1

‘.7c6;r7c,c,

540 .ft _._E

-

• '----

‘5-L-) 3,1-4 'g9/.263

- T 1 1r ---1 , 1

(c c

,..- :/......? ts.

s--c ,

35-co 6p2. __ ..‘5-6.33; /,./.:'

(ill-'

-

c. ,z7

.13

. ,.:3.q' 7 A' `,(y . 1 9/-2. _36 cio .g ..,.>t _ . 4z,,,. . 72%, 3> .35143 o 61". ......s-i.-:.?.3_,ST. S7 _ .5' --LT ,.),2`. 6-0

7g:sc

_15. 70

3 21

1

, 99

6q

1.1.O .166-

/z' 7C)

■ i.

I

/33 0-1

' . . 1, . 1 _ _

_

1-=3 7 ,-•;.-3 , i . ; 1 ,d,„1 i_?. 3, .24 -

ZJE71C .._9zZ-‘/6 L. . /ocs-c- . ..,3 9

-1

I

_1,2

_ .•

I

-.Z I 1 r

7C 81 / ST:

._

i

.14,C.7 a 6

__,

rA 0 E 1. 9 i- 3

L,- 7- --99 Cg _ ____ ______ ____ _ ____ _____ __

.q...z 1 3 (..., _z_

.Rc... -3c.7 .- Sc.;

_IR 71 l9 -7)-

.; 6 0 / t

-._ — -c__

_ .,or,, ,

- ---- .--- ... __. _.,

,,.....

.__Ig_ (6..,s

)71.7.6c,

ig 6, .

, -13._A,23

.._11

g

__..

__.

cy c, IcIi11

.._

. i cf.2-

'.`g

/

,) 31g ' 7

/ •-i

z

/ i 7_3c, 1 5"-z.

6.-t-41 1 (,,,z.

I.S- 1(:,/), 71

6.(`...

/..c-70 , 56, , I rrI / CL /9

, i I -T - .•':_ .37) ?.2,7rz,:.,/

1

6.1 ?,'" )1

,4 /s

-t- S";./(,:

/ 3 •,q(..57- ,Ct.

.„?'Sf/. 2.,71

-? 6:,qi.--s-

/

---1

,:

/

J . _ . . ......

• ••

. •- z

7/ 3 2 -

;

,

q /2,2_79 C/

.9) /•z"" c1

.1 .1 ,6270 SS"' -

....

.

.....

- •

. ... ,E3 I'1 9 - .".

--,

.

,

___. .

.

-- ____ ____ . ..._ ._.._ _ _.


-

-

-

1 ed4 /

- - --dc'e,</r

-

-

-

--

L oc,9

_

- - --.51,-)/c_.

---7c. /,q

i_3g C3 (z, ?-v..

e -s , w

,..q..s.' 7g 3,c2iiid; 7

;_ s ,,,c„...,);.,y-f-, a

/?' 7/

y/sq.' 2 a _

jC.5,-si /c 7g 3

1

,, L.2... _ I 1 i ,

, 1

, , ! I

I I

,_____, __ 1

,

--

'1--

q '75'_01.

i —, .79' s I 7 _.. ___:

"--■7 C9 7_,

c ? 4y

/ ,-L9:zj21

_

/_!- s-2 5--,c•

:

_ ..

7 .Re

,

, ../-3SYS,

- _

c.3'.2_s--

kci

/r, --77,a /s.

0

t1 r,32si

',-/c7e0 . S,S-,c c r

/c/ 72-

9 9 .-- 6-6 /0 c c c

-----

,ro

0,6" ;. 7 ) z--5/. /4-7 c_ /

____

//3 :7/ 8

/6-1 70

qi 1 3gi3.7 , 1104.,A.., _

9

m.

r-1.--

.

,t/ V. JO

/9 7 /6/ ,“,

-

i LLF ' •S__g , '/ 3 / .d 22_ , 1 1. 9, / W .R.3,7,3 a 39 _ / (Ns ‘:„3----;'"g c . ,S" ':), 3 / e s--2. 9,s;fs4'"•-•,/s. II H , , ii H . .

-, 87.c C. , 123 s",,4 z. 9 1 , 13U/4 7z '.-30,&-- i

/6-2 6-$ _A 4 6

;AS-V-41 /7 ' Ai' c74,3c)

-1

/ 4 /Ai

4?- 4_,

../.

I

79 73- -

.,._ 7_

7

.9 3

<, 6

13 54.,s 7:6

I

/6/ 4'..'

1

/9 ..7 rg ,f,'

517 ,72. _ .1 41 t --1S 14,, ,z,c 1 9.,,s-!///0/ n , 7. 7.s.„., ,c,6, I. 6,76 3/

/cy 7c

_:

_ _

_ '

______

_ ____

..;

,_

_.,

_ ...._

,

.._ i I

1 ,-.

,

I .

-

I .

, ., •

:

: .

_

- -----

.

._..

' .

Exli

:BI '

-

4

.,

1 I - -

. , - -

, 1

I

_

_

,

i'

1_ •

.

:

. . 1 . ,

, !, 1

. 1 --:-

.

1

I !1 .

: :

1 1 !


TAX CU:LECTIONS FROM TRVWMD MEMBL

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

$

1966

50.00

1967

$

24,960.22

26,443.80

26,493.80

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

.1.10

-

$

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

$

31,351.68

EXHIBIT 10 -1-

$

94,764.40

$

126,116.08

.


TAX ODLLECTIONS FROM 1RVWMD MEMBE-r( COUNTIES AS OF JUNE 30, 1973

COUNTY CLAY

FISCAL YEAR RECEIVED

1/2 MILL LOCAL TAX

2 MILLS STATE 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

19 68

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

.

$ Prior to ITAWAMBA

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 Oi L ECTIONS FROM

1RVWMD MEMBL COUNTIES

AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

KEMPER

Prior to July 1, 1965

1/2 MILL LOCAL TAX

$

$

11,442.89

TOTAL TAX RECEIVED

$

15,301.75

1966

4,386.91

"13,025.57

17,412.48

1967

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

3,858.86

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 C1'.-

;_ ACTIONS

FROM TRVWMD MEMBT- -

AUNTIES

AS OF JUNE. 30, 1973

ODUNTY

FISCAL YEAR RECEIVED

LOWNDES

Prior to July 1, 1965

1/2 MILL LOCAL 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

13,489.26

93.908.93

107,398.19

13,077.69

99,231.44

112,309.13

$

163,272.49

$ 636,885.66

$ 800,158.15

$

11,308.54

$

$

1972

R

1973

MONROE

12,094.71

2 MILLS STATE TAX

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

12,130.0(

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

EXHIBIT 10

-4-

$ 394,023.08

$ 509,817.87


TAX COLJLELIAJDNS FROM

14-WWMD MEMB COUNTIFS

AS OF JUNE 30, 1973 FISCAL YEAR

1/2 MILL

2 MILLS

TOTAL TAX

COUNTY

RECEIVED

LOCAL TAX

STATE TAX

RECEIVED

NOXUBEE

Prior to July 1, 1965

••■

one

1966 1967 1968 1969 1970

PONTOTOC

$

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

1973

7,624.11

24,108.10

31,732.21 $ 115,611.24

Prior to July 1, 1965

$ 28,306.00

$

87,305.24

$

$

9,659.16

2,079.53

$

11,738.69

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

EXHIBIT 10 -5-

.

$ 168,187.18


TAX COLLECTIONS FROM TRVWMD MEMBL . COUNTIES AS OF JUNE 30, 1973

CO UNT Y

FISCAL YEAR RECEIVED

PRENTISS

Prior to July 1, 1965

TISHOMINGO

1/2 MILL LOCAL TAX

TOTAL TAX RECEIVED

1,640.82

9,635.52

11,276.34

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

Prior to July 1, 1965

$

.2 MILLS STATE TAX

$

8,832.68

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-


• V CONSTOHP„AT.J.07

f ;gi o2.19';) 2 , 3fll'55, 'Laws of o of 1c)62, , Hous 793', ▪ and ..0:,:5 C, 3": -11 1,,,.:, wslof 96).'i , 'v.'.. , autL0 -21 . 7,y Tombic.:c) Rve:, • .50 pis,n for t.nc:, wcy:-.7 of kinds for, the 1?.:-os(7:; of 0l:.2 flood 1,...:atr conSoiati•on, deveTo=e.nt,utiion and disposal; of recrceation .p ..c.ojcts,in the c .;eneral conservc,tion -

p

. of the • 7.2eprc,.!..;entim-,, theover!,,1 count . ies compri::-Jin the 7±,ea..37'd 'of . S.up2 -ovisc .,,'s of snici exy,r-os,sad interest in this Di f-., 7;ctos and by law,and

▪ tbe mntionod 2tatuts now authorize the S .U. .peL.!vios of membel ., --counti Sectio:.-.,.7 :of - Hou s. 55, to levy 1/2 mill On that. cot.),nby Is not within the - Tombigee

uHrnI:As., -

House:Dill No, 458, Laws, of the ReF,ul:ar. Ses --. on of 195, anr:1 tho -Soad of Direct;or.2 t'r, e Tbbif.D- ee Distr, ict to coo -ibto with oT),.: . nditues In fr.:omber counties cot .:_en of cetain rilembe -2 countis ol-,tcjdo. of the . To12bicbec, .r.t:te-sheaAr-aa so s3ld ccl,:a.nty hombibe Rive' Vaily W3ter..M:an.re: . ,13nt„ District; and

w•hen

the 7oall of .Dir, ecters has haretofoy, o•n-lado fl .m.mclal..cortmn63 to fne S,CcroOs the . dic.- ict, h•Tive•been :tho of thc.: st .Id. 1..)0t that thcs: not all ot In(;onic. bvs'i -,t1.1te,.2nd is of

EXHIBIT 11 — 1


in comirvatIon H - all 0f o .-2.1n ,..oln, that ba2c-,r'e : of a

1/2.

!

on

th1:2,

I

UhisH lc:vy be O..iver7., oc.i. to tl‘e deposito:r7 of tho E : .Diet2, 16t as set forth. in Se3tion. c of :io o 1111' LS lOn!7„, as tho 1/2 . levyon. 7: -) art o'n. the (.:ol..11:-! y a -oa ..• :H.

L

TY PEOLVLD

07 ICTOS OF THE DISTICT thc-ro is . nc:cd • tho ..on. cf :1; to thc-, al -) 73 . 0ovin .0 -f , ojo'nto a' lool natao arl.d tflat;• now [;tart. :)roject of a local. natur'.e that nve auppol -t-)d -

fosih1c; th,o

of

oboe

93, W-)e., ; and no to Exced in oo2t mo-pe . than tha arrlo ,.Int derived fron ,_ the local 1/2 Levy w__th .in the'county or court -7 cs

55,•

T.

