BEFORE THE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

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

APPEAL

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

The Tuscumbia River Drainage District, (hereinafter called

"Tuscumbia"), a body politic and corporate of the State of Mis-

sissippi, being aggrieved by the decision of the Board of Super-

visors of Alcorn County, Mississippi to withhold its tax support

to the Tombigbee River Valley Water Management District (hereinafter

called "District"), (and thus from Tuscumbia to which said District

has committed certain funds for drainage and flood control programs

to divert tax funds heretofore made available to said District for

other purposes, and to withdraw as a member County of said District,

all as set forth in the resolution of said Board, dated September 28,

1973, does hereby respectfully appeal from said judgment and decision

as embodied in said order.

This appeal is taken pursuant to the provisions of Section

1195, Mississippi. Code, 1942, Annotated, as amended, and as authorized

by a vote of the Commissioners of Tuscumbia, at a lawful meeting held

in the City of Corinth, Alcorn County, Mississippi on October 5, 1973.

0-led hereWith is a Bill of Exceptions embodying the facts at

presented to this Honorable BoardAa public hearin9 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 or

resolution.

Tuscumbia has been receiving funds from said District for

drainage and flood control work in Alcorn County, Mississippi, and

Tuscumbia can receive no further funds from said District if Alcorn

County withdraws from said District.

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 Court of Alcorn County,

Mississippi at once, all as is required by said statute, there to

be docketed for hearing in due course as by law provided.

RESPECTFULLY SUBMITTED,

TUSCUMBI RIVER RAINAGE DISTRICT

BY: ,,

IT ATTORNEY

•

o 1973

MRS. Wis. elk.

BY' Page 2

I

OCT 8 1973

CLERK 4t- • — ;,..- -14-tyardI (

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 at-

tached 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").

2. Memorandum Brief of said District, presented to and

discussed before this Board on September 24, 1973.

• 3. - Resolution of th.. Board of Supervisors of Alcorn County,

Mississippi dated January 11, .1 963

T 1 0 1973

MRS. i-AAA D. DODD,.Cir. CIL BY

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 Missis-

sippi 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, develop-

ment and underwriting of the Yellow Creek State Port.

-2-

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 Water

way.

19. Letter' from Colonel Charles T. Williams, District Engineer,

U. S. Corps of Engineers, dated Febrtary 5, 197.0..

20. Resolution of Board of Directors of said District, dated

August 23, 1963.

21. Table showing estimated annual cost and benefits of im-

proving Tombigbee River tributaries and streams.

22. Opinion of the. Attorney General of. the State of Missis-

sippi dated August 29, 19.:73.

RESPECTFULLy SUBMITTED,

Tumnla RIVER DRAINAGE DISTRICT

11;;PIA /

TS. ATTORNEY

SW/1ED pursuant to the provisions of Section 1195, Missis-

sippi 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 efteLday of October, 1973.

PRESIDEN , BOARD OF SUPERVISORS ALCORN COUNTY, MISSISSIPPI

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 /P day of October, 1973.

C 6,01, ,/,?&,4L _„) FA D. DODD CIRCUIT COURT CLERK ALCORN COUNTY, MISSISSIPPI

ORDER OF TIM BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI AMENDING TIIE 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, )Aith, the provision that two mills of the State

tax collected in Alcorn County be withheld for the benefit of said

Tombigbee River Valley Water Management District, as authorized by

Chapter 224 of the general laws of Mississippi of 1962, and Section

5956-131, et seq of the Mississippi Code of 1942, Annotated, and

WHEREAS, the law authorizing such action 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, industrial

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 childs successful transition from

home to the broader and more complex areas of society are inadequate.

Therefore, the Alcorn, Prentiss, Tippah and Tishomingo Child

Development Program will assist permanent home and center based

programs supported out of non-federal fUnds for training parents

E xhibit 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 5,965 children

who range in age from infancy to twenty-one years have been identified

as having some degree of learning defects and mental handicaps while

there in an undetermined number of persons between the ages of six

and twenty-one years who likewise have serious and mental handicaps who

will be assured services for career preparation.

WHEREAS, the money derived from the above referred to

levy pursuant to statutory autitrity would assure a continuous flow of

these services to the children of these counties without the fragmen-

tation 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.

2. To provide a minimum number of adequate day care centers as models in each of the counties comprising the multi-county child development program.

3. To demonstrate methods and determine realistic costs of developing services on a multi-county basis.

4. To assist parents in being able to provide the 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 I - 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 Development

Program.

It is, therefore, ORDERED that there be submitted to the

State Commission of Dubget and Accounting by the attorneyfcr this

Board, a Petition on behalf of the Board of Supervisors requesting the

authority to utilize the two mills of State tax presently being diverted

to the Tombigbee River Valley Water Management District and to hereafter

divert the same to the Alcorn, Prentiss, Tippah and Tishomingo Child

Development Program.

Upon motion made, duly seconded and adopted, the fore-

going Motion was adopted by the Board of Supervisors of Alcorn County,

Mississippi on this, the 28th day.of September, 1973.

4 Z.4-t-L&c President

1'.1 Sn:!7...:7,17P1

and c, arirj

in arl for the State is a true

idliy and corn.

Chancery GleCA

C

Exhibit 1 — 3

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

I. HOW DID ALCORN COUNTY COME TO BE A MEMBER OF THE DISTRICT?

In 1956 the Legislature created the Tombigbee Valley Authority

(Authority). Alcorn County was one of the member Counties named

in the statute itself (Code, Sec. 5956-42).

In 1962 the Legislature created the Tombigbee River Valley

Water Management District (District) and provided that each County

of the Authority could become a member of the District, upon the

adoption and publication of a resolution of intent by the Board

of Supervisors (Sec. 5956-131, et seq.).

On January 11, 1963, the Board of Supervisors of Alcorn

County approved the formation of the District and published the

required notice providing for an election to be held if 20 percent

of the voters so petitioned.

On February 6, 1963, the Board of Supervisors of Alcorn

County adopted a resolution determining that no petition for an

election was filed and agreeing to assess a tax of one-half mill

on that part of the land shown to be within the Tombigbee Basin.

On April 17, 1963, the District was legally organized, with

Alcorn County being one of the participating Counties.

In 1964 the formation and organization of the District with

Alcorn County as a member was specifically ratified by the

Legislature (Sec. 4, Chapter 251, Laws 1964).

On February 16, 1965, the Attorney General rendered an

opinion in which he stated that the membership of Alcorn County

in the District was legal and that Alcorn County was as much a part

of the District as any of the other member Counties.

EXHIBIT 2 - 1

Much has been said about whether or not any part of

Alcorn County lies in the Tombigbee Basin. The official map

of the Corps of Engineers, which is Plat No. 1 to House Document

167, 84th Congress, dealing with the authorized flood control

project on the Tombigbee River and its tributaries, shows a

very small portion of the County to be in the Tombigbee Basin,

but admittedly, the exact boundary of the Basin could be located

only by an accurate survey. Certainly very little, if any, of

Alcorn County drains into the Tombigbee River. However, it is

immaterial whether or not any of Alcorn County lies in the

Tombigbee Basin for two separate and independent reasons.

First, the Legislature created the Tombigbee Valley

Authority and named Alcorn County as a member. When it created

the District it gave Alcorn County the right, at the County's

option, of becoming a member. By proper legal action, Alcorn

County became a member in 1963, and has functioned as a member

ever since. The law does not require that any part of Alcorn

County be in the Tombigbee Basin, and even if none is, its

membership is just as full, complete, and legal as that of any

other County. The Attorney General has expressly so ruled on

February 16, 1965, and again in an opinion dated June 3, 1968.

Second, the question of acreage within the Basin is material

only when a County is attempting to levy one-half mill tax on

that portion of the County. This became moot in 1969 when the

Board of Supervisors Of Alcorn County voluntarily extended the

one-half mill levy to the entire County.

2

EXHIBIT 2 - 2

II. WHAT DOES ALCORN COUNTY CONTRIBUTE TO THE DISTRICT?

The law permits two mills State ad valorem tax to be

retained and paid to the District for 40 years from January 1,

1965. This is money which Alcorn County would not otherwise

get. It amounts to approximately $41,000.00 per year, and

from 1963 through December 31, 1972, $237,840.72 was paid to

the District 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 one-

half 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 contribu-

tion 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 assess-

ments, 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

EXHIBIT 2 - 3

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 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

In addition, $6,600.00 has been expended on the Yellow Creek

Port as a project of a local nature from funds of Tishomingo

County and $50,000.00 from funds of Alcorn County at the request

of their respective Directors and Boards of Supervisors. The

industrial and economic potentials of the Yellow Creek Port

are tremendous, and no County will benefit more than Alcorn.

3. The District has obligated itself to act as local

sponsor and to provide or procure necessary local funds for

the implementation of the Tennessee-Tombigbee Navigation Project.

Such local sponsorship was a prerequisite to the beginning of

construction. No County will benefit more than Alcorn from

the Tennessee-Tombigbee Waterway.

4. The District is legally empowered to act as local

sponsor and provide the local funds for future Corps of Engineers

flood control projects in both the Tuscumbia and Hatchie Basins

in Alcorn County. This power is coextensive with the boundaries

of the District and is not limited to the Tombigbee and its

tributaries. This has been expressly recognized by the Corps

of Engineers.

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

There are three separate answers to this question, each

sufficient in itself.

1. Numerous legal obligations have been created both on

the part of the District and Alcorn County since 1963. To name

the major ones:

5

EXHIBIT 2 - 5

(a) The District has obligated itself to act as

local sponsor for the Tennessee-Tombigbee

Navigation Project, as stated above.

(b) The District has agreed to act as local

sponsor for the Yellow Creek Port, as stated

above.

(c) The District is obligated to act and is now

acting as the local sponsor to provide the

local funds for the Corps of Engineers' Tombigbee

River Flood Control project.

(d) Numerous other projects, including "projects of

a local nature" such as those in Alcorn County,

have been approved by the District and necessary

funds obligated.

The law itself requires that the one-half mill levy and

the contribution of the two-mill tax be continued as long as

these obligations are outstanding. Furthermore, there is a

constitutional prohibition against legislative enactment

which impairs the rights and obligations of contracts. It is

the opinion of the Attorney General, as stated in an opinion

of June 3, 1968, and again in an opinion of August 29, 1973,

that Alcorn County could not legally withdraw or be removed

from the District while these obligations are outstanding.

It is true that no bonds have yet been issued, but bonds will

be required in the near future to provide the funds for

obligations already undertaken.

6

EXHIBIT 2 - 6

2. Alcorn County receives many direct and indirect

benefits as a member of the District. Of the 2-1/2 mills to

be collected in the future, the District is obligated to spend

at least one mill on projects of a local nature designated

and approved by the Board of Supervisors of Alcorn County,

such as the Yellow Creek Port and flood control structures.

By virtue of the proximity of the Yellow Creek Port and the

Tennessee-Tombigbee Waterway, and the obligation of the District

to sponsor those projects and provide necessary local funds,

Alcorn County stands to benefit perhaps more from the District's

activities than almost any other County.

Furthermore, once a County comes into the District and

levies the one-half mill tax County-wide, as Alcorn has done,

there is no distinction between the County wholly within the

Tombigbee Basin and one with only a part or none of its area

in the Basin. The District can sponsor flood control projects

by the Corps of Engineers on the Tuscumbia and Hatchie River

anywhere in Alcorn County, just as fully as it can on the

Tombigbee and its tributaries in other member Counties.

3. For ten years, Alcorn County has wanted to be in the

District.

The members of the old Tombigbee Valley Authority from

Alcorn County and the Alcorn County delegation to the Legislature

were most active in the creation and organization of the District.

In 1963 the Board of Supervisors approved the formation of

the District and published the proper notice for voters to

register their protests by petition. Not a petition was filed.

EXHIBIT 2 - 7

'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 fora flood control dam as a

project of a local nature.

In short, the people of Alcorn County without a single

protest acquiesced in the formation of the District and the

joining of it by their County. Since 1963 they have, through

their elected Board of Supervisors, shown their approval and

endorsement of the program and projects of the District by

participating fully therein. The current attacks on the

District and attempt to remove Alcorn County apparently are

the efforts of a very small but vocal minority, which has not

previously been supported by the people or the leadership of

the County.

CONCLUSION

The present attempt to remove Alcorn County from the

District is but a repetition of abortive efforts to do the

same thing in the 1968 and 1970 sessions of the Legislature.

8

EXHIBIT 2 - 8

The main argument has been that Alcorn County could get more

for its tax dollar, but when viewed in the light of all the

facts, this argument simply does not hold water. Alcorn County

has levied only one-half mill tax for District purposes. By

doing this, it is allowed to retain and divert to the District

two mills of State ad valorem tax which otherwise would not be

available to the County. In return for its one-half mill levy,

Alcorn County receives directly one mill for projects of a

local nature. This is usually "seed" money which makes possible

the expenditure of matching or greater sums of Federal funds.

The 1-1/2 mills remaining State ad valorem tax which goes

into funds for District-wide use makes possible the local

sponsorship and provides the "seed" money for such projects

as the Yellow Creek Port, the Tennessee-Tombigbee Waterway, and

various Corps of Engineers flood control projects. While it

is true that Alcorn County has not yet shared in the Corps of

Engineers flood control projects, it may do so in the future.

Certainly, Alcorn County will reap far more benefits from the

Yellow Creek Port and the Tennessee-Tombigbee Waterway than

most member Counties, and it is only fair that some State ad

valorem taxes from Alcorn County be diverted to this project.

The statements contained in this memorandum are based on

facts which can be documented and most of which are matters of

public record. Any elected official or responsible citizen of

Alcorn County is cordially invited to visit the offices of the

District, to discuss any questions pertaining to the affairs

EXHIBIT 2 - 9

9

of the District, and to examine any records or documents of the

District, including those referred to and relied on in this

memorandum.

10

EXHIBIT 2 - 10

ATiACh,,q1L.NT D. 5 ,••

WHEE_EAS, the Mississippi Legislature has

adopted the enabling legislation for the creation

of the Tombigbee :Diver Valley '. titer Management

District from counties through which the Tombigbee

River or any of its tributaries lie, said legis-

lation being House 'Bill No. 179, Laws of the 962

Regular Session which was amended by House Bill

No. 55 at the Second Lxtraordinary LLession of 1962

and

WFREAS, this enabling statute provid0

that Boards of Supervisors of each county through

which the Tombigbee aver or any of its tributaries

lje nov adopt a resolution favorable or unfavorable

to creating said District; and.

fEREAS, the Board of Suf)ervisors of Alcorn

County, feels that the creation of the Tombi.zbee

giver Valley Water Management District as provided

in th2 ona:bliniyiegislation will produce many bene-

fits to the people of the entire Tombigbee Watershed

Area through proper development, management, and

utilizatLon of the natural resources of the area;

THLEF0, .1J IT by the Board of

uervisors c Alco C Sp rn ounty, duly assembled on

this the llth day of January, 1963, that we unanimous-

r ,:!concl end enthusiasically enciorso the creation

of flLzch Di3trict,

21 IT PiRTHIFaCI:LVI., that certifiod copies

EXHIBIT 3 - 1

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EXHIBIT 3 — 2

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ii ill.m !wnnty-....c '...".1.} dupe fermi I :lie /1 id ., , , , i,iied. ...a.: tila7. ,Ililt, 1- 1I. till: .I.l."y• ,',,.., ...0 ill.,:, rir,l, 1•111111,11III•iii of 11,1,::

: Ire: IT 1 .1E:1'H:1 1.1 1 E1). by :he P.,,,,..,] •,-,,e ; nen iw,r 1,,,,1,1, ...1" the:, faa, .... n 1,, •,,:or,.. en .nhit..,....- eal.....,: : L .A . i, Vi l• i • I 1.10 •Illl•

I FI-III,III, :`,11•1 .,,r Ai,.,,,,, (1.,,,,, , , m;:,-,1,-...'H ci,,, ,, i1.1 :“1„.,,, ,, , ,, ii., !,..1„,- .,,,,,, , ,,vni,,.,7 1,,,,,,Y, ; 1 iii, 11 -,...i,3,,iliort, i'ni..-, ii-iiiirli .. .1l.•1; I.,-

.

1.1y hit.e.ing

l•ily ,,,,,,i

in r elir

ii.,1 ill ill, 11•1:1.1i• -•11, .. 1 1. 1•-11:1 T1 , 1•11 1 1i111 i,, V:111,ny, J',,. 10 1,...i. v. ' ei•i4I .1.: 1,.. ni11 , 1 1 0;111 1111'i17r:'S.V.,11tili{: Ill ili l tl .i0Z

,,•,1 iiliry, fill, 1 ‘ ,,,.., f,,,,„•;,1,-, cio,,,,,I ¶ 1,,, rii.„.,,,,,i_. 1. ,,, ;,.,•,., I.,,,,,,i, ,

i• - • 1 ot: sto* .11 0 hereltY lia 1, 01 1 the= Cr. , ” 1 io n of 0,1.1.14 0111,1 Ili.•1 rim, ; the River Valles. \ V at el' Ma write- Into lb, Tomblitiovs

, 1 1 i t• •,, ....1 II•to Trettltir bre Itivvr 'Valley lin ,„.., 01. .i...„ 0 ,,,o ..., ,,,,,, ,,,t A1 ,.., , ,,,,, c.,1 „ . i .,-„,L., ,,„, ,. . ro i.1., ,..„ r „,, 1 iii , ,... 9 ,0„ ,.. 1 0.1 „.„...