Wate -r ManageentDic,trict certify that the•Horeoo!,:itig • . co:!- . 7cct 7ce:soJ . tttie)n ac of from tlie • tho Ccireco'17 M.c.,- , 5nri'of October 29, 1964, as*am6.a .!-. , eaD.:s in Minute 2o.ok, Pa'oes 2ril and 29, ofthe records 4-i. f District.

'

• •

•••

• • •

EXHIBIT 11 - 2

y

• •


OP ATI', n(757-.Tr'"r 7-2, 0 '7=0 (2,7,71 •717 1.

:77)",,77. hnz 'PP .71E3 .pos,

rp-T:7-; C 72

(712.732 7..7_

ry4.-.,(7, n r)

TIT;;,],7

OTTTH 07

DAY. SITE T°:0. e9

TN AT (.:07:

v •

7

:IT122PC, it 'lac 1-)oon b', , o1.7z b',; %,-, cy;,1 , ::.'t-n h ' ,-)n t".-,-,i.; tb3 of the Th =biLbcs, '?:' .vsr Vallsy ....ict 1. .,-, serlt tc-, !.anacn3nt "--" 7.1- n. Nat' ', t ho f) ropoecn-of CO '':: NC f..-o or son - a Plood 1-0vonti on and _Thrll_c, arosc P,00-cc,.:'.tio91 Psvc.ao:)nont„ T_zL;cunbia River Wtcr_bcC., T)or•I th'.: C'.4 t".; 1. :o, P. nn Mc.', -r, n Al0Oril no..at y Y nro., -7 i ast, 1 200 ac , -cs :7 csisr,iplii, couL;h or U. S. :Ti ,, bway .1(. 1. 7-' -1 no dev,:ilogrrIot 1 1-: ()C.0 -.(;:r fin po:,n:.n^nt '::ater, )100 ac -o..ic 4 tc -,nol-arycanpflood 200 aores dr,i. recreational a2-a no,a ninn!co, fn andpoo, ctc„ to bc U CCfl ,S.S O f Corinth, Al cor n 17pAbic recreation frs:citizens County, and surround,in ar3a. 11'r,.-72,2AS the 3ca-d of ‘a -)s - vi,co-s of ^'corn Conty, Miss'zs - ;p:Di is intcrostod in this dev)nent to 1),-'3 ovid noro and better recreational facilities forolo',this arsa. NOL!, T T=POR2 .T.311; IT R 2 S01-, 1 of co 77,1) thc,t the .73oar:. o' 2us7,cr7iz'sj County, : iiissiscirioi docs h.srub the 1,-.2()nr) - o on record endol,Linr-1 Dllocf, Pre -vont -7 thc Thsci,. -mlo-, and 5:0creationi Devololpment in Jia a vor Watcrshsd, nan Sito -\To. in :acorn County, :' -11,22 osi:.-)0i, 2o 8, on Clear Cr ,scic, uth of U, S. 1 -7-7 Lair Ko, 72 East, an(: urs tbc DilT;:a:;cr ::nao,;:cnt Dit .z,'sc',:orz o' t'rzo Tonbi-,boe R''vor V?-PY ono a2 a Pro;j cot of a :let to conc:L-10 2 2:Do.-12orinz thi2 Do volopLocal aturs. Adopted : at tho reLular July, 1969 ; term of Supcl. h4 :3dard o f july, rvisors of Alco.rn Coouzaty Missizzipp.7_, on thisHth& 8th. of day 1969'. / 2 irectors

,

- - - ;

hi

r.

.

it

C

EXHIBIT 12 - 1


A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TOY_BTODEE RIVER VALLEY WATER_: ,I.kMGEMENT DISTRICT APPROVING THE PROPOSED FLOOD PREVENTION AND RECREATIONAL DEVELOP: ,IENT IN TEE TUSCUBIA RIV'R WATERSHED DAM SITE NO. S ON CLEAR CREEK IN A CORN COUNTY, MISSISSIPPI, AND AGREEING TO SPONSOR SF\ME AS A PRO,TECT OF A LOCAL NATURE.

WHEREAS, the Board of Supervisors of Alcorn Co unty, Mississippi, in regular meeting on July'8, 1969, adopte and has submitted to this Board of Directors the following Resol cation: "A RESOLUTION OF THE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, ENDORSING THE PROPOS E D 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, â&#x20AC;˘it has been brought to our attention that the Directors of the Tombigbee River Valley Water Manag ment District are presently considering, as a Project of a Local Nature, the proposition of sponsoring a multiple pu pose ' Flood Prevention and Recreational Development, in tie Tuscumbia River Watershed, Dam Site No. 8, on Clear Creek, in Alcorn County, Mississippi, south of U. S. Highw y No. 72, East, 1200 acres in the development, consisting of , pproximately 600 acres in permanent water, 400 acres in a team orary flood pool, 200 acres dry recreational area for pie ics, camping and etc., to be used as public recreation for c tizens of Corinth, Alcorn County, and surrounding area. WHEREAS, the Board of Supervisors of Alcorn Co nty, Mississippi is : interested in this development to pr vide more and better recreational facilities for this area. NOW, THEREFORE BE IT RESOLVED, that the Board L Supervisors of Alcorn County, Mississippi does hereby go on rec rd endorsing the proposed Flood Prevention and Recreational Dev& opment in the Tuseumbia River Watershed, Dam Site No. 8, on Cl car Creek, in Alcorn County, Mississippi, south of U. S. High ay No. 72 East, and urge:. the: Directors of the Tombigbee River Valley Water Management District to consider sponsoring th' s Development as a Project of a Local Nature. Ado?ted at the regular July, 1969, term of the Doard of Supervisors of Alcorn County, Mississippi, on this the 8th day of July, 1969." 8/ S. D. _Avers

ATTEST:

PRESIDENT

S/ W. 0. Potts ,--fr CHANCERY CLERK

(SEAL) EXHIBIT 13 - 1


AND WI1LREAS,

the Bound of Supervisors of Alcorn County

adopted a Resolution on June 6, 1969, declaring the invention of said Board to levy an an valoro:a tax of one-half

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, determines and adjudicates that the proposed Development

at Dam Site No. 8 on Clear

Creek is feasible and is in the best interest of th

Dist rict and of

Alcorn County and that this Board may legally endor e same 4nd 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 isl 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 pro rata share of the

the amount of $620;25l, less

funds obligated for the operatiohs 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 dz:!posit 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 Mr. 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:

C-.T:T;LES R. CWTNESS SL;C,.- i- n.R17-TREASER

B. h. FOWLKES, PRESIDENT


BEFORE TEE MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD JACKSON, MISSISSIPPI

IN THE MATTER OF THE ACQUISITION, LSTis.BLISIIY.ENT, 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 accordanceâ&#x20AC;˘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


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 Di 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 appreved 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 Tenhessee 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 â&#x20AC;˘

additional action as may be necessary or appropriate to reduce to writing and obtain the approval of the aforesaid plan of development, and agreement in connection therewith among the parties and to do all 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

BY 1-

President ATTEST:

Secretary

Exhibit 14 - 4


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 196E SESSION OF THE MISSISSIPPI LEGISLATURE TO CONTRACT FOR THE ACQUISITION, DEVELOPMENT AND OPERATION OF A STATE-, OWNED 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 asenacted 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 ACti 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 saidl 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 Tomb igbee River Valley Water Management District to at 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 AA.

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 â&#x20AC;˘

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 -J. 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:

r Exhibit 14 -- 6


ti

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 â&#x20AC;˘ 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

Exhibit 14 - 7


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 followss 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 .

Mississ,ippi 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 it 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


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 haver.-caused this

COntractto be executed on this, the 4th day of November, 1968. -

lj

'

nr

.....

'•

TISHOMINGO COUNTY, MISSISSIPPI

. ••. •

-•C • •

BY rgedIdent

4

• 0 • ATTEST

L

c:Clerk ALCORN COUNTY, MISSISSIPPI BY

President

ATTEST: 0 ' Clerk

ITAWAMBA COUNTY, MISSISSIPPI

BY

President

ATTEST:

clerk PRENTISS COUNTY, MISSISSIPPI BY President

ATTEST: •••■••■■•■••,TDMONIWWW ■1■■•■

••■•

Clerk TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY

President

ATTEST:

.

Secretary

Exhibit 14

-

9


Section 4. That this Resolution shall be effective

from this date, and the foregoing contract effective when executed by all parties thereto.

rn

Supervisor,

moved the adoption of

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

voted aye.

a

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

day of November,

1968.

i STATE OF MISSISSIPPI Tishorninco County

?, Robert a Sims, Clerk of the Chancery Court of said County do hereby certify that the foregoing instrument contains a true and complete copy , as same appears of record or on file in Cook' 7),

3 , Page , of the records or Tishomingo County. Mississippi given under my hand and seat this day ay 19 ('?

",})-.!'')

Yi20--02 b,

nija Caurity,

Exhibit 14 - 10


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

rn -vri-rnTm

!Inn

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 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


C ONTRACT 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 state-. ownedilaprtonYewCkiTshomngCutyprsan to the 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

13 Exbibit 14


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 Mississ,ippi 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


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

thereto.

Supervisor H. L. 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, Denton T. A. Little Scott M. Honnoll S. D. Ayers D. C. Mathis

voted aye.

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

4th day of November,

1968.

S. D. Ayers President

W. 0. Potts, Jr.,

clerk

l' ATE OF AlcornGumty Chon-.ery Court in and for the .Strort W, 0. POTTS, JR., Cleric of in and .)y ceitify tklat tlo for d*r19 is CI Irk afor.c.,,,aid, do. here1 n and Garrett copy of the original of said inqrument, as fully and completely as tha some appears of record in my office,

1-7,6 â&#x2013; Given under my hand and seal thisiljas.-day of_ --,--7-

r-k}

r,Q

;;ci-74

Exhibit 14 - 16

19

67

Chancery Cleric

,

.


v.1

RESOLUTION OF THE BOARD OF SUPERVISORS OF PRENTISS COUNTY, MISSISSIPPI, REQUESTING THE TOMBIGBEE RIVER VAVEY 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-

OWNED 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 I operation of state-owned inland ports within the State of ij .

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 ag7icy 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 "C" (

Exhibit 14 - 17

.1


agency to contract for the acquisition, development and opera' tion of a state-owned port on Tlow Creek in Tishomingo County, Mississippi.

â&#x20AC;˘

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 .4-

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 i 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' . ! I agencies for the acquisition, development and operation of said state. owned inland port on Yellow Creek.

Section - . That the President and Clerk of this Boa d 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 fpllowing form, I to-wit: ti

Exhibit 14 - 18

Act,ando rctwihensarygovmentl


C ONTRACT 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 1 DISTRICT, an agency of the State of Mississippi, hereinafter referred to as "District", Party of the Second Part, WITNESSETHâ&#x20AC;˘ 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 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 .