1 •• ..1 I. , S'n..iihifen11,11. ili•tl ritit within the iv, Bilititti.alt -ttd. 111, •111f1 it in I he twat ill,of in% tol valitr•to In, .11 itarditiVI I I:, 1 rott-I.ieli.te IIIver Witi,o• ,,licil A re, r at'd 1 i.,,,i, am! tvol faro of ii, rilizont 1 oty mill on till t,r li p,. ,,,,..„1.,,. ,,,,,neri y

I iii " ,1 c" 1-11• 11111111 ” ' 111 ' ' 111 1 11. °''''' 1 " 11 .• brim: A:1111 C•., 11 1 1:y Lille. the Thar:,I;:h ■ •e y: .t ;nu Ihe :1 1 t i tillitries. 1-11,•e \Val,..,--

C 1

t '••:,, 111 ;- .-,:";,-1 ` 11 ,61 " 11 ' '''',.11 1.,, 1 " "11 ;11 ,, iy ii1

4r "111,1-1. 1 ,

”

til, 1'itiver Val1e..• 1. 11,, tor a!,:tottienierd. al.ti- .I ,- ..bedA r.:,, 16 .1 i, I l f 1 oc; Ho v. ,111 rte: I..- ,: -

..:". . '''. ''''''' l' '. ,.I .','' ..;: r". ,,'. ,."....,' 1 'w t. And. ,1 .1 ■ 111111.11illY Y .1. Iti lllItiti•II1 il•i ' 0, 1_0 11..1 1,1e, .ell :end O11, 1 11:11 l',1.1 ; ,••,' ; 1;1.62. I. 11.171•11,1,1, 0) 1 11. 1..1 i; i,311 0 1, • ',, ,,,,L „,,,,,.., ,t,,,., .,,,,,•

•1 , x ,d,i , .., ,orc,p,,,,,,,

within CI, 1

River S

,....h.hil

Itt•

1.,dr.,,,, , p ,..,,,1,1,..1 , 1,,,,,,,,, if :.u,•11 A

:. '.1 1.'1. .!Ii' :',I1"'"1" I 'Exir 11 'ir' 11 "" 1 ... '-'"'" I i I in th.o CrTon...,,i.,-.bec: 11.Vii_toridivtl 'Jr•I titier, ii: far.:! '4.1;11 ...aid Rotted (1'2 , ..• :1 1 itr.:: : :.atl for lilt poi 2 ral rot rim:ay , , , ,ii,,,,,,,,„,, 1,...,, t a ,,,,_,..i . ; ,„..i. plot t.,,,,,,,,, f „, Simvy,j,

11 ,,I . E1 1A rill:-nor R.'111

1. .:,,11,1 , r, mien .Crerontion, ',eater con- I mould — i15 - 'theof fit IC - of the- • Channe,y (1,>,..ys [fon, 1.:111.7 t1a to of ttn• cirri! int Hi- , 1.• o1, water u1111xatirtn, nitric:1110f ritl de• nt 1 , ..ii: tr: of MCO 111 County at Corinth. eation.. t bir, 111 , iirri will i.1.1111, an 1i11 1 ,71.ii). 7/

L.'t Hon, oat, Industrial Anti ecclitonitc yk. mi,,,,0,...„. t. .p .p.

i 110 PrOIIIIIIIA IIIS I IIII' l ‘ II I III-I rI l Iii 1. Ill II (III" ...

JA -LIVIInC011teilt• Itt lili drvelonnient, and for rind n 1 .......7— ;, , ,, -,0,•,. , 1, .... , 1 .,,,, .nn ,,,,,,,,t ,, , ,,,,,

relmn, ,, 1 ,1,11 ,0„., ,vithin lire area cont.., Ile: IT 11.-IIIITIZ

.

ET: Tfc1.1S01, 11/11.:1), fire. to vol... Ior of titt,, ,1+' I'm, rmp:. at1 fin

P.,''`,i";,.' tilt 'f°1 ' 11 ' 4' 1.11e1c aiv" 1. " ''''''''''" 1.'" I Intl 11 ' .11111111 . III' 1 . 4.' -''' l'''' ,,,,,,12',I. l'..-' ,1 `.%' II n: A loor n Coon: y ',,,, , ,:i;oz - 1,1.:r.1'1,1.

.' S ..111,1 Aron. 1 riori111 1 ,•, I.}... if,,,,.., :1111 OC ';-sriip," .:io ..: Ai- i of the Tombir•re.• i1 Ivo r 1,1 illl, V VC:110:

I

in C•114Ill y i..11,-, t":-.• T 0 vii ,;•:', ■■ • o 1,., - I IN:hr,..,-,-acrl,...11. I-+ ?:;err'. and '..'n,' le , ',"lar.' I R!.: l'1' 11.-4 .,. -1ilEit 111.-,s(+1.1'v,r), 11,A: 1 ,,,• Valley' 11' nt,r NI.,1), ,,:oment. L)i,Lri.••1: , of an , ILL I ,, ,,,,r,,,, :31 of ono-hetlf 1, 1,2)

n i ill in flippied of said Dist rict.

The roregainti •i ,•,.1111,11111 WILI, Ittl) •.,I

by Mr. .1. C, !)1'i err 01. SIIIIrryi• 1 11 11

pli•-tricl. N.. -1 - ‘,., -,,,,i .1111V •ii, •• ■ ••1111,11

1 ■ ".' Itdr. 111tt1-1... itiititi„...111tio of t.iiirtorviAors

1)i t,•i•i No. I.Hit r. 'I rotoe eta i li.b. itt.

.....c.re- .1. (1, 111.1• -,.... : t '.1 W. lItli, ..: Sully

11. A ion—. '.i.'Ifott ,.. ...Will,: rt.ty iilIll -I• I if.

I, III,llIlm,I), III.I.•II I. and liar vi,11.i111-1•

Cir•Ic 1 1 .1,1 on v's1-, Li, 1:',..h (10 y ,S

1,eheaur.,,,, ir..);:: ,,.

C. 1e. 1 ,1 D1.11.11

P ESID IN"r

A :

1V. J

1 , :h. 11, '41S

! " • " "re (-: 11 " 01 1.1 "C A 111 1 11.1)• 1 ' 1 ' 11 ' 14 ; t he event ,Intl f.11,1eir.1 crersmi.

ineintle3 Ihrd.wh more

1.1n", I and it in nor further desire and in lel., River or toot 1)1 1 Iron: or ii.1 'tour „,, ,„I nr lira. And ;ironelivible tinder 1 1 ,-6( „it; ,cr t I li ,

,1•Nitid NInilat, I „•Ii•hi,

lilt Ill, 1 . 0 ,11117iit III,

Rive: V.111,-,.. W.,.; el. M.1 Irea -

ri1'1 ,d Ihrrrl„ri.,11(1e,1 of i,,•

hene.1'n., bier I-A .1(11111i 1.."1..1 ych.,"

wilh Di.-1..1.101, for of Ihe, List riri

Ami tror And tin, AA pn,vhled lipO/10.h liy virlua of the tt

f. 1111: tn. 171 11 and Ilreise Bill No. • Pill 1711

of the Iti • VIIII1r H'initte f=ill Ni,, B5. alt-to- he entitled I.:,

and the Second Extraordinary rvlitin two ic2) mills of state Oil vr•

Set-t.lon of 1962, ittrein ton noiv 1111 1:1011 and 11. 011.CCICO by € All of tire' coup;-i1'; 1 1111.j.11.11 ho(1 .,, ill, 11

t 'ir'e-

FlIRTICEII. 1 10E,::•1 1 -YINEV/, that harticipal.in,:f county tunid .DiAtrict.

1 dire onnh idere.tion of the 1.oen:',11., e.1 ,'retain Co'.'11

0.101••C moult AViiii111.1)10 by the

Coe-t-ts of Engineers., that Pun- ..

11E, PIIRTII 1,14I RE:It-ITN -ED, that

ITris re.aolution bu publisbed for three CLrdi'iR

contieentIvr, weelts in t'hu Daily •

•••:

EXHIBIT 4 — 1

- • r‘.cuiry..dated 7ebruary12,

Dcar Po-md:

x.„7 77 ac=owle 1965, as follows:

Tupcio, :nosinsippi

., 14 7e, arc making plans to sell some bonds the ve,-y nor future and are trying to brinc all our files in every .counLy up-to-date to s'now.that wc have a legal.district co=?r -lo 4 n3 counOleS.

Sri legal point has been raised co to Alcorn County bein3 a leL-L-1 par's o' our d .:str'ct. I would to call your a'stantion to the follo:;i-c , . .:sous Sri',. T.- 1.11 No, 179, aeL,ular Sess -'on of 1962, .!•22.ended by E-'1 1 No. 55, Second lIctraordLlary Session of 1962 and N.0;:SC Bill Y.0. 793 aec;ular Session of 1964, ,-)ec_L,on 4. of the

-, and deeds o she boards of su -Darvisors O the counaies of Alcorn., Lae Lswndes, l:onroe, Pontotoc, Pren- 4-- -7

i./ .0) end ',2ishoLainso ....a reard to becot;in3 partiei .)atin ,,

of directors sa-ld d -ls=iat, are ne_eoy 'a?provee confir .zed, _

cour.tIcs.ia tho To:,bibee ..wive Valley Watsr-lanaL;emont District, under autho -E.ity of C .naDtcr 224, Laws of 196 7 .: as amcnciod, cad. all of the oublic.acts' and deeds of the

DEPARTMENT o 2,USTICE ...10C T. PA77LRIN, r.N z AL. •

- DTSTRICTS ....

• 16 2 1.965

Thcm7Json pound, axacutive Secretary To: biL;bcs alver Valley Water Yanazcialont

District . P. O. Do:: 915

ar`

.1zebru,-,:ly 16, 1965

il r`-.a. ratified in all receots, and the Legislature hereby dtclaras that the ToZoi-b-e Valley Water Y.anage -.:lent

created, or,:an:z.ze6, and c:dstinc as an or a.oney and body politic and corporaLc of the State

of :'llssissip?i, and is vested with all of the powers now or heretofore enacted relating to sa'7 d district.'

• . "Will you please give.Le your load opinion on'L.a.L., po:Ln4..

The undersiL;ned has examined the ori,sinal act and all amenonts thereto authori2 7 ng the ectab“chmont the ThmDi3bee a -'vor Valley Water Management Distriot and is familiar with the stattory procedures and, the acts and deeds of the Boards of Super- visors of the several counties that are recuired to be participoting countcs of the District and have examined the Districts minutes'

that A/corn County is as m uch a part of your District as -any other counties, .a l t *u certain phases of the statutes vary with count-eswhich are partially in the Tombbee River .Watershed Area'

Withkizdest personal rezards'I remain

ofpril 17, 1963, held in'Tur)olo By virtue of — the foreQoing and Section 4 of House Bill No. 793 (Ch''.0 - '''" Laws of tha 1964 negular Sess .7 on -7 t -Ts the opinion of this office

YO L ,"

By

Attorney Genera..

cc 1,:r • J. C. WhiZ:ch.cad, President, To -abibc,e River

c/o Bank of m-o-lo _ TuDcao

EXHIBIT 5 -

":„.‘

d IN FiPTLY REFZR TO • ,,e .;;;;P .

DEPARTMENT OF THE ARMY YOBILE OSTRiCT. CORPS OF ENOINEERS

P.O. BOX 2.288 MOBILE, ALA3AMA 35501

A rprp :14 1 • 6

SAMZN-Pp • . 9 July 1969

Mr. Thompson Pound ecutive Director

Tombigbee River Valley Water ,Management District

P. O. -.2,o:•: 915 Tupelo, Mississippi 38801

4

' Dear Mr. Pound:

Reference is made to your letter of 24 June 1969 relative to the looat;on Alcorn County, L'..ississippi with respect to river basin. .

The Tombibee River basin map shown on Plata No. I of the report contained in house Doc=ent No. 167, 84th Congress was based on early county maps of the area with no delineation of the topography. This basin Inap, as

the with those prepared for our other reports, indicate in a general manner

extent and configuration of theriver basin; it was not intended to establish details relating to drainage ifrits in a specific area.

U. S. Geological Survey quadrangle maps of the area with t del he topography

ineated which were prepared later indicate that e Tombigbee basin xtends northward virtually to Alcorn County line atfne..State Route 364 to croSsing. Oa this basis, all draina'ze from Alcorn County

a:pc.la:L to be tha Tennessee River a .ad other Mississippi River tributaries. Only a detailed physical surveyLto locate the exact county boundary and define details of the topography could date=ine if any drainage from A Co lcorn unty enters' fne ✓

Tombigbee River basin.

EXHIBIT 6 - 1

V

IC.r.:ENT ,:;USTIC12:

0 CIE I. 1:: A 'I-a) N OEN

JACKSON 30203

ATTAC:ii,12.NT NO. 4

,

C.i.:NCHAL

ON • •

ST ASSISTANT

dune 3, 1963 G OANLANO

01:LC.:.

WILL, :% HUGO N C. ,,VCO ML,, 9R.

WILLIAM A, ALLAIN

JOHN C.7..TONC CLNNaTT W. O. c.O,Lmnri .C.WY ❑ CN H. WALLCY

M. B. . 7owlkes President 'L'omigbee leer - Valley Water Management District P. 0. Boa 915 Tupelo, Mississippi 38801

Dear Mr. rowikes:

have your letter of May 4, 1968, addressed to the writer, along with your letter of May 16 delivered to Mr. Delos Burks of this office, both of which go primarily to requesting an opinion from this office as to the constitutionality of Senate Bill No. 2112, now pend-ing in the House of Representatives before the current 1963 Regular Session of the Mississippi Legislature, said bill having as its pur-pose to remove Alcorn County from the Tombigbee River Valley Water Management District, as well as to relieve - Alcorn County from the pay-ment of any obligations that may have been incurred by said County by virtue of being a member of said District.

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

7 -rankly, 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 data, 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.

"30th of your recluests of May 4 and May 23 arc, primarily, rc" cues';.s for an opinion as to the constitutionality of said pending Senate Bill No, 2112.

Section 3334, Mississippi Code of 1942, recluires this office to rsnder an official opin -:on ,a-r. when recLuested in writing, to ?raztics.11y all public officials, including "the legislature, or either house thereof, or any committee thereof,", on any question of law per-taining to the duties of their respective. offices, and said section

PAGE -2- AYI.A.0•IME.NT NO . 4

Mr. B. Ii. Fowlkes Tupelo, Mississippi -2- June 3, 1968

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

Therefore, 1 am sure you can appreciate the position in which this office finds itself when an opinion is, requested on the constitu-tionality of an act pending before the Legislature by an official other than the Legislature or the committee before which the bill is pending.

It has been the policy of the Attorney General's Office for many years prior to the time the writer became Attorney General and during the time the writer has been Attorney General to be very reluctant to render an opinion' to the effect that a bill pending in the Legislature is violative of the Constitution, even to the Legislature or a committee thereof. The reason for this is, first, the Legislature is not bound in any way whatsoever by an opinion from this office in the consideration of a bill pending before it and, second, our , State.Supreme Court has held many times that it is pre-sumed that the Legislature takes into consideration the constitutionality of an act at the time of its passage.

Our Supreme Court, in construing the constitutionality of acts of the Legislature, has invariably held that it is reluctant to d'dclare 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 clare acts of the. Legislature unconstitutional, then certainly the Attorney General should be.

After much research, Z am unable to find any authority directly on the question presented, that is, the constitutionality of an act similar to said Senate Bill No. 2112.

The nearest approach I find to the subject are decisions of the Supreme Court of Mississippi with reference to drainage districts created under laws similar to the act authorizing the creation' of the Tombigbee River Valley Water Management District.

It appears from the records that all counties now constituting the Tombigbee River Valley Water Management District became a part of said District in accordance with the law authorizing the creation of same, Al- • cora County being one of those counties.

EXHIBIT 7 - 2

Very truly yours,

. Patt&son orney General

PAGE -3- A.TTACH.',IENT NO . 4

Mr. B. H. Fowlkes Tupelo,.Mississippi -3- June 3, 1963

As heretofore stated, laws authorizing the creation of drainage districts are very similar to the act authorizing the creation of the TombigbeeRiVer Valley Water Management District, except that the land-

. owners desiring to form a drainage district petitioned the chancery court to authorize the creation of the district, and the Supreme Court of Mississippi has held in several cases that once a drainage district has been created in accordance with law, that the chancery court approving the creation of said district cannot later release a landowner's lands from the district as originally created.

In the case at hand,-Alcorn County is certainly a part of the • district created pursuant to the act authorizing the same, and as such

• .is obligated for its pro rata share of expense and obligations created by the District in accordance with the s,heme of financing provided in the act.

The act authorizing the creation of the Tombigbee River Valley Water Management-District makes no provision for a county,, having become a part of the District in accordance with the act, to withdraw from same. ,

Therefore, the only question presented is whether or not -the Legislature may remove Alcorn County from the District and relieve said County from any further obligations created by. said District,.in the manner set forth in said Senate Bill No. 2112 now pending in the legislature.

Therefore, in the light of such limited authority as I have been able to find, the most.that 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..'

0

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 LEVY-ING 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 RESOLU-TION OF THIS BOARD ON JUNE <0 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 /0-171 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 J64444:

•--ht,t4k 23, Mb 1 and Le, -ED 1%5 • 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 Dis7.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 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 utiliza-

tion, 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. ',/,2.Z6i/C5/1, who moved its adoption, was read and con-

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

seconded by Mr. /).C.4171,/,1 , and upon a roll call vote, those

voting "Yes" were:

z

SCO /OA/ ,7 Di/

Those voting "No" were:

7: /9. /49e

6- /9-7e/v

C Ado ds

A majority of the Board having voted in favor of the

foregoing Resolution, the President declared that the motion passed,

ri and the Resolution was adopted this, the day of

August, 1969.

ATE OF ',',,S S1331 1,-'1:1

% Alcorn County

1, W 0. POTTS, JR , Clerk of the Chcinc.ery Court in c... .... ,o

and County afercsoid, do her:2.by cr.rtif : , ',hot tl,.: , f;,•;-., ; .,:.. r ,r1 ;3 j in f. ..., - C.:

correct copy of the original of sold in,,trui-r.. -2-0, cr.,. fl.....ily ate. •c.i.2.1v;p1. ,::...., •-....

the same ❑ i7peors o"I. re:3rd in my a.. - ice.

l . ". " 1 / l- ...?....t....i .. Y". • - ' 6 c) Given undar my hand cr.d_ scat tr u s---,--_,:&._::: ,..y c.t,..________- ,-;4-/.2,2-..--_

r 1- d '7=- -_)---

,,/ . Ch o n c- ..--. -7 C',•,-,..:: .

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71

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EXHIBIT 9 - 1

7/

- . 7Y

.64

67

41 7 0

7/

/0,64r ,

cr)--

51/

14/ 0334

/ 7

4;966 ,

/4;5'73,o?