E.)thibit 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: 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 designate 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 ate.notrequired at the Port, they will . be employed elsewhere by Tishomingo countY. Salary and expenses

20 127hibit 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 haveA ,caused this Contract to be executed on this, the 4th day of November, 1968.

TISHOMINGO COUNTY, MISSISSIPPI BY President

ATTEST:

ALCORN COUNTY, MISSISSIPPI

President

ITAWAMBA COUNTY, MISSISSIPPI

President

PRENTISS COUNTY, MISSISSIPPI 째 BY President

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY President

ATTEST: 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

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 W. V.. Horn

voted aye.

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

'4

day of November,

STATE OE MISSISSIPPI COUNTY OF PRENTISS 1, GENE GRAY, Chancery Clerk for said state 'and county do hereby eer;ify that the foregoing is a true and correct copy of same as it appears of record in this office. day of â&#x20AC;˘ , liven under my hand and seal of office, this the

V.

r

)1

1.92o_9â&#x20AC;˘

Chancery Clerk

-

Exhibit 14 - 22

C.


RESOLUTION OF THE BOARD OF SUPERVISORS OF IPAWAMBA 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-. OWNED INLAND PORT ON YELLOW CREEK'IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT

WITH.SAD 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 ip 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 cou hty, Mississippi; and WHEREAS, neither TishomingoHCounty, 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 contractfor .theacquisition; 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 trict to act as the'authorized

EXHIBIT "D"\

Exhibit 14 - 23


agency to contract'for the.acquisitionâ&#x20AC;&#x17E; development and opera-

tiOn of a state-owned port on Yellow Creek in Tishomingo county, Mississippi, NOW, THEREFORE, RE IT RESOLVED by the Hoardof Supervisors in 'Regular Session, assembled as, follows4 Section 1. That the Board of Supervisors, acting A ti

and on behalf of said County, has and does now decline to the tax of tiro (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 f 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 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-wita

â&#x2013;

Exhibit 14 - 24


CONTaACT This Contract made and entered into by and between the COUNTIES OF TISHOMINGO, ALCORN, PRENTISS and ITAWAMBA, MISSISSIPPI, aoting by and thro r gh their respect:0.v째 Boards of H Superviso,hnaft ed to as "counties", Parties of

the First Part; and TOMBIGBEE RIVER VAIJLEY WATER MANAGEMENT DISTRICT, an agency of the State of Mi4inissippi, hereinafter referred to as "District", Party of the Second Part, WITNESSETH3 WHEREAS, the parties hereto desire to co-operate

with the Tennaeee

Valley Authority and the State of Mississippi,

acting through the Mississippi Agricultural and Industrial Board, in the acquisition,'development l and operation of a stateowned inland port on Yellow Cree 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 Tennestlee Valley Authority and the Mississippi Agricultural and Industrial Board for the

acquisition, development and operation of staid 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


WHEREAS,

District is willing to en er into the afore-

said Contract at the request of Counties and to undertake therein, the obligationa,required by the Aqt, subject to the terms and conditions of this Contract, NOW, THEREFORE, in consideration of the premises, the Parties agree as followas r

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 Aliso 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 propooediPort 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 funda more than t50,000,06 for such roads. 3) The County of Tinhomingo agrees to send a minimum of five county employees to ap approved Porte 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 olnewhere by Tishomingo County. ,Salary and expenses

Exhibit 14 - 26


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 requiredby 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 oxecgted on thl,ot the 4th day of November, 1968. TISHOMINGO COUNTY, MISSISSIPPI BY President ATTES ;

Clerk ALCORN COUNTX 4 MISSISSIPPI BY ATTEST; ,

President Clerk ITAWAMB\ COUNTY, MISSISSIPPI BY ' President

ATT • Clerk

PRENTIS COUNTY LSSISSIPPI . ;

)President

ATTESTs., Clerk''

' TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY ATTESTi .

I

President •

I'

.••■•■•••••.10•WII....1.01,

Secretary

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,

j

Supervisor Noyt Benter

moved the adoption of

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

, and the

game

:Ialving been put to a roll

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

voted voted voted voted ► otod

H. G. Franks Willie McFerrin Rendsili Spradling Ceol.l Cody floy ♦ Sontor

aye. nye aye aye aye

Whereupon the President declared the motion carried y of November,

Resolution adoPtea that .1.

President

STATE OP IVIISSISSIITI Itawamba Cocuity I, ARCHIE CATE'S, Chancery Clerk in and for aforesaid state and county, do hereby certify that the within foregoing is a true and correct L;opy f , certain • strument in ritirlg kilo n

y

LC,

i/:-,51(1:2 Lj1.--L-ci( 67Z

as 'aprlear of Jecord i`n ,the the records of, thus office

4452

-

4 .......

Given u lerirty hand and seal tithe 19e/ day 0 A.1 CHIE -CATES chnn D. C.

Exhibit 14 - 28


DRA -2 2-5-69

AGREIll.ENT Among MISSISSIPPI A.GRICULT -Jr.1,,L 1_10 INDUSTRIAL BOARD, TOK3IGBEE -RIVER VALLEY WATER :..:ANAGEMENT DISTRICT, And TENNESSEE VALLEY AUTHORITY

THIS AGREEMENT, made and entered into as of the

day of

, 1969, by and between the STATE OF MISSISSIPPI (hereinafter 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 (herein-

after called "District"), and the TENNESSEE VALLEY AUTHORITY, an agent and instrumentality of the United States (hereinafter called "TVA"); WI TNES S ETH: 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


which will provide economic barge and rail transportation for existing industries, make land available for the development of new indnstries, 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 1963 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 Tishomin g o County,

Mississippi (hereinafter sometimes referred to as the "Port Project"); NOW, THERE2ORE, 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 ac .quisition, financing, construction, and operation of the Port Pro j ect, 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 boon identified

2

ard

filed. On the basis of these

Exh lb t 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 â&#x20AC;˘ 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-

vided for in section 6 of the Act; and have requested District to act as 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 - 3 1

3


II DEVELOPMTT 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 CI-QC.: embay-

merit of PiCkwick Reservoir, together with facilities for handling and warehousing general cargo. That portion of the project to be built on TVA 7 s

.

land is hereinafter sometimes referred to as "terminal." Access'.to the terminal will be provided by a railroad spur connecting with the ,Southern Railway main line and by highways connecting with State Route 25. Ac 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 development purposes. In addition, it is contemplated that certain lands is the 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 â&#x20AC;&#x201D; 32

E.


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 â&#x20AC;˘ 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; (b) the lands marked in green on Exhibit C attached hereto; and ( ) if after purchase of the aforesaid property, there is available remaining funds, such remainder shall be used for the purchase of additional industrial land from among the tracts marked in red on C until the sum of 4.5 million â&#x20AC;˘ has been expended. (2) Convey by deeds in form satisfactory to TVA a perpetual easement and right-of-way for railroad

5 33


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 19t2. C. District will: (1) Underwrite the operation of the Pact Project and the sale of bonds as hereinafter. set forth. (2) .

in the planning, promotion, and execution of the industrial development program.

All obligations of TVA hereunder are contingent upon the availability 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 s e t 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 mapping,' surveying, title examination, and, Irhere possible, the

optioning

of property interests to be acquired pursuant to section 11-B above. Final

6 Exhibit 14 â&#x20AC;&#x201D; 34


property acquisition by purchase will begin as soon as hoard is nOtified that TVA has obtained the appropriations necessary for the design and construction of the terninal. 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 terminol 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, including the following: (1)

Surveying

of property and preparation 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 â&#x20AC;&#x201D; 35

7


(5) Furnishing TVA personnel for use as witnesses in condemnation proceedings. For all services performed pursuant to subpara g raphs (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 e:.:celit for.TVA's furnishing witnesses as set forth in subparagraph (5) - above, Board shall be solely responsible for carrying

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 thetermdnj

r. ./. 1 1 i I, i t

I /1


shall be c - ,)crated and maintained by Board acting throur; a State

Inland

Port Authority (hereinafter called "Port Authority"), wh'ch shall - be solely responsible to Board. Board shall 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 terminr;1 operations which may be necessary to provide adequate terminal services for all shipbers, receivern, and. common carriersrequesting 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 Supervisors 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 cf 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

ZXhibit 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.

:!- very effort will be made by the Parties to avoid

unnecessary overheads in the operation of the port.

V DEVELOP=o7T ACT IVITI ES

Maximanl 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 (,,:,ve:rnmfmt in this con-

â&#x20AC;˘

other local

ih%recs.

use of the terminal and the development of

(

,

and caiJ;Lirw ihdusL;ries..

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 indastriaa Eroups.with potential for the are"


VI LAD:D SALE ;,.ND ZI:ANAGENENT TVA and Board will male a physical survey of all 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 s1wl 1 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 indUstrio/ development purposes. The amount charged for the rental or lei Se of such land will be no more or less than the amount charged for land of similar type and qunlity in Tishomingo County. In order to carry out the resource development purposes for which the federal investment in the projett is being made, Board agrees that, except for the temporary rental c.)r lease of land for agricultural purposes, no land may be sold or used for any purposes other than for project construction or industrial developent purposes without the prior written approval of TVA.

VII UNDERWRITING BY DISTRICT CI BONDS AND OPERATION OF PORT District shnll establish an escrow fund in an amount of 450,000 or an amount aufficient'to pay the estimated deficit

Exhibit 14 â&#x20AC;&#x201D; 39

tHo be


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 mcci 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 12-month period. Said funds shall, insofar as practicab10, be funds which District has allocated for projects of a local nature in each of the aforesaid counties. Provided, however, that nothia: in this contract shall be construed to limit or restrict in any way the uncon-

ditional 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. In' consideration 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 recuired 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 undervriting said project in accordance with section IX hereof.

VIII ISSUANCE, SALE, AND VALIDATION 02 BONDS There shall be llsuud froa ti m e to time bocids, of

Stte

Ylississippi, as provided in the Act, in an amount or mounts not excoediag

Exhibit 14 â&#x20AC;&#x201D; 40


the limits now provided by law or increased limits which may hereafter . beprovid,thbesofwichalbeusdoyfrthe ',pu rposes as set forth herein. Said, bonds shell be issued by the State BOnd Commission with the concurrence of the Commission of Budget andAecounting, and upon srtle the proceeds are to be placed in a development fund as hereinafter provided. Ti 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 mannery - be issued to offset the deficit, subject to the limitations provided now or hereafter raised by law, and, unless otherwise nrovidod in the resolution authorizing the issuance of the bonds, said additional bonds shall be deemed to be of the same issue and shah 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 ati such place or places within or without the State of Mississippi, shall; mature absolutely at such time or times, be redeemable prior to maturityat 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 determined by resolution of Board; provided, however, t;. ;t such bonds shall mature in annual installments beginning not more than four

(4)

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

â&#x20AC;˘ years from date thereof.