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6,3 .545)

EXI-IIBIT 9 - 2

O R,

7"

/43,493

6•0 ,6 M.*

LAR.) --- — . --- 0 4,1_0,

—

F. a c Jo, t t4- -I- c, I .L4 .i

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--F - - - I

TAX COLLECTIONS FROM TRVWMD MEMBER COUNTIES

AS OF JUNE 30, 1973

COUNTY FISCAL YEAR 1/2 MILL 2 MILLS TOTAL TAX RECEIVED LOCAL TAX STATE TAX RECEIVED

Prior to ALCORN July 1, 1965 - $ 24,960.22 $ 24,960.22

1966 50.00 26,443.80 26,493.80

1967 50.00 28,151.22 28,201.22

1968 50.00 29,569.90 29,619.90

1969 50.00 32,666.79 32 716.79

1970 50.00 33,596.16 33,646.16

1971 21,663.98 34,005.13 55,669.11

1972 8,487.82 42,665.92 51,153.74

1973 - 40,253.00 40,253.00

30,401.80 $ 292,312.14 $ 322,713.94 Prior to

CHICKASAW July 1,'1965

1966

1967

1968

IN*

rld•

=IP

MED

.1■••

1969 5,390.20 $ 15,658.65 $ 21,048.85

1970 5,861.57 17,432.06 23,293.63

1971 5,990.24 17,918.08 23,908.32

1972 6,326.66 21,375.55 27,702.21

1973 7,783.01 22,380.06 30,163.07

$ 31,351.68 $ 94,764.40 $ 126,116.08

EXHIBIT 10 -1-

TAX ODLLECTIONS FROM TRVWD MEMBER COUNTIES

COUNTY FISCAL YEAR RECEIVED

AS OF JUNE 30, 1973

2 MILLS STATE TAX

TOTAL TAX RECEIVED

1/2 MILL LOCAL TAX

Prior to CLAY 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-

COUNTY

TAX 6c)LLECTIONS FROM TRVWMD MEML_R COUNTIES

AS OF JUNE 30 L 1973

FISCAL YEAR 1/2 MILL 2 MILLS TOTAL TAX RECEIVED LOCAL TAX STATE TAX RECEIVED

Prior to KEMPER July 1, 1965 $ 3 858.86 $ 11,442.89 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

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 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 „..JLLECTIONS FROM TRVWMD MEN. 02R COUNTIES

COUNTY • FISCAL YEAR

RECEIVED

AS OF JUNE 30, 1973

2 MILLS STATE TAX

TOTAL TAX RECEIVED

1/2 MILL LOCAL TAX

Prior to LOWNDES July 1, 1965 $ 12,094.71 $ 50,216.69 $ 62,311.40

1966 18,385.14 .53,691.62 72,076.76

1967 19,417.90 60,587.47 80,005.37

1968 20,060.42 64,065.51 84,125.93

1969 21,525.27 69,695.98 91,221.25

1970 22,185.96 70,942.46 93,128.42

1971 23,036.14 74,545.56 97,581.70

1972 13,489.26 93.908.93 107,398.19

1973 13,077.69 99,231.44 112,309.13

$ 163,272.49 $ 636,885.66 $ 800,158.15

Prior to MONROE July 1, 1965 $ 11,308.54 $ 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 $ 394,023.08 $ 509,817.87

EXHIBIT 10 -4-

TAX COLLECTIONS FROM TRVWMD MEMb.e.R COUNTIES

AS OF JUNE 30, 1973

FISCAL YEAR 1/2 MILL 2 MILLS TOTAL TAX COUNTY RECEIVED LOCAL TAX STATE TAX RECEIVED

Prior to NOXUBEE July 1, 1965

1966 - - -

1967

1968

1969

-

-

-

-

-

=PI

1970 $ 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

$ 28,306.00 $ 87,305.24 $ 115,611.24

Prior to PONTOTOC July 1, 1965 2,079.53 $ 9,659.16 $ 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 $ 168,187.18

EXHIBIT 10 -5-

TAX COLLECTIONS FROM TRVWMD MEMBER COUNTIES

COUNTY FISCAL YEAR RECEIVED

AS OF JUNE 30, 1973

2 MILLS STATE TAX

TOTAL TAX RECEIVED

1/2 MILL LOCAL TAX

Prior to PRENTISS July 1, 1965 $ 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

Prior to TISHOMINGO July 1, 1965 $ 3,512.62 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-

EXHIBIT 11 -- 1

• (2, a rTi

•

'; •

,. • • , 0 :1,

ATTACHMENT NO. 19

P207_UTTOY 07 TT-T7 77mATID (1:71 2=VT5.; 0? AT,COR 7,5ISS73 5.1 7 ?? 7 , 77.7R. - , 77', '117'7 7R020S17.) PrJRPOS17, 77,00n PIT7 - V2,T 17 0i'T A cif 7A m DET3L0 7 W. me0A777) 977 glUq0U TP, 7,7777Z ON CL72,..7, q0777H U. S. HT.P,H1:1Av 72 7ASm, DAN SITE, NO 8 -7- 1;

Ij

;1 •

i it

YT-27=3, 4 t, hac boon brou-h to ().11.r :: -L. t rIt, -- on t'-.'',b the alroctors of tho Mnbigbo 2:v. sr Vall , y Wato- 1::ana-renont ..., ....,,,-.1ct ,,.2C. o-,,os-oty con - 5,d -,-in-, ; s c a . . .n o.ct of Local :Ta,:ure , the p ro position of s-ooncor'n,z a nult-7.0 nar')oce Floo:1 T:- ovent'on and '2ecreon-=)1 Pevrao -)nnn' 1- -',]- ,--,220-dr11.)1;j1Rivol,w,-,,,,501-,J1:,0,,r1 ,-4t c /70 P nr nr.., -0 , in Alcor-:-■ County, sipn coutl: or I:. `' . Hir-'=y 'Tn . 7 7 , East 1200 acres 'i'n no de7e1 , ,,pTco-lt, co:L'stin- n' nr - o.7: - nate

f ,,, 4,-.. -.., , - ..(:,,J. _L.,4 pu„:n-nf,nt 1::atcr )1C0 ').cr , -s .'n. -2 tolnor^ry lood pool 200 ac,res dry rocreationnl a-oa foI , on

.cc cano- _ME and etc., to bc used as public rcer c ation for'citi-uns V.I. Corinth, Alcorn County, and surroundinc area.

-21H7RZAS, tho Board of Survicors of Ileorn Co unty

it , -!,issiscippi is norected in this devolonent to p -r,ovide =re and better recreat ional facilities for this area,

:O f, r'' T-E27.70R2 :72, 111 IT RMO- VT) that thc Boar:: o 4' of Alcorn County, Missicsi --)pi does horobL. `;o on record cnclorsinl it'he T2locc: Prevento --1 ayid 2ocreatiorini Developent in { the Tuscunbia Watersh,'Dd, Site 8, on Clear Creek, in .A.lcorn County, 1 1.1.ss ' ssip i 2„ south of U, S. Y-7 L:hway No, 72 East, and uro tho D' -ectors t',]e monbi2:boe 7-1 vor Va"Py Water :rlanaler:ont D -7 str:Ict to consider sponsorin7 this Devc;lop-nen5 ac a Project of a Local Nature,

Adopted at tha re2ular July, 196% term of the Board of Super ,lisors Of Alcorn County., Mississippi, on this

the 8th d , ay of July, 19690 •

•

1.7, 0 7 "r"

-tv ; C

EXHIBIT 12 — 1

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPROVING THE PROPOSED FLOOD PREVENTION AND RECREATIONAL DEVELOPMENT IN THE TUSCUMBIA RIVER WATERSHED DAM SITE NO. 8 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 PRE-VENTION 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 approximate-ly 600 acres in permanent water, 400 acres in a temporary flood pool, 200 acres dry recreational area for picnics, camp-ing 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 Develop-ment 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."•

5/ S. D. Avers ATTEST: PRESIDENT

S/ W. O. Potts, Jr CHANCERY CLERK

(SEAL)

EXHIBIT 13 - 1

AND wHEREAS, the Board of SUpervisors of Alcorn County

adopted a Resolution on June 6, 1969, declaring the intention of

said Board to levy an an valorem 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 granteaand approved and that this District act as the

sponsoring agency for said project and pledge funds in support

thereof as required, not to exceed funds allocated to Alcorn County

for Projects of a Local Nature in the amount of $620,251, less

the pro rata share of the funds obligated for the operations of

the Proposed Yellow Creek Port Project, subject only to the con-

dition 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 deposit 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. C. Caviness , which motion was duly seconded by Mr. Paul

Allen 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: B. H. POWLMES, PRESIDENT

r •

C=LCS R. CWINESS SECLTARY-TREASURER

EXHIBIT 13 - 3

BEFORE THE MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD

JACKSON, MISSISSIPPI

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

APPLICATION

Tombigbee River Valley Water Management District,

a master water management district and agency of the State

of Mississippi, hereinafter called "District", makes this

application to the Mississippi Agricultural and Industrial

Board for the acquisition, establishment, development, opera-

tion 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 "A t", 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 contem-

plated 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 under-

write 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 invest-

ment in the event this application should be approved and the

state should undertake the proposed port or harbor project as

a state owned port.

4) A tentative plan for the improvement, operation,

development and expansion of such port or harbor has been

, worked out by representatives of District and Tennessee Valley

Authority, an agency of the United States Government, herein-

after 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

Exhibit 14 - 3 -3-

, , • 1, ,,1 dp,fi

Vr.

with the District and TVA for the acquisition by the State

of such port or harbor in general conformity with the afore-

said 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

BY President

ATTEST:

Secretary

" W 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 1966 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 l 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,vadjoining Counties of Alcorn, Itawamba 'and

Prentiss has levied the two (2) mill tax provided by said Act

and neither of said Counties has entered into any contract with

any governmental agency as provided in said Act, but on the

contrary, each and all of said Counties have declined to levy

said tax and to enter into a Contract as the authorized agency

to contract for the acquisition, development and operation of

said port; and

WHEREAS, each of said Counties, acting by and through

its Board of Supervisors, has agreed to request the Tombigbee

River Valley Water Management District to act as the'authorized

EXHIBIT "A"

Exhibit 14 - 5

w 0

agency to contract for the acquisition, development and opera-

tion of a state-owned port on Yellow Creek in Tishomingo County,

Mississippi.

NOW, THEREFORE, - BE IT RESOLVED by the Board of Super-

visors in Regular Session assembled as follows:

Section 1. That the Board of supervisors, acting for

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

the tax of two (2) mills authorized by'the Act, and to join with

other of said Counties to contract with other governmental

agencies for the acquisition, development and operation of said

state-owned inland port on yellow Creek.

Section 2. That the Board of Supervisors, acting for

and on behalf of said County, has and does now join with other .

. of said Counties in requesting the Tombigbee River Valley Water

Management District to act as the authorized agency under the

Act, and to contract with the necessary governmental agencies

for the acquisition, development and operation of said state-

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 -

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 state-

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 opera-

. tion of the Port and obligations incurred . by said Board; and

Exhibit 14 - 7

WHEREAS, District is willing to enter into the afore-

said Contract at the request of Counties and to undertake therein

the obligations required by the Act, subject to.the terms and ,//'

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

t

conditions of this Contract.

1 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 I

District.

2) Counties will construct or with the aid of the

Mississippi Highway Department cause to be constructed, the

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 have. ,caused this

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

r . ....... TISHOMINGO COUNTY, MISSISSIPPI

ALCORN COUNTY, MISSISSIPPI

BY ATTEST:

0

President

Clerk

ITAWAMBA COUNTY, MISSISSIPPI

BY ATTEST: President

Clerk

PRENTISS COUNTY, MISSISSIPPI

BY ATTEST:

President

Clerk

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

BY ATTEST:

President

. Secretary

Exhibit 14 - 9

call vote, section by

Section 4. That this Resolution shall be effective

from this date, and the foregoing contract effective when

executed by all parties thereto.

-4emoved the adoption of Supervisor

the foregoing Resolution, which motion was seconded by Supervisor

, and the same having been put to a roll

section, and as a whole, the result was 1

as follows:

Supervisor Supervisor Supervisor Supervisor Supervisor

voted aye.

Whereupon the President

and the Resolution adopted, this,

1968.

declared the motion carried

the 4.5.A day of November,

President

j STATE OF MISSISSIPPI t Tishomingo County

Robert D. Sims, Clerk of the Chancery Court of said County do hereby certify that the fore oing instrument contains a true and complete copy

as same appears of record or on tile in Book ';), 3 , Page of the records or Tishomingo County, Mississippi

Given under my hand and seal thls4.%day of .-Fr--614--- 19 6?

Clerk Chancery Court of Tishomingo CoQuaty. Mississippi

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 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

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

V,Vi.777]TM 1111

1

Exhibit 14 - 11

agency to contract for the acquisition, development and opera-

tion of a state-owned port'on Yellow Creek in Tishomingo County,

Mississippi.

NOW, THEREFORE, - BE IT RESOLVED by the Board of Super-

visors in Regular Session assembled as follows:

Section 1. That the Board of Supervisors, acting for

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

the tax of two (2) mills authorized by the Act, and to join with

other of said Counties to contract with other governmental

agencies for the acquisition, development and operation of said

state-owned inland port on Yellow Creek.

Section 2. That the Board of Supervisors, acting for

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

of said Counties in requesting the Tombigbee River Valley Water.

Management District to act as the authorized agency under the

Act, and to contract with the necessary governmental agencies

for the acquisition, development and operation of said state-

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:

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-

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 opera-

tion of the Port and obligations incurred by said Board; and

WHEREAS, . District is willing to enter into the afore-

said Contract at the request of Counties and to undertake therein

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 fuhds 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

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 ATTEST; President

Clerk

ITAWAMBA COUNTY, MISSISSIPPI

BY ATTEST;

President

Clerk

PRENTISS COUNTY, MISSISSIPPI

BY ATTEST:

President

Clerk

• TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

BY ATTEST:

President

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. L0 Denton T. A. Little Scott M. Honnoll S. D o Ayers D. Co Mathis

voted aye.

Whereupon the President declared the motion carried

and the Resolution adopted, this, the loth day of November,

1968.

S. D. Ayers President

W. 04, Potts, Jr,,..

Clerk

31. .vrE OF NISSISSIETI Alcorn County

W. O. POTTS, JR., Clerk of the Chan-.7ery Court in and for the State

and County aforesaid, do hereby certify that the for.*ng 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.

Given under my hand artd seal this YLV4-- , day of 19_0

Chancery Cleric,

,997c2 6elL.

Exhibit 14 - 16

RESOLUTION OF THE BOARD OF SUPERVISORS OF PRENTISS 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 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 agp

to contract for the acquisition, development and operation of

said port; and

WHEREAS, each of saidit Counties, acting by and through

its Board of Supervisors, has agreed to request the Tombigbee

River vallelvWater Management District t•act as the'authorized

EXHIBIT "C

A -!J.

Exhibit 14 - 17

442

agency to contract for the acquisition, development and opera-

tion of a state-owned port on Ybllow Cresk . in Tishomingo

Mississippi.

NOW,THEMFORE,'BEITRESOLVED by the Board of Super-'

.visors in Regular Session assembled as follows:

Section 1. That the Board of Supervisors, acting for wi

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, andto contract with the necessary governmental agencies

for the acquisition, development and operation of said state-

owned inland port on Yellow Creek.;

Section '3. J That the President and Clerk of this Board

be and they hereby are authorized and directed to execute for 1

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 - 18

I

,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 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 opera-

tion of the port and obligations incurred by said Board; and

Exhibit 14 - 19

WHEREAS, District is willing to enter into the afore-

said 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: A. •

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. r.

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 a±e.not \ required at the Port, they will

be employed elsewhere by Ihshomingo Coullty. Salary and expenses

Bhiloit 14 - 20

BY

Clerk

TISHOMINGO COUNTY, MISSISSIPPI

BY President

• .1/404, ATTEST:

ALCORN COUNTY, MISSISSIPPI

BY President

Clerk

ITAWAMBA COUNTY, MISSISSIPPI

PRENTISS COUNTY, MISSISSIPPI'

BY ATTEST:.4 ,

r,„

i@vk' rcr

President

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

BY ATTEST:

Secretary

of such County employees after the aforesaid training period

will be prorated between the County and the Port in proportion r

I

to the time their services are required by the Port.

1 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 have4,caused this

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

Exhibit 14 - 21

> 1-., . 1,,1,1 fi ■ 11-W R

'

I

•t C • I • • • rt

1;7 • ) tit 4.*,"! • •

•

V

A'

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 Wk.

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 day of November,

1968. •

•

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.

wen under my hand and seal of office, this the

Chancery Clerk

day of

Exhibit 14 - 22 •

RESOLUTION OF THE BOARD OF SUPERVISORS OF ITAWAMBA COUNTY, MISSISSIPPI, REQUESTING THE TOMBIGBEE RIVER. VALLEY WATER MANAGEMENT DISTRICT TO ACT AS THE ' AUTHORIZED AGENCY UNDER THE PROVISIONS OF HOUSE BILL 503 AS ENACTED BY THE REGULAR 1968 SESSION OF

• THE MISSISSIPPI LEGISLATURE TO CONTRACT FOR THE ACQUISITION, DEVELOPMENT AND OPERATION OF A STATE-. OWNED INLAND PORT ON YELLOW CREEX'IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAID DISTRICT IN CONNECTION THEREWITH.- fi

1.1.1M •

y , .

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 asset out by the provisions of said Act; and

WHEREAS, this County under the terms of said Act is I

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

Mississippi; and

WHEREAS, neither Tiehomingo;County where said Port

is located, nor the. adjoining 6 of Alcorn,./tawamba 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

• ;

WHEREAS, each of said Counties, acting by and through

its Board of Supervisors, has agreed to request the Tombigbee .

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

EXHIBIT "I)"

said port; and

Exhibit 14 - 22

Parties of the 'ixat Part and the Tombigbee. River Valley Water

Management Distrit as Party of the Second Part, whiCh Contract

shall be in substanti9.1ythe following form,. to-wits

Exhibit 14 - 24

agency to contradt:for the acquisition, development and opera- Y.

ti6n of a state-owned port on Yellow Creek in Tishomingo County, . •

NOW, TMEREFORE,TBE XT RESOLVED by the Board of Super-

visors. n , Regular Session, assembled as, follows'

Section 1. That the Board of Supervisors, acting

and on behalf of said County, has and does nowdeolineto

the tax,of ti4 (2) mills authorized by the Act, and to join with

other of said Counties to contract with other governmental

agencies for the acquisition,' drvelopment and operation of said

state-owned inland port on Yellow Creek.

Section 2. That the Board of Supervisors, acting for

and on behalf of said County, has and does now join with other...

of said Counties ln 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 state-

owned inland port . . 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 r said County, a Contract by said Counties as

att

This Contract made and entered into by and between

the COUNTIES OF TI$HOMINGO, ALCORN, PRENTISS and ITAWAMBA,.

MISSISSIPPI, acting by and through the' iirrespective Boards of

Supervisors, hereinafter referred " to as "Counties", Parties of

the First Part; and TOMBIGBEE RIVER VALLEY WATER MANAGEMENT ir

DISTRICT, an agency of the State of MiSsissippi, hereinafter

. referred to as "District", Party of the Second Part.