Exhibit 14

13 41 (1.


The Attorney General of ississippi shall repros'cat the oL,a,e Bond Commission in issuin, , selling, and validating the bonds here.in provided for, and Board is hereby authorized to expend a sum notxceedil-,7 ;15,00 .0 from the proceeds derived from the sale of said bondS u the cost of approving attorneys' fees, validating, printing,

and

4. , _

CO t

of delivery of such bonds. The bonds issued from time to time shall share rat Ably in the funds pledged. for retirement of bonds, and shall be entitled to payment from said funds without preference or triority as between the various issues or series of bonds.

Ix DEVELOPMENT FUND Unless otherwise provided for heroin, 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 qudlified to act as county depositories, allocated in sUch equitable manner as provided by statute and as Board may determine' Such depository or depositories shallcUalify as such by de ositing bonds or ,

other securities in the amount aad as authorized by law to secure deposi 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 - 42 lzE


securities or other securities authorized by lay until such time as said Ponds are needed to defray the cost of the land acquisition or other H

authorized purpoSeS for which the said bondo were issued. Interest, if so carncd on ouch investments shall be paid into the Development Fund. The D -rocccdc, of such bend:, shall be used by -.3oard solely for pay=nt of the cost of its share of the Port Project and the redeeming of outstanding bonds, such purpOoes to include the following: (a) The cost of acquiring the railroad. right-of-way and industrial land provided for in section TI-B hereof,. including allengineering, surveys, appraisals, cour t eOsto, attorneys' fees, and other necessary charges and costs incidental to acquiring said land, and including the reimbursement of District and Board fer actual costs incurred in acquisition of propert y', interests. (b) The costs incurred by Board in acquiring, constructs g, and improving the necessary access roads to the terminal, or to day-cloned industrial land. (c) The cost of approving attorneys' fees, validating and printing of bonds and the delivery thereof, not to epcceed $15,000. (d) The reasonable cost of employing engineers to make any required independent determinations and appraisnls by Board relating to the Port Projec t


(u)

The interest on bonds -cending use of funds. The smcmnt 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. A

X DISPOSITION 02 RETLWUES 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 oar 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

T119771W?0 "


other

L',OUrei.:3 Of

charges what-oever prescribed, levied, and collected for

the use, occupwicy, or sale of any part of the indust'ial 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 caa-ryirz out its oblizations to underritc the Port Project, and all monies from every source ihatsoever receilved by Board and/or Port Authority in connection with the Port Project': : , are herein â&#x20AC;&#x17E; revenue.â&#x20AC;? Said cross revenue shall be deposited â&#x20AC;˘in' a defined as cross bank or banks qualified to act as county depositories to be selected and designated from time to time by Board in an account or accounts` to b e known as the "Gross hevenue 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 be co=ingledwith the funds of any other port, harbor, or other undertaking. A. Disposition of Gross P.evenue Gross revenue shall be applied as follows: (1) To current expenses of operating the Port Project, -incladin3. ,but not limited to, the costs of necessary maintenance, repairs, and alterations; salaries - and wages; costs of materials and supplies; insurance; auditing; legal andpo- : fessional services; and the sums- recluired for promotion, advertising, and expansion of Sal

Exhibit 14 - 45

L7


facilities under normal, -easenable, and economical :r.anagelent as determined and approved • by Board. and TVA. To current bend 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 workik;

capital adequate

to cover operating euscoses for a-reasonable number of weeks. (4) To the aims to be paid into the State Ports 'Fund provided for in section XI hereof. (5) Commencing on the data upon which all bonds issued • for the Port Project shall have been paid, or upon which the amount in the Bond and Interest SinkingFund hereinafter described shall become sufficient ' to amortize all outstanding bonds, there shall like. wise 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' reperit of TVA's investment in the . project and in lieu of any rental, lease, or other

13 Exh

L 14

7

46


eharLesby 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 / 0 ,.(

the gross revenues

. remaining after the requirements of subsections (1) through (5a) are met for the preceding 12 manth period. -

Credit toward annual paymen

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 facili-

ties, the 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 investmentshall 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 - 47

19


applieable overheaJs; together with int:rest; on the unpaid principal at the rate of four and fivaâ&#x20AC;˘eighths

percent (4-5/8V,),

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 subsection 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.

Dinoition OL :c2t

The items covered by subsections A-(1) through A-(5) above shall be lawful deductions fran

gross

revenues, and "net revenue"

is

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 recuirod to be pa .d into the Bond and interest Sinking Fund as provided by the resolution

or, resolutions directing the issuance of bonds; (2)

Lo 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 ofâ&#x20AC;˘bonds;

Exhibit 14 - 4.8

20


(3)

To the sum or st.mL; required to meet the provisions O f the resolution or resolutions directing the â&#x20AC;˘ issuance of bonds with respect to redemption prior to maturity; provided, however, that if no such bonds be outstanding, then the remaining net revenue shall be used by Board for the improvement, operation, advancement, development, maintenance, and advertising of the -%,fllow Creek Port, or other area development projects which shall have been approved by District . andTVA.

The said gross receipts shall be received and immediately deposited as provided above. The annual operating funds, defined in subsection A-(1) 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.

Xi

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 Board4nd to be designated as the "Bond and Interest Sinking Fund of the Port." Said Sinking ;Fund shall be pledged to and charged with payment

Exhibit 14 - 49

21


(a) The interest en bohds issued under this contract as such interest shall accrue. () The principal of such bonds as the same shall become 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 disnosition 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.

X1J STATE PORTS FUND Commencing after the first year in which the revenue of the Port Project shal be suffieient'to meet the recuiremonts of subsection3A(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 Loard for the promotion, development construction, improvement, expansion, maintenance, advertising, and general advancement of the state har:aors, Ports, rivers, channels and waterways, and may be ex-oended pn requisition of Board for such purposes and for such other purposes as in the opinion


of Board may be to the best interest of the ports, harbors, and waterways of the Sta:te, including ,-)ayment of saiaLies of perzonnel or Board staff who perform duties in connection with the Port. The, amount to be paid ancurly may be increased or decreased on order of Board,. concurred in by TVA and District. :; -othing

this section

of the contract shall be construed to limit the creount which Board may spend or authorize to be spent in the administration, promotion, and advertising of :the Port.

XI II

BREACH OR DEFAULT 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 n11, 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 rise to the breach are corrected or, in the event of default of payment to TVA, until sufficient funds are accumulated to discharge al l

delinquent payments. These remedies shell Inc cumulative and without waiver of any other remedies provided by law.

23


XIV

The xu.L. Auunoritysh:;17 Pare and ado17) an annual budget for the oseration of the Port Project, which budget shall be subject to the ap2roval of District, TVA, Board, and the State CamrAssion ofBudff,et and Accounting, and expenditures for the uocration of said Port Project shall not exceed the :amount included in the bud5et. Said bud;zet ma be =ended from time to time upon good cause sho-47n therefor. The budget shall inelude adequate :funds for the efficient operation of the Port Project and may provide for adequate reserves for operation, maintenance, replacement, construction, repairs, promotion, advertisin!s, expansion and row facilities of the Port Project, and for unforeseen emercency 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 accountins' yractices. Board, or its designated agent, will conduct an annual audit of the 000ks and records of Port Authority, the results of which shall be made available to TVA and District on request. In addition, Port Authority shall the duly authorized agents of TVA and District to have free access at all reasonable times to .,111 books and records relating. to the operation and maintenance of the port. Port Authority shall submit annually to the District, Board, and TVA a full report of it2 work and all transactions carried on by it

and a

-v -A14 .-W1AVVOleNW

4.q,?Lt#OTT '


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 financiol statcm,ents and such other reports and information loo

,

such form as they may require from time to time, and so

as any bonds arc outstandinc; sh-'1. furnish copies thereof to District.

.CV

ii SJRA CE

or the benefit of the bondholders and other interested parties, Board will proVide and maintain in full force at all times sufficient insurance, ineludinfire, windstorm, and ext,ended coverac;e, to insure replacement of docks, baildins, ecluipmcnt or other facilities damatLed or destroyed. Boardvill, in addition, carry workmen's compensation, public liability, business interruption, and other insurance as may; be required by lair or by the resolution

02

resolutions dtrectin 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 DEFICIENCY TO BE PAID BY STATE The bonds issued under the provisions of this contract shoal Be payable first

frail

the Bond and Intere s t Sinkin41 Fund provided for heroin

E xh ibit 14 â&#x20AC;&#x201D; 53

25


Lit d ne ..:t by 'f)istrIet

...iii

to it

general obligations of the State of

0-41 faith

bacic.ed by 'L!'1C

j and credit of the atato, and if the funds available to Board c4d District shall be insufficient to pay fully at maturity any install=tJof principal 1 or intorest or both on said 'scads, than the deficiency chall bit 'paid by tne 00 ate ireasurer from any funds In the .Jta-te ireacury not. ten other, wIsc appropriatoa, and all such bonds aCIall contain recitals oltA:thcir â&#x20AC;˘ face substantially covering the fore3oing provisions.

4

Board and Port Authority will not use or permit the se of the q1 â&#x20AC;˘ will land on which the terinal facility is built for any purpose tiat result in the draining or dumping into Yellow Creo 01 Pickwie4:Rescrvoir of any refuse, sewa,ge, or other material which in the judgment)of TVA or ] the State Air and Water Pollution Control Commisoion would degrade water cluality to an extent' that woald be incompatible with the publi , interest.

XVIII POLITICAL ACTIVITY No employee of Port Authority shall take an active D x t in partisan political manac;ement or in any partisan .00litical coApain; pro. vided, however, that this provision doe:: not prohibit politleaU !activity in connection with:

Exhibit 14 - 54

01141.6.64:

26


1

A

17

An election and the nrecedin ,- ; campaign if none Of he candidates is to be nominated or elected at that election as representing a party any of whose caididates for prcsdentio2 elector received votes in the I .â&#x20AC;˘ 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 questOns relatini, to constitutional amendments, referendar4 approval of municipal ordinances, and others similar character. Tnis section is not intended to, and does not,affect Kin° .1% .,ht of Port Authority employees to vote as they choose and to oxprels!S their opinion on political subjects-and candidates.

TrX C0142LIANCE WITH CIVIL RIGHTS ACT Board and Port Authority agree to comply with title

vt: ; of

Civil Rights Act of 1964 and part 302 of chai)ter II in title 181 .Code of Pedera1 Regulations in conducting its programs and in 44 employment practices.

27

Exhibit 14 - 55

the the


IU_,_:::,T2ICTiON No director, ac,ent, or employee of TVA, Board, Distr. u Port Authority shall be admitted to any share or part of thisareement or to any benefit that may arise therefrom, but this provisichall not be construed to extend to a corooratiori contractinL; for its c , enern1 benefit.