WITNESSETHs

WHEREAS, the parties hereto desire to co-operate

with the Tennessels valley Authority and the State of Mississippi,

acting through the Missiseippi Agricultural and Industrial

Board, in the acquisition, development l and operation of a state- '

owned inlnd 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 an'd to enter into a Contract with the Tennessee Valley Authority

and th 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- I I

tion of the Port And Obligations incurredby said Board; and

Exhibit 14 - 25

WHEREAS, Dintrictis willing , to en er into the afore-

said 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 an follows, 0-,

1) Counties agree that in making the appointments to

the Inland State Port Authority purnuaht to the provisions of

the aforesaid Act, each County will appoint as its member to

said Port Authority, initially and whekever a vacancy occurs,

so long AS District is underwriting th0 operational expenses and

bonds pf said Port, a person who is tan° a member of the Board

of Direetorg of the Tombigbee River Valley Water Management

'Distriot,

2) counties will construct or with the aid of the

Mississippi Highway Department cause to be constructed, the

necessary access roads to the 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 00,000,0 for such roads,

3) The County of Tishomingo agrees to send A minimum

of five County employees to an approved Porte to be designated

by the Tennessee Valley Authority to learn the procedure of

loading and unloading barge cargo and Co 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 requlred at the Port, they will

be employed elsewhere by Tishomingo County. Salary and expenses

Exhibit 14 -- 26

Secretary

Clerk

ITAWAMBA COUNTY, MISSISSIPPI

BY

PRENTISti COUNTY',' 14ISSISSIPP IX 1

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT;DISTRICT

President

of such county employees after the aforesaid training period

will beprorated 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 efVeative when it has been executed by all parties

hereto,

IN WITNESS wile/imp the Parties haveA ,oaueed this

Contract to be exec4ted on thie f the 4th day of NOvember, 1968, il

BY President

ALCORN COUNTY .MISSISSIPPI if

TISHOMINGO COUNTY, MISSISSIPPI

. President ATTEST!'

Exhibit 14 -- 27

voted aye, voted aye voted aye voted aye

' voted aye

Whereupon the President declared

and the Resolution adopted this, thole

1,9 6

the motion carried

Section 4. That this Resolu tion shall be effective

from this date, and the foregoing contact effective when

executed by all partiem thereto,

Supervieor Hoyt Banter , moved the adoption of

the foregoing Resolution, which motio 4 Was seconded by Supervisor

Willie MoFerrin.

call vote, section by

Ap f011 ichWAI

supervisor Supervisor Supervisor Supervisor Supervisor

R. G. Franks Willie McFerrin Randall Eisredling Cecil OodY floyt Banter

and the same having been put to a roll

section, and Ap whole, the result was

STATE OF MISSISSIPPI Itawamba Coynty

I, ARCHIE GATES, Chancery Clerk in and for afore- ' said state and county, do hereby certify that the within foregoing is a true and correetycopy f certain strument iri ring known Vka.403,4`

as 'appear oLrecord in Lthe records of this office in -46-4 fr Z2 Given u c l er y hand and seal t i the day o 19P

Exhibit 14 -- 28

DRAFT 2-5-69

AGREEMENT

Among

MISSISSIPPI AGRICUITZAL AND INDUSTRIAL BOARD, TOYSIGBEE 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 MISSISSIPPI (here-

inafter called "State"), acting by and through its duly authorized agency,

the MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD (hereinafter called

"Board") (which term shall include any agency or organization hereinafter

succeeding to the .powers and duties of Board), and TOMBIGBEE RIVER VALLEY

WATER MANAG

DISTRICT, an agency of the State of Mississippi (herein- 'us

after called "District"), and the TENNESSEE VALLEY AUTHORITY, an agent and

instrumentality of the United States (hereinafter called "TVA");

WITNESSETII:

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, acquisi-

tion, 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

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

in an amount adequate to provide for the financial participation as Pro-

vided for herein in the project by the State of Mississippi.

The parties further recite and Board so finds that the security

provided by District is adequate to protect the State's investment in the

development of the Port Project and that the Commission of Budget and.

Accounting is so convinced. and'has so determined that said security is

adequate.

Exhibit 14 -- 31 3

IT

DEVELOPMENT OF THE PROJECT

The Port Project is to be a jointly financed federal, state, and

locn'L 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 embay-

meat 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; apprOXimately 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 in: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 Exhfbit A. In

connection therewith TVA will make general yard.

Exhibit 14 - 32

improvements, including floodlighting, fencing,

and parking areas.

(2) Design and construct on right-of-way to be acquired .

by Board a 12-mile-long railroad spur connecting

the terminal with the Southern Railway main line,

as shown in green on Exhibit B.

B. 'Board will:

• (1) Through issuance of negotiable bonds of the State of

Mississippi or other financing methods, provide funds

in the amount of $1.5 million to be used for purchase

of the railroad right-of-way and approximately 2,000

acres or more of land at the port and along the rail-

road 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 avail-

ability of funds for this purpose.

Promptly upon execution of this agreement, if it has not already

done so, TVA will request appropriations from the Congress to carry out the

work set forth in section II-A above. To the extent that funds may be

available to Board and District for such purposes, Board will proceed

immediately with preliminary steps of property acquisition, including

mapping,' surveying, title examination, and, '%There possible, the optioning

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

Exhibit 14 — 34

property acquisition by purchase will begin as soon as Board is notified

that TVA has obtained the appropriations necessary for the design and

construction of the terminal. When Board has purchased and conveyed to

TVA the railroad easement provided for in section II-B above, TVA will

begin actual construction of the terminal and railroad. Construction of

access roads to the terminal will be coordinated with TVA's construction

schedule.

III

LAND ACQUISITION

In order to assist Board in acquiring land and landrights which

it is responsible for providing hereunder, and in order to coordinate

property acquisition with TVA's design and construction requirements, TVA

will make available, when and as requested, at Board's expense, technical

assistance in land acquisition, including the following:

(1) Surveying' of property and preparation of land

ownership maps..

Preparation of title abstracts and title reports.

Preparation of appraisals, including the procuring

of services of outside appraisers when necessary.

(4) Land buying services, including the negotiation of

option and sales contracts, preparation of deeds,

and handling of closings.

Exhibit 14 — 35 7

(5) Furnishing TVA personnel for use as witnesses

in condemnation proceedings.

For ri3 1 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, 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 thetermili:q

8 Exhibit 1• - 36

shall be operated and maintained by Board acting through a State Inland

Port Authority (hereinafter called "Port Authority"), which shell 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 accord-

ing to sound business practices and perform in proper and expeditious

manner all terminal operations which may be necessary to provide adequate

terminal services for all shippers, receivers, and common carriers

requesting such services. Board will, establish reasonable and equitable

rates and charges for these services which shall be applied without dis-

crimination 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 Boardof 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

of these personnel will be by Tishomingo County during training. There-

after, 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

777

I

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 super-

visors are required. Every effort will be made by the parties to avoid

unnecessary overheads in the operation of the port.

V

INDUSTRIAL DEVELOPMENT ACTIVITIES

Maximum utilization of the Port Project can be realized only

through effective planning and development of the terminal and industrial

sites. Board will be responsible for enlisting the fall cooperation of

agencies of the State of Mississippi and local government in this con-

nection. TVA and District will work with the Yellow Creek Watershed

Authority, the North Mississippi Industrial Development Association, and

other local groups interested in industrial development to promote the

use of the terminal and the development of new and existing industries.

In this connection, the parties will agree upon a preliminary plan to

guide in the development of the industrial sites along the railroad spur.

In addition, TVA will prepare and make available detailed studies of

various industrial groups with potential for the area.

10 Exhibit 14 - 38

VI

LAND SALE AND MANAGEMENT

TVA and Board will make a 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 industrial:

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 11

incurred in the first three years' operation of the Port Project, whichever

amount is smaller, and shall, from time to time, deposit any additional

sums in said escrow' account to insure that there will be on deposit in

said fund at all times an amount sufficient to meet the estimated deficit

from the operation of the Port Project for a period of three years and

the payment of principal of all bonds maturing and interest accruing

during the next 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.

n'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 required to expend for engineering,

auditing, legal, and other professional services, and when all bonds have

been retil'ed•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

•

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

be provided, the proCeeds of. which shall be used solely for the purposes.

as set forth herein. Said bonds sholl be.issued by the State Bond

Commission with the concurrence of the Commission of Budget and Accounting,.

and upon sale the proceeds •are to be placed in a development fund as

hereinafter provided. If the proceeds of any such issue, by error of

calculation or otherwise, shall be less than the amount necessary to meet

the provisions of this contract, additional bonds in like manner may be

issued to offset the deficit, subject to the limitations provided now or

hereafter raised by law, and, unless otherwise provided in the resolution

authorizing the issuance of the bonds, said additional bonds shall be

deemed to be of the same issue and shall be entitled to payment from the

same funds provided for 'herein without preference or priority over the

bonds first issued for the same purpose.

Such bonds shall bear date or dates, be in such denomination or

denominations, bear interest at such rate or rates, be payable at such

place or places within or without the State of Mississippi, shall mature

absolutely at such time or times, be redeemable prior to maturity at such

time or times and upon such terms, with or without premium, shall bear

such registration privileges, and shRl1 be substantially in such form, all.

as shpll be determined by resolution of Board; provided, however, tLH:t

such bonds shall mature annual installments beginning not more than

four (4) years from date thereof and extending not more than thirty (30)

years from date thereof.

Exhibit 14 -- 41 13

The Attorney General of Mississippi shall represent the State

Bond Commission in issuing, selling, and validating the bonds herein

provided for, and Board is hereby authorized to expend a sum not exceed-

ing $15,C00 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 o bonds.