The terms and conditions of this contract may be amend or chanted by Tjutual consent of Board, District, and TVA c=ept r , :otherwise spccificaliy.provided in the resolution or resolutions autori' .2,ina. theisuancofbd. IN WITNESS Wi=0:2, the parties hereto have e.:.:ccutinstrument in counterpart on this the Attest:

day of

1.()2,ICULTURIIIAND INDUE.:: (-221-AL LOARD By

Title) AtLest:

,

(Tit]

TEMSSEE VALLEY AUTHORIZ:

-0 1,â&#x20AC;˘


RESOLUTION REOUESTINC TGIA3IC3Pa; nivER VALLa W4TEft , . MANAGENNT DISTRICT TO FUND A PROJECT OF A LOCAL -NATURE ON BEIL.Pd.,P

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 Loard declared its intention to levy a special tax in the amount of one-half taill on all of tM taxable property within /acorn County, Nississippi, to provide additional funds to the Tombigbee River Valley Water Management District for the planning, undertnking, completing and maintenance of special works, projects of a local nature and construction projects in Alcorn County, Hississippi, whi

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 Doard proceeded to levy such one-half mill tax at the saiiie time that the regular tax levies were adopted on September 4, 1969, and each yonc thereafter throu,sh 1972. (c) All taxes collected pursuant to this levy have been paid co the Tombigbee River Valley Water Ecnagewent District to be used for the purposes specified; and to date a relatiVely small amount of these taes have been used for projects of a local nature. in /acorn County, (J

)

The Tn.u.?.ccee Valley Authority has prepared fOr and

on behalf of, and pursuant to the request of, th'e Yellow

ee h

State Inid Port LUthoLity a compre:lensive plan f!:..)1: the ::2eV31,-.TJt

EXHIBIT 15 - 1


of the industrial Properties now owed or hereafter to be acquired by the Port Authority in Alcorn and Tishomingo Counties, diss issippi, but before industrial development can begin in t hese areas, it is necessary to prepare, and secure the approva 1 of the Environmental Protpction Agency of adequate plans and spec ifications 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 ass

issippi statute since it involves the preparation of plans for public works of improvement for the purpose of prevention of floodwater damage and

conservation, development, utilization

and disposal of water; and this project has been found tc be both feasible and absoliitely 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 whichlto finance this proje..ct ; and although a portion of this projeCt will be in and relate to, Tisho.aingo County, Mississippi, the benefits which will accrue to Alcorn County, Mississippi are such that this Board is willing to request the Tombigbee 2.iver VaIley Uater Management Distrie ! . t to finance this project as a projectl of a local nature for A)_corn County, Mississippi. .

4

4 by the Board of Supervisors iuzJJLF0-: -.1..,. 3, BY.1 .VC "' - '1 1/;'.0 .1.

-1

-

of Alcorn County,Hississippi, as follows: t. The Tonbi'bee "iver

U , tor Yqn agement

District is hereb requod to r.aake available to the Yel low Cree .;1;X111131T

-2-


State Inland Port Authority the total maximum sum of fif* 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 locdl nature for Alcorn County, Mississippi

SECTION 2.

Clerk of this Board is authorized and di-

rected 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. VAESIDENT

-7,

X.111BI'l.

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 Mindtes of the Board of Supervisors in Minute Book

at pages

;

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

CLERK, 'BOARD OF SUPERVISORS 'r, ALCORN COUNTY, MISSISSIPPI

EXHIBIT 15 - 4


r

NO. 9

.

Tli;, 7tr'et Arm: 7nT. ?. 0, Alabam In

. 31 January 19.63

11c,fer

Yr. Glover Wilkins Assistant AdmInistrator Tennessee-Tombee Waterway Dovolocmcnt Authority City Hall 72,uild; Columbus, MissisSippi Dear

Wilkins

Reference. . - i:s made to our discussion, durinT; your recent visit to 1:,obile, in. rctard to House Bill No. 55, which was enacted into law by the Second Extraordinary Session of 1962 of the V.ississippi Lep- islature. . This action. has the desired. effect of providing letal authority organi',,,ation of the Tobiz,bee River Valley Water YanaEement District, whio .r4 when established, can fulfil' the requirements of local-cooperation for the portion ,of the Tennessee-Tombibee Waterway in Mississippi. It is requested that information be furnished concerning progress to date in the creation of the Tombigbee RiverValleyater nagement 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 withyou, 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 r:Action has bE.:-1 in Alabama to meet the requireMonts of local cooperation. nwover, as you kno, the State ofHAlabama has exhibited a [wnuine interest in the 째reposed project for the development of the Tennessee-Tombigbee Waterway. Since the Tennessee-Tombigbee Waterway Development Authority is actively coordinating the. efforts of the affected states, it is requested that you furnish us with any information available to You in reF;ard to meetin'g the requirements of local cooperatien in Alabama. If 'no single o c:ncy of the State of Alabama can 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 particularly since the Alabama Legislature will convene this year ' '

EXHIBIT 16 - 1


li'lL NT NO â&#x20AC;˘ 9

31 janual- y l ()63 .

Ithc,uh no :.7- unds fc -.-.â&#x20AC;˘ this r'l- oject worn contaf.ned n the rh-esident c.:3.=o11,:{7;c1 for. fiscal year 1961., f'ur,c] s con be by Co '12 he of local cooperatiOn m -a5t be

met before construction can be;Lin.

Your early advice in these matters will be appreciated. Sincerely yours

:v7,1,T, ,1I N Chief,

DOT- TF-1

on Branch zeal Estate Division

EXHIBIT 16 - 2


nr,,ESOLUTION ADM HY TOMHIGBEF, RIVER'. VALLEY WATER MANAGEMENT DISCTICT". W1-31.7•REAS, The Tennessee-Tombigbee Waterway project was authorized in the 1946 River and Harbor Act in accordance with a report transmitted to Congress 21 February 1946 (House DocUment No. 466, Seventy-ninth Congress, Second Session); and WHEREAS, House Document No. 1i66 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 supply 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 THEREFOIE, EE IT RESOL,VED that The Tombigbee River Valley Water t•i'anagement Disctict hereby pledges its full cooperation in the project and grants this assurance that it will within the State of Mississippi; construct, maintain and operate all high ,.•:ay bridges, and construct and miiintain all highway relocations or alterations (either by itself or by making satisfactory arrangements with agencies .01 the .. 3tate or County to provide the rec ,..tiretl construction, maintenance and operation) ; niche and maintain at its expense alterations, as required in sewer, water supply, and drainage facilities (either by itself or by making satisfactory arnangements with et'ner State, County or City agencies or corporations or private persons to provide and maintain the required sewer, water supply and drainage facilitities); assume the cost of operation and maintenance of utility crossings (either by itself or by making- arrangements with other State, County, or City agencies or corporations or private individuals to assume the cost of the operation and maintenance cf required utility crossing); provide and maintain 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 •

1964. -

(J. C. Whitehead, .11r.

of Evelyn Sec; ry Tomb'ct-, ce 1-,.tiver Valley '.:ater Ma: -.agement Disci:en certify that the foreduly -n,assed. as recited therein, that foregoing }...iesclution going is a true copy of same as it appears in the .Minute Hook at Page Vol. I of the records of said District. (Signed)

(t.'Irri Evelyn Ra•

Mr. Pounds also presented an excerpt form the ": , :inutes of the ';'::1;:s exmeeting of the State Hirinv,.aty Commission .:arch 10, 15-,M. since it very Vitally u heneby made a par t of these m'rtes, cerpt The original copy Signed.. by concerns the Resolution. which proceeds. the Seerctary of the State Highway Commission is found in the flies of this association. - 7 -

EXHIBIT 17 — 1


••

• C. ,

.,_:... "

c, r. L.

L,.. H.: ,

C. ‘..7.

4.4") " -....,

-;

. , L.1/

I. D. (.4r.,

CI:,

4-4 4:-. .

L'....

0 ..

•-•••

CD

4.r-4

-..- 1 .,

4,

-.4.

C47.4

r 4-4

,.)47

[• I

.....:

c ,*

4L .),

4-, , ,---4 .

t•-• L:•.• " ,

• .1 CY

(-4 ., ....)

411.

cr

r . 7.,

r-1

: :: . '

,....)

....%

C..:1

C., /4'.) 4,7,4:;1 (0 4-4

.• C., : -i •: r',C1

C..) ..-1' .--.

i -, L, 04.. 7.,4. .,z 0-.,. C.:, C'.1 k. Cd .17) rC4D-'

.)

0

'. . A1 ■

/...-'-C-I. 1....

O

..../; . . " ;: : C..:-. ■-•-.. ■• : CC( I",

(..7 I!) C,1

." <-

:1. ,.,I. I.). C: .4.-

C I

:.

C.,

c

',.,

C.

1 1

.--4 ON

^I

..7:"

lJ

s72,P)

C. /

4:7 C 71

C...,

C...)

C)

/...

C......)

CO

,

J .-

C,) ..)

C, ..:-..

.

0' .■ 4

03

; .)

CL.

■: ..) CO.

C) C...

. 0.5. C., CC-)

4

rf-}

.,--4

C)

.7.) : " :".• C-.)

...)

....L, . .■ .7;

O

P

a ,,::

C4

C."-, ..:4

t...-0

CP.

C., .. C-,

co .

C'

4

i n•

0-1

..-)

C.,.

C.)

.. ..),

.::, . CV ,

C)) . P

v-..

Cr-.; ........

a

co

-...

....). .1.- 4' •-.1 .....-1

0"., 1-C:...

C"

Cr, CO: 44 74•••-••

C) ,:•

4. -0 .r..,:,. .-•-4

.

4.74

n

47,

0

C4+.1

0 ,

..::),

C.:.7 ( 7)

C)

L.. ..L.

4, .., c4

CO

,'„'"

■ -..

C.:./

..

i -•-• e--4

il

<7,----.•:C) I')

V; Cr,

C,

, ., ._) 4.,::.

C_') .. P

VI

4.--..

,

(7,

1.c,

o-,

.'4

.04

or; CO

co ,..r.,

i'Cr,-', ri C.) i(7. '.., t..." 1r) 4--.. 0 . CL O4 4". . , -1•7 ... C.) 1.-• i...O.

4'C..)7.7 ...,4'4.:".44.1 1.4-7. 7,.: • . C.1.-.-71 • C.. C . ) 4.C7.. D. 0 0•0 0 0 .. ....' 4o C; . in. , . 7 CO . 'r.... ,. ". ) CCA1 .1, r... c... C.4 .- 4 I-- - t4 .C24 Cl • C., Cl ....) C1'C.") C) C., Cl CIL., , . . a -:a .rr, in r.--I I-.- - ,- I r...: : CV CC .•414 C..) ' '...o. c -P• t. . .C7-, CD- j C:-. C.. C1' ....I C) C5 : 0) (...) h. kr) (J.

... h

:

I

0.„ r■'^1 (r) CJ 'C,LC .-.: ,

C

,7.7 •47' t•-•

• ..

C) C.". 0 C47,)

co .....'

C.)'''',

L.-.

• \0

c..;

.,.,'

..2.■ -

4 ..] 4--.-... 01 N, . .. .--.1

...Z.1. r-.I

:.' "::

,':--',

:....',

'(...., '

....,

C.-,

C...."

C, ,.

C .]

C..

4-,

p .•f

L'...

kr)

CV

.C.1 Lf

, r) 4-4

L, J. t„..-...

c".": Li')

-

I, : CV

.

C)

c .,

C.

C,

L-7."

C) L.'

C.. a:, 47

r.:'; cl] N.

.-1.-.1 c.c5

CL, -;

C...)

Cr)

.....0-

117-..

h-

Cssl-

Li

47) tCy

4-. rn co '"';'

Cl C). -r• In

'Lc) .--i

'..o .-■

CI.

C)

C) '7

0

Ch

C.;

CF.

("1

1,1

4.. C. 4LN.J.

C ilk .-..4

E.

..."-:.

C.

:_ ,' 0 ,■' '-.'), C,) c; 4, CD-

- -.)

-

C., •

•c:,

C.)

0

.

M

0 0

0 0 4..

0 0

C.) 0

C) 0

CD

Lc]

4- •

',co-

4‘; 1.1 Ili

47, Cr)

IC)

1/4c,

C1

...

C;')

.

ra

(V")

lip 1

• C)

. '

' c> c....

'2 ,.;

4:7. 4

.

r7;

, c.,

.

C:, :" C•.4

Y1

C.C) !

.•

"•'

C.-) C7 .c.=., <.-..) c.c, • c; oc.,,," CO

.1 ...:

CC c„;

I

,•''). 1,

C)

1

C.:i

",..-) ....4

r--. C,-)

kr)

GO

C.1

C. .

(.-)

0-,.). (.

C-... ..

0

C.')

Cl)

C,

CD •

CD

• l.--..,

C

C)

C.;

01 r.i .

L.0 CO

C)

P 4-{

LC)

P • Li) r-

Cr; :

'-0

V...:.

tr; C+".

C.) • C., .4 4 CD C,

CC

Cn .• .4 .....,

Cs4 :

0.1

..,..

..../..

tn. .--1

Q.' • -..i.

f•••••

4.0

. '''':

.

. ••

C

,. ) c)

. ( 1......,

C.0 . ..Q.,

.

■ ,'

c.,, C1

•-, . ......1

C- • . • 4.1.

• ,

:.

c.1 i'.

;I C

',

:.: 1.,.

::.;

.

6.6-•

'

C) C Cl 1I

..,..

• '

'.

1 0 .,a -1-1. • r4

.. .

.

C, L ) 1 '-' ,,,,

CP4

CC ' 4, ...)

c:,

cD C:.).... .

.

C.

4

C's

c, -

(7. 61...

C..,,

cil

C'7.

, ..-,1` .. .-.4

.

,

0,..

',..,', . C>

CA •

C2

0 2, , ,:y.,

CD

C.

-4'

Z,...':

:

0..,

,

4.:,

4'.•

cr'•

, .

',.

C.; ....'"1,F".4 . :

OS

C)

I

C7'. L'.1

1

• ,

a

. :

C.;

''

.-

.1 . '•

z•

C.'"

'1:-.

4-, t..) LI• .-/ . '..7.

1-.

' ,

0

.; .

,

ti; -•

• ,-.. .---1 CC• ,...1

.,

-r.

ro

rj

Q

hJ ,• ...

.

e

w

4) 0 l..)

r.

i-L.

F.

41.

t.., • ,-, ,.., ,...'

4

EXHIBIT 18

ill 4t-

I.,7 ll •...1

4-■' I.1. C)

C

44

Cc

;A 0 . Lr LO

.);.„-4 C. '0 C J. ,(;),.. ..,_4.•

of ')

/1 J"

ft

..-.1

a i ll

• t-i

CI r, ..!

.... I.• U CI

-, ..1 ..--1

c....;

c.,

Cl

04-1

444, I4,1

11

n1

, n)

t: 11 ,Il

.- ../ .4 C)

...,

CI n.:., .1 Cl

, j

- 1:

'

t.)

,

..l■

.,

..••_._ P

i y

C) CI .I

-r-1 .i

i

CI

cc..

.1.... h:

'V

.---1

cD ro

i: I, .1.1

c.4_, • ,. c:

4-1

CA

o

.71 01 '

c.: • .. • r.•

r;

0

0 ..-1 c- 4 e 1... • ,-) I, CC

R7

(41

4.,j.

oil ,

I /) ;3' ...-..

if)

...I

i•-•

.0

L..,

,...1 "0 .,.,

C7) . C.'-', i -•

..., . .4

'''. ' '''-,. .? U

yr.

.

-3

C,) 1 • ..',, L.

c.: 0 • .'-'. )C

l'.:

1.

'] .0 di I., c..,..

4. .1.4 :r]1:: ,.. ,' C.1 ii.: • 111.

IN

.1c) 1

,

,,,,

'

VI

:: .' , ''',

II

a; 4.,

o

f-•

4 .)

C)

• ...

'.. -•

1- 7

441

, t)

.. ".....,

:. • •J

1-4

......-...

f2:.

.

1.'

'

,

:

4

'

......

.


GC, 0 rEC â&#x2013; IMAt... 1t41ILDING 30S03

RI REPO REFER 10:

5 Februar.1970

1.11MRE -A

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 Uatchic 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 ToDhighee River Valley Water Management District very informtive 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 Tomb4 , bee River Valley Water Management District could be an acceptable local sponsor for that portion of the proposed Hatchic River Basin Project which lies in ::ILssissippL. 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 liatchic 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 4â&#x20AC;˘


0.■

LMNRE-A Mr. Jim Smith, Member

5 February 1970

to•sponsor the project, a letter to that effect would he 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,

r (

CHARLES T. WILLIAM Colonel, Corps of Engineers 'District Engineer

2

EXHIBIT 19 - 2


0:: FLDOD CONTROL'.

LocAL CCOR,A1,LC ,N r!kOja;T-Y.ROVE1ENT RIVER AND '1'bIARIES, XISSISSiPPI AND ALAAMA FUR.

M1EREAS,' the Flood Control Act of 3 July 1958 autorized the Secretary of th e Army to mD irove TorThiOe River andTribuand'Alabama, by taries, of channel clearing and rectification on twenty-two tributary streams for flood control purposcs'l in accordance with the recommendations of the Chief of Engineers in .House. Document numbered 167, Eighty-fourth Congress, first s'ession;•and .lousc Document No. 167 provides for: Improve lent for flood protection, consisting of channel clearing and enlarge- • mcnt of existing channels, and construction of new channels as p:enarally deseribad in House Document No, 167 for Twenty Nile Cceek, tributary of East '2ork, SL::alefer Creek, a tributary of East 1, ork, n54 Browns Creek, a tributary of East Fork, :Little drowns Creek, a tributary of East Fork, Donivan Creek, ,a tributary of East Fork, Mantachia Creek, a tributary of East Fork, West Fork of the• Tombigbee Ri'Ver (Old Town Creek), Buttehtchic River, a tributary of Tombiee River, James Creek, a tributary of Tombigbee River,. T River iver, a tributary of To ii Catalpa Crack a tributary of Tibbee River, Sakatonchee Creek, a tributary of Tfbbee River, Line Creek, a tributary of T.i b bce River, .North Canal, a tributary of Lino. Creak, South Canal, a tributary of Line Creek,• Johnson Creek, a tributary of Line CfC.0.1.:, Trim Cane Creek a tributary of Line Creek, Sun Creek a tributary of Trim Cane Crack, Luxapatila Crack, 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, Yobile, 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 far construction work to be performed by 'tb.e. United States, provided that in accordance with the reciuircments of Section 3, .of . the 2133d Control Act of 1956,,and Public Law 85-500 OfH3 July 1 958',' prior to constrUction, local interests agree to: a. Furnish without cost to the United States all lands, casements', and rights-of-way 'necessary for the construction of the' 'project. • b. Hake at their expense all road, highway bridges , ancl'utility .changes, alterations, additions, and relocations necessary for the project. a. Hold an save. the United . Statcs free from damage due to the construction works. dt

Prevent, future encroachments in the improved channels.

c. Nal..nte,in all the works after completion in accordance with reulations pre.'“)ed by the Secretary of the'Army. 0 - 1


[

,!()1%k

r

cont . cLc,:ion, the cOlribn Lhe estimatz. f)roviued in to 0): ap . -)ortioned on a pro-raLa Jasis usin , . Table.7 del it Table 9 of the Rport of the Distr`Lct Engineerin ilouse Document No. 167, Eighty-fourth Congress, —first session; S1,73,060.0Ci

Lill'

CC, ;;U Ll

and provided fUrther that constraction may be initiatec oclany portion of a stream or group of streams for which the requiremntsof local cooperation haVe been met subject to the condition that construction has been started on all portions of the stream or group ofjstreams downstream theefrom; and W:iEREAS, the Tombigbee River Valley Water Management District is vitally in in the proposed work of il.aprovement,!tand desires to fully cooperate with the Federal Government in the project; NDW 1'HF,RE1'0, LE IT RESOLVED L:hat Lha Tcwi.bigbee R.iver Valley Water Manageinent District hereby pled g es :its full cooperat i on 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 o i the project . 0. Make at their expense all road, highway bridge fs and utility changes , alterations additions, and.relocations necessarylfor the project. • c. Hold and save the United States from damages qua to the cons-truction works. Prevent future encroachments in the improved channels. e. Maintain all the works after completion in accordance with. • regulations prescribed by the'Sccretary of the Army. f. Contribute in cash or ec.;uivalent work, the sumof$757...2991) which is the pro-rata share of the total cash contribution os $1,473,000.00 required for the portion of the project ilvf4e State of Adopted in Session this

,29c?

day of

(

1/ • /1"-ZiV /

J-.Y" )

PresIcent, l'omolgtDac t av .r Va.L.ley Water Management District"

(

From M ..inuLes of'(uarLerly Meeting; 23, 1963)

!, 1

.EXHIBIT 2.0 - 2 .

.


s

::-•„

1;

Iv;

:„.

1:1

-

L'efins:.11ere.ri liilruinrJ

,Larea.111:1 •

11.Li

of ,1011:3•L:j

An:Y:5'1

1 ',1,5,1 1.' 3 :- 1.: L •• :y 51 L1.. , (":5.:•:•%.; . '.1, 1,1',W1., ::1,,•00: : Li' 1 1.' l'ir 0 w 113 : 7),!:,:s.:1.11 71 re•L'LL: - iI :11:101,1a:1e (.:135.:1::.-- -; 113,7 1 1 11',...4i, •1•11.43,:: .),1110 1.1 1.6, ! •- .,1.1 • 154.1.1 L3' ::•.54:1) 1 1-:1•30;.11: ;1011,1:L:L:11::: 71:3.5/r 1 (:1',1:0-a: i 11,6:.S C'IL.Lok... 1 Gr01:3-4: 1 ,11 -;•31;

; (":::::•11 11 .:L7:11 (1 ;.• • 1 1 ,•

7i

41 -.1`

1'0,1. 1:Ltoe".41CALL: uareo 1 1 ', .51. :: 5 . , 911. • :'S. r. . 1%11 :1, 1 3.1 :2, L.: 3, 7 7'2. 4:I 11 3.2.•:.': 1. 7 2,4 : '.. 3 11, 1 C' 0 :'I -0; ' 21.1: (L .2 i . , .; ! 1. 1 . - : - 1 ' .3 3 25: S 41. S 5', 0 1 71. :-: :s.1 .1.4 .. 1 ;-L. n :-Jc.. 1. 1/. 5 39.3

'25. G 51,11

/3 3.11

•,,,i, :

.....

;:1-11iL

(i::3111) 7. :30.;,33:y/ 7'4" "

.1.

1:;1'1;r--

;

.1.7.11 .L1,1 211. 71'.. 11:5511 71,11.1 !,,11.1-,0 •1 7 •

177. I .,

16.^_ •:, :: 1.1".. L-1 1.5. 7 S3 1. •1 1.11 1.3 3371 13. 0 :13. 7

A17:.5:511,30•1/1.:

D:1:11:1:50 T01:11 i I ‘52::1.,;(1 1 1 i I

5'2 7 ' N.17 ' 11.5 15.11 3.11 5. 3

l'1:3. 1 I 1C.,. 0 ! 11:1.1 1 13:1.0 4. 3 1 .' ■ ' 1

51. 7 17.11 111. 7 1'0 1 ,51-1 /1 ,1 7.1 ) 4 S. I 13.4 I :111, L1.9. /4 ; 103.1, 1.1 1,114,1 11 :

(11.111;./.0 1s1 1.11:,1

14,x.1 ._, 1;:,1, 1 7.4 .1. 7 2124. 3 . . ■.1 2-5;1. 1: 3 5'■ ., : -t. 741.4 11'. :. 5.3 1/.7 1, 3 11 .3. 11,11 ;:7. L1C, 921.3

7.L11. I.

21. :1.1187 LI!. :.111•

7,3.1 5 0. L1 151,1 11:3, 133,3 34. 1 ,. ti

I.!. 7

112. 3

41 1, .11;•06.3

',L7, 1152.1 ;14,0•1 1

!

j.

1'

EXHIBIT 21 - 1


i)V,PAUT!,.11;',\."1'

Id- t1o JA.ch- t-;oN,

(0 thee

O1

,.1-; . i . 1(:) ,,

(At t

0;) :J0:205

A. F. Sum

4.11110." PAYN

August 29, 1973

AT i)1{\1:]' OEN i:id:1 7.

.A S!1STANT A'2"1â&#x20AC;˘017N1:1 GE :\ f: It A f.

Honorable John L. Hopkins Attorney at. Law 402 Franklin Street Corinth, Misisf.;:ippi 38834 Dear Mr. Hopkins: AttorneyHGneral Summer has received your letter of'. request of Aug05:[7_ T7, 1973, and has as s igned it to th signed for research and reply. In that letter you ask following: "What obligation or commitment does the Alcorn County floard of Supervisors have with theTombigbee River Valley Water' Management District by virtue of iis having become a member a few years ago, approximately 1963. "Would thcAlcorn 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 TRVWMI) and designate these two mills for capital improvements in our sdhool 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 bl f the Tombigbee River Valley Water Management District. That iSeCtion

EXHIBIT 22

1


1.MITIr"

1 HonoraUle John L. Hopkins Anqust 29, 1973 Page 2

provides for the levying of a half mill tax for of the district.

the support

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 Thelast portion of that section says: "(T)he State of Mississippi shall continue to le' y not less than two (2) mills ad valorem taxes on each county in the district so long as any obligiltionG or bonds isoucd pursuant to this act remain outstanding." SectiOn 5956-141, Mississippi Code of 1942) Recompiled, provides . for issuance of bands and for the pledqing of the avails of the two mills sta[ ..o ad valorem tax and of the net revenue:; for the repayment of ouch bond:;. 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 pl_ecl ec1, 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 istatute 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 almatching one-half mill, but must continue the millage that has already been pledged to the Tombigbee River Valley Water Management District. Youl3s most sincerely,

A. F. SUMM E R , 'ATTORNUY CFMRAL BY EXHIBIT 22

2

ne. (Mrs,! Mary Li,1,)y Assi,tant : Attorney General


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. FADRA 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, MISSISSIPPI APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT ) AND TOMBIGBEE RIVER VALLEY WATER )

MANAGEMENT DISTRICT

) ) ApPELLANTS)

VS.

) ) )

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

) )

NO. 3248

) APPEMJEE )

ALCORN COUNTY, MISSISSIPPI

PLAINTIFF VS.

NO. 3240

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

DEFENDANT

MINUTE BOOK #3 2

Page #398 WAVW

'-1, 19 1111119.1P 9 , 1 !,1 ,, '!'


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, 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

MINUTE BOOK #3

Page 999


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.

7 6-

4

ORDERED AND ADJUDGED, this the 1Z1c1 day of November, 1973.

APPROVED AS TO FORM: SMITH,'DOWNS, COLEMAN AND ROSS i /) 7,< L. B Y: (( Ai-i1,4( /â&#x20AC;š... AT ORNEYS FOR TUSCUMBAtiIVER DRAINAGE DISTRICT

MITCHELL, McNUTT & BUSH iv BY:

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

,L t

ATTORNEYS FOR BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

MINUTE BOOK #3 3

Page #400 4

P',-9_,.PPTIWYTIVT,'


oT

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

DATED, this the

tâ&#x20AC;˘,

CIRCUIT CLERK

c-)

c

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 VACATION 1973 TERM

TOMBIGBEE RIVER VALLEY WATER MANAEMENT DISTRICT

VS.

NO. 3248

BOARD OF SUPERVISORS OF ALCORN COUNTY

APPEARANCES: Hon. John Hopkins & Hon. James E. Price Attorneys at Law Corinth, Mississippi Attorneys for Appelee, Board of Supervisors of Alcorn County Hon. O. R. Snlitb, Attorney Corinth, Mississippi Attorney for Appellat, Tombigbee River Valley Water Management District

it it

Ij

Hon. Fred W. Bush Attorney at Law Tupelo, Mississippi Attorney for Appellant, Tuscumbia Water Drainage District

Presiding: Hon. L. T. Seater, jr.: Circuit Court. Judge Aberdeen, Mississippi

ii

ii

Reporting: Mr. James A. Moody Official Court Reporter Aberdeen, Mississippi

-265.


2

The following is the transcript of the notes taken of the Opinion of the Court at the conclusion of arguments in the cause styled: TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT Vs. BOARD OF SUPERVISORS OF ALCORN COUNTY, No. 3248, 1 , as directed in the notice to the court reporter to transcribe the notes of said Opinion had during Vacation 1973 Term of Ii

Circuit Court of Alcorn County, Mississippi, at Aberdeen,

II Mississippi, on November 14, 1973. The Opinion is as follows: THE COURT: The Court finds today, from the argutents presented, that there was an ambiguous statement as to eligibility existing in February of 1963 for a county to become a member of the Tombigbee River Valley Water .::

Management District. It has been pointed out to the Court that Section 4 of Chapter 251, the General Laws of 1964, seeks to state the eligibility of Alcorn County in Suction 4 thereof rather than to amend, as Mr. Price has pointed out', he feels should-be done. The basic principal being that to vary a General Law, it must be amended by a General Law and not by

a private act. However, Section 4 of the Law just referred to, the 1964 pronouncement states positively that the public acts and deeds of the Boards of Supervisors of the counties of Alcorn," Itawamba, Lee, etc, are hereby approved, confirmed

and ratified in all respects. Granted, the Court does not believe that they were intending to delineate eligibility for membership; bl:It that Section, contained the '1964 Law, serves as' an indicaion

-.266. ,,,,,, , , , , , , , ,, , t14.111TIMOttutt ,,a-m

_I

1,


3 to this Court of the intention of the Legislature as to the posture of the Law as it QKited in February of l963 when Alcorn County obviously attempted to become a member and did become a member through the actions of their Board of Supervisors of that date. am of the opinion that the Resolution and Order of the Board of Supervisors attempting to withdraw from the Tombigbee River Valley Water Management District is clearly erroneous; and they were without authority to so act, ik

and their Order is hereby reversed by this Court. At the same time,:I am of the opinion that some relief should be granted. The Resolution, which I have before-me, the Order withdrawing abinitio, directs the Clerk of the Board to deposit all funds in a particular account

or

depository, and directs the Tax - Collector to turn over the

taxes collected to the Clerk of the Board rather than to the Tombigbee River Valley Water Management .District. -It is the - opinion of this Court that such a procedureâ&#x20AC;˘would somewhat hamper the operation of the DiStrict by allowing these funds to`

as you might say, in an

impounded posture. until.the -Supreme Court can decide this case. Therefore, I am going to grant some relief

because I feel that if the County does prevail in the appeal of thiS case, they would not be damaged by another fifty thousand dollars or a hundred thousand or so dollars when there is already three hundred and something thousand dollars at stake. The exact /nature of the relir3f which

can render,

I am not'certain. I will, in effect, take. that matter under

-

11'ft

Mf1110!

2 67..


4 consideration; but 1 want you all, the attorneys. for the â&#x20AC;˘ District, to submit your proposals. Tt would be ,;,ly idea that it would be in the nature of a Writ of Mandamus directing the Board of Supervisors to rescind it's order, at least insofar as this . particular aspeCt of depositing the funds - are concerned. The final determination of whether or not their order is erroneous will be left to the Supreme Court, if and when it gets there.

.266.

'AITAR-149-PA

NIIMM


5 CERTIFICATE I, James A. Moody, certify that I am an Official Circuit Court Reporter in and for the First Circuit Court District of Mississippi of which Alcorn County is a part, and that I took in stenotype the Opinion of the Court in the cause styled: TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT Vs. BOARD OF SUPERVISORS OF ALCORN COUNTY, No.

3248, had in the

courtroom of the courthouse in Aberdeen, - Monroe County, Mississippi, and that the preceeding transcript is made up from those stenotype notesHto the best of my skill and ability I further certify that I am not employed by .any party to this cause, or by any attorney in this cause, and that I am not related to any party or attorney in this cause, and that I am not interested in the outcome of said cause. This the 1st day fA)ecember, 1973.

LIThes A .

(4-

Lficial Court. Reporter P.O. Box 36 Aberdeen, Ms. 39730 BILL

COST

TO: Preparing original and one copy for appeal to the Mississippi Supreme Court:•5pages

-2 69.

14.1 1, if

,

! I !! 1.'01,1-F!

1°1'1111'!" 3 '!! - "s:

".

75

.


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI TUSCUMBIA RIVER DRAINAGE DISTRICT, ET AL, . . APPELLANTS VS.

NO. 3248

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

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. PRICE & KROHN J L. HOPKINS

/aAce

BY

TTORNEYS FOR PETITIONER I/ 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 certify that I have this day mailed, postage prepaid, a true, correct and complete copy of the foregoing Petition For Appeal to O.R. Smith, Jr., Smith, Downs, Coleman & Ross, Attorneys at Law, Post Office Box 191, Corinth, Mississippi 38834, the attorney of record for Tuscumbia River Drainage District, and to Fred M. Bush, Jr., Mitchell, McNutt & Bush, Attorneys at Law, Post Office

Mrtil

1

• H

TAIM!

'!

M


Box 466, Tupelo, Mississippi 38801, the attorney of record

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

NOV 2 9 1913 MRS. fikuHA iL DODU, .Cir. Clk. BY


IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI TUSCUMBIA RIVER DRAINAGE DISTRICT, ) ET AL, ) APPELLANTS ) ) VS. ) ) ) BOARD OF SUPERVISORS OF ALCORN ) COUNTY, MISSISSIPPI, ) APPELLEE )

NO, 3248

NOTICE TO COURT REPORTER AND

DESIGNATION OF RECORD ON APPEAL TO: James A. Moody Official Court Reporter Alcorn County Circuit Court Post Office Box 36 Aberdeen, Mississippi 39730 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 a copy of the oral opinion rendered by Judge L. T. Senter, Jr., at the close of the hearing on November 14, 1973, is desired. 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 Tombigbee River Valley Water Management District on October 31, 1973. 2.

.•

r

.1

Bill of exceptions, and filed with the Board of County, Mississippi, by Valley Water Management 1973.

' • • •

'1

all attached exhibits, Supervisors of Alcorn the Tombigbee River District on October 31,

'


3. Appeal filed with the Board of Supervisors of Alcorn County, Mississippi, by the Tuscumbia River Drainage District on October 31, 1973. 4.

Bill of exceptions (but not the exhibits thereto, since they are identical to the exhibits to the Bill of exceptions filed by the Tombigbee River Valley Water Management District) filed with the Board of Supervisors of Alcorn ''ounty, Mississippi by the Tuscumbia River Drainage District on October 31, 1973.

5Q Order consolidating causes for hearing entered November 14, 1973 by Judge L. T. Senter, Jr. 6.

Oral opinion of the Court rendered November 14, 1973.

7. Mandamus Order signed by Judge L. T. Senter, Jr. on November 24, 1973, and filed with the Alcorn County Circuit Clerk on November 28, 1973. 8.

Petition for appeal filed by the Board of Supervisors of Alcorn County, Mississippi on Novem-, ber 29, 1973, with the Clerk's endorsem nt her on.

9.

Summons on Tuscumbia River Drainage District and Tombigbee River Valley Water Management District to answer appeal, or, in lieu thereof, waiver of summons executed by either or both.

10. Copy of this notice and designation of record. 11, Circuit Court Clerk's certificate and cost bill. PRICE & KROHN JO â&#x2013;ş L. HOPKINS BY

-cc , TORNEYS FOR BOARD OF SUPERISORS OF ALCORN COUNTY, MISS ISSIPPI

CERTIFICATE I, James E. Price, one of the attorneys 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 Notice To Court Reporter And Designation Of Record On Appeal to James A. Moody, Official Court Reporter, Alcorn County Circuit Court, Post Office Box 36, Aberdeen, Mississippi 39730, his usual place of abode, and to O. R. Smith, Jr. 9 Smith, Downs, Coleman & Ross, Attorneys at Law, Post Office Box 191, Corinth, Mississippi 38834, the attorney of record for the

-2-

4111i


Tuscumbia River Drainage District, and 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 Notice To Court Reporter And Designation Of Record On Appeal, with a statement of how the Notice

was served on the Court Reporter and other attorneys. This 29th day of November,

73.

PRICE

NOV 2 9 1973 MRS, filortli b. DODO, Cir. Cik.


IN THE CIRCUIT COURT OF ALCORN COUNTY,

MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT, ET AL, APPELLANTS

) ) ) ) ) ) ) ) ) )

VS.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

NO.

3248

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

day of

1973. MITCHELL McNUTT & BUSH

, Vir

BY

ATTORNEYS FOR TOMBIGBE 'IVER VALLEY WATER MANAGEMENT DISTRICT

1913 MAS„ N,1/4 0, WOO, Ua..N.A.

VIIIMITIP 1411111-.

vfflMP

T11- -!


IN THE CIRCUIT COURT OF ALCORN COUNTY,

MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT, ET AL . APPELLANTS V S.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

) ) ) ) ) ) ) ) ) ) )

3248

NO.

WAIVER OF SERVICE OF PROCESS AND ENTRY OF APPEARANCE The Tuscumbia River Drainage 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 19720 Signed and executed on this the

5 It 2C),

day of

1973. SMITH, DOWNS, COLEMAN & ROSS

AT1ORNEYS FOR TUSCUMBI RIVER DRAINAGE DISTRICT

DEC 3

1973

MRS. FAAA Uw DODD, Cir,1 Mt M'IVPIVIMVAII I


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

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. 3248V

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


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 _ .1))77-42124k

'MA

PRICE & KROHN JOHN L. HOPKINS ATTORNEYS FOR BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

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

BY

DEC I 1 1913 2

MRS,

Cir, elk.


:)1

1 1

I

ji

.

.

.

••.'it'ir.ril ,-itrnr11.1111, '•1 •


MITCHELL, M:NUTT

& BuSH

PROFESSIONAL ASSOCIATION ATTIS RNEYS AT LAW

TUPELO, MIS5155iPPI

GUY. MITCHELL, SD. ilBe H1960) GUY MITCHELL, JR.

313801

P. N. Mc N LITT FRF.J.1 H. RUSH, JR. WADE. H. LAC.NRONE L. N

January 16, 1974

RAMS, JR.

GUY MITCHELL, Ill F. M 131)5H1 EII

TEA-. 501-B4P-3871 P. 0. 50X 406-

Hon. James Price Price & Krohn Attorney at LaW Corinth, Mississippi RE: Alcorn County v.Tombigbee River Valley Water Management.District et al Dear Jimmy: Sammy Smithapproved and forwarded to me for my approval the record on appeal in the above case. ,

I have approved the record and return i.t herewith, but I do have one or two thoughts. It seems to me that it would simplify.the record to have the Clerk indicate that the exhibits to the appeal of the Tuscumbia River Drainage District are identical to those of. the Tombigbee River Valley Water Management District rather than actually submit them in duplicate. I am simply thinking of the convenience of the Court in this regard. I also notice that some of the reproductions of various documents and exhibits are barely legible. I realize that some of those filed were not too legible, but I believe, out of deference to the Supreme court, it would be well to try to get copies of all documents which are clearly legible, and I believe this could be done without too much difficulty.

â&#x20AC;&#x201D;


Hon. James Price January 16, 1974 Page 2 As i Pay, I have approved the record and if you that is entirely satisfactory. want to submit it as make the above comments as suggestiens only If you will: prepare a motion to advance the ,caseH on the docket, I will be glad to join in the motion, and understand that Sammy will do likewise, With kindest regards, I am ,

Sincerely yours, MITCHELL, McNUTT & BUSH

Fred

FMB,jr/lhb EnclosUre: Record. cc: Hon. Orma R. Sritith, fir.

MT'

ITTF"1111Ttr"T

M. Bush, Jr.


LAW OFFICES

PRICE & KROHN 201.206 CHAMBERS - LiDOON BUILDING P. 0, IEOX 648 CORINTH, MISSISSIPPI 38634

JAMES E, PRICE

AREA COME 601

ROBERT G. KROHN

TEL. e6-6411-12

%.7

'

'1

1 1111 "ll 1' 1 :• 11-


1 MITEHELL,MCNUTT & BUSH PROrESSICINAL .4.55CLCIAT11]N

ATT 0 R N EY 5 AT LAW TUPELO, MISSISSIPPI

GUY MITCHELL, SR. (1661-19601 GUY MITCHELL,...JR.

BBOI

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

February 12, 1974

GUY MITCHELL,III F. M. BUSH, LEI

TEL. GO1-642-357 P. 0. BOX 466

Mis/s Frances-Piagrim, Deputy Clerk Mi -STS-Sippi Supreme C urt Carroll Gartin Justice 'lding Jackson,Mississippi RE: Alcorn Circuit Nos. 3232, 3234, and 3248 Dear Miss Pilgrim: I am in receipt of a copy of a letter dated February 7, 1974, addressed to you from the Honorable James E. Price, one of the attorneys for the appellants in the above cases. With all deference to Mr. Price's opinion, I believe that the exhibits are important to the case and that legible copies should be furnished the Court as part of the record on appeal. I made this suggestion to Mr. Price when the record was made up. i do not believe it will be necessary for the Circuit Court Clerk to retype the various exhibits since most of them are copies of official documents from which photocopies can be made. We will certainly cooperate in making available for reproducing by photocopy the best available copies in the office of the Tombigbee River Valley Water Management District. Very truly yours, MITCHELL, McNUTT & BUSH

FMB,jr/lhb cc: Mr. James E. Price Mr. Orma R. Smith, Jr. Miss Juanita Mitchell

1

n.,,,wymTliv--

t.-mgr-T11-.


STATE OF MISSISSIPPI

Circuit

To the Honorable the

Court,

Alcorn

of

22nd

WHEREAS, on the

County—Greetings:

July

day of

.19 74

(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 Jockson, in said State, on the 1 St following final

JU

Monday of

e'Clt

M

March

. , the , in the year of our Lord, 191.L..

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.

Robert G. Gilles -pie

WITNESS, the Hon 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 /

•''

'1 11

16th

September

day of

A D , 19 74

1 1 -

,

Clerk

) )

MINUTE ?,BOOK #5/

Page

,

, D. C.

By

202 .1

Ircuit Court #3248, 1 3232 & #3234) TwilmmirTirrm

't

'•".•

••

!•-•■

.

'r

!-

'

TRVWMD vs Alcorn Bd Supv_3248  

Alcorn Bd of Supv attempted to withdraw from TRVWMD in 1973, this is one of legal files for case which they lost and lost on appeal to Supre...

Read more
Read more
Similar to
Popular now
Just for you