IX

DEVELOPY1NT 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

securities or other securities authorized by law until such time as said

funds are needed to defray the cost of the land acouisition 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.

(o) 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

(e) The interest on bonds pending use of funds.

(f) The amount expended for outfitting the terminal and

providing equipment needed in the operation of the

port project,

(g) If the proceeds of the bonds of any issue shall

exceed the amount required for carrying.out Board's

obligations hereunder, the surplus shall be paid

into the•Bond and Interest Sinking Fund.

The Development Fund shall be administered by Board with such

restrictions as the resolution authorizing the issuance of the bonds may

specifically provide.:

X

DISPOSITION OF REVEYUES

It is anticipated. that Board, through proper operation and

management of the terminal and. the industrial lands, will obtain suffi-

cient revenue to meet all costs of operation, maintenance, renewals, and

replacement; to meet the obligations of the bonds issued for the project;

to repay the federal investment in the project; and to take an active role

in industrial development in the northeast Mississippi area. In order to

achieve these objectives, the parties have agreed upon the disposition of

revenues from the Port Project as hereinafter set forth.

The gross, receipts from the sale.Or lease of industrial lands,

and all rents, fees, tolls, revenue, or other monies from any and all

16 Exhibit 14 -- 44

other sources. or charges whatsoever prescribed, levied, and collected for

the use, occupancy, or sale of any part of the industrial development land

or from the use or occupancy. of any part of the terminal facilitieS, to-

gether 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 pr banks qualified to act as county depositories to be selected and

designated from time to time by Board in -n 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 far 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 undertaking.

' 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 pro- .

fessional services; and the sums required for

promotion, advertising, and expansion of said

Exhibit 14 - 45 L7

facilities under normril, 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 . normal straight-line

depreciation; and cash working capital adequate

to cover operating expenses for a•reasonable

• number of weeks.

(4) To the sums to be paid into the State Ports Fund

provided for in section XI hereof.

(5). Commencing on the date upon which all bonds issued

for the Port Project shall have been paid, or upon

•which the amount in the Bond and Interest Sinking

Fund 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' repayment of TVA's investment in the

project and in lieu of any rental, lease, or other

18 Exhibit 14 - 46

charges by TVA or the United States for the

use of the terminal or railroad facilities,

equal annual installments on July 1 of each

year which shall be sufficient in amount to

amortize the TVA investment as hereinafter

defined within twenty-five. (25) years from the

date said payments commence; provided, however,

that in no year shall said payment exceed

eighty percent (80%) of the gross revenues

'remaining after the requirements of subsections

(1) through (5a) are met for the preceding

12-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 facili-

ties, title to which shall be transferred to the

United States, or in carrying out other approved

.area development projects. Said annual payments

shall cease when the total. TVA - investment shall have

been paid or credited in accordance with this sub-

section. For purposes of this agreement, the TVA

investment . shn71 include the appraised value of a]l.

lands or land rights upon which the terminal is

constructed; the actual costs of design and construc-

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 (4.75/8%), compounded annually, said interest

to commence on July 1 of the fifth year after com-

pletion of construction.

In the event that Board shall elect to purchase the terminal,

facilities and railroad from the United States, credit shall be given

toward the purchase price for all cash repayments pursuant to this sub 7.

section which are properly r117ocable 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" a,s hereby

defined as gross revenue of the Port Project remaining after deduction of

the sums provided for in said. subsections A-(1) through A-(5).

Said net revenue shall be applied as follows:

(1) To the sums required to be paid into the Bond and

Interest Sinking Fund' as provided by the resolution

orresolutions directing the issuance of bonds;

(2). To the sups required to establish and maintain the

Bond Reserve Fund, if any, as may be provided by

the resolution or resolutions directing the issuance

of bonds;

Exhibit 14 - 48 20

• (3) To the sum or sums required to meet the provisions

of the resolution or resolutions directing the

issuance of bonds with respect to redemption prior

to maturity; provided, however, that if no such

bonds be outstanding, then the remaining net revenue

shall be used by Board for the improvement, operation,

advancement, development, maintenance, and advertising •

of the Yellow Creek Port, or other area development

projects which shall have been approved by District

and TVA.

The said gross receipts shall be received and immediately deposited

as provided above. The annual operating funds, defined in subsection A-(l)

above, shall be administered by the Port Authority. under the direction of

the Board. The reserve. funds defined in subsection A-(3) above shall be

administered by Board.

BOND AND INTERST SINKING FUND

Funds for repayment of bonds and interest thereon, as required by

the resolution or resolutions•directing the issuance of bonds, shall be

deposited in a fund to be controlled and administered by Board and to be

N designated as the "Bond and Interest Sinking Blind of the Port."

Said Sinking Fund shall be pledged to and charged with payment

of

Exhibit 14 - 49 21

(a) The interest on bonds issued under this contract as

such interest shall accrue.

(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.

XZE

STATE PORTS FUND

Commencing after the first year in which the revenue of the Port

Project shall be sufficient to meet the requirements of subSectionsA(1)

and A(2) of section X, there shall be paid annually a sum not to exceed

*500 each year, which sum shall be paid into a separate fund in the State

Treasury to be known as the State Ports Fund. Such fund shall be used by

Beard 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

Exhibit 14 - 50

22

of Board may be to the best interest of the ports, harbors, and waterways

of the State, including payment of salaries of-personnel of Board staff

who perform duties in connection with the Port.

The amount to be paid 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 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 all, - 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 all

delinquent payments. These remedies shall be cumulative and without

waiver of any other remedies provided by law.

Exhibit 1.4 - 51

XYV

BUDGET AND REPORTS

The - Port Authority shall prepare and adopt an annual budget for

the operation of the Port Project, which budget shall be subject to the

approval of District, TVA, Board, and the State Commission of Budget and

Accounting, and expenditures for the operation of, said Port Project shall

not exceed the amount included in the budget. Said budget may be amended

from time to time upon good cause shown therefor. The budget shall in-

clude adequate funds for the efficient operation of the Port Project and

may provide for adequate reserves for operation, maintenance, replacement,

construction, repairs, promotion, advertising, expansion and new facilities

of the Port Project, and for unforeseen emergency expenditures, and such

items as adopted and approved shall be considered as reasonable expenses

of port operation and maintenance.

Port Authority and Board shall keep general books of accounts

relating to the Port Project according to standard accounting practices.

Board, or its designated agent, will conduct an annual audit of the - ooks

and records of Port Authority, the results of which shall be made available

to TVA dnd District on request. In addition, Port Authority shall a1loW

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

/4 -, 52

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

in such form as may be directed by Board. Port Authority shall furnish

Board and TVA monthly financial statements and such other reports and

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

long as any.bonds are outstanding shall furnish copies thereof to District.

XV

msuRANcE

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 WA, and TVA and the United States shall be included as named insureds

in all such policies.

XVI

DEFICIENGY 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

• and next by District from any funds 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 available to Board and District

shall be insufficient to pay fully at maturity any installment of principal

or interest or both on said bonds, then the deficiency shall be paid by

the State Treasurer from any funds in the State Treasury not then other-

wise appropriated, and all such bonds steal 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 woll7d be incompatible with the public interest.

XVIII

POLITICAL ACTIVITY

No employee of Port Authority shnil to}:e an active part in

partisan political management or in any partisan political campaign; pro-

vided, however, that this provision does not prohibit political activity

in connection with:

Exhibit 14 — 54 26

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 candi-

dates for presidential elector received votes in the

last preceding election at which presidential electors

were selected; or

B. A matter which is not specifically identified with a

national or state political party such as questions

relating to constitutional amendments, referendums,

approval of municipal ordinances, and others of a

similar character.

. This section is not intended to, and does not,affect the right

of Port Authority employees to vote as they choose and to express their

opinion on political subjects and candidates.

XIX

COMPLIANCE WITH CIVIL RIGHTS ACT

Board and Port Authority agree to comply with title VT 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

• n't

RESTRICTION OF BENEFITS

No director, agent, or employee of TVA, Board, District, or

Port Authority shall be admitted to any share or part of this agreement

or to any benefit that may arise therefrom, but this provision shall not

be construed to extend to a corporation contracting for its general

benefit.

m

AMaID:viET.:TS

The terms and conditions of this contract may be amended or

changed by ;mutual consent of Board, District, and TVA except as other-

wise specifically-provided in the resolution or resolutions authorizing

the issuance of bonds.

IN WITNESS WHEREOF, the parties hereto have executed this

instrument in counterpart on this the day of , 1962.

Attest: MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD

By ( Title)

("Title)

Attest: TENNESSEE VALLEY AUTHORITY

By Assistant Secretary -(Titi-c;)

Attest: TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

(Title)

(Title) Exhibit 14- 56

a '32-

RESOLUTION REQUESTING TOMBIGBEE RIVER VALLEY WATER

MANAGEMENT DISTRICT TO FUND A PROJECT OF A LOCAL

NATURE ON BEHALF OF ALCORN COUNTY

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 aill

on all of tha 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 prajecta 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 pro-

ceeded 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 tp the Tombigbee River Valley Water Management District to

be used for the purposes specified; and to date a relatively small

amount of these taxes have been used for projects of a local nature

in Alcorn County, Mississippi.

(d) The Tannersee Valley Authority has prepared for and

on behalf of, and pursuant to the request of, the Yellow Creek

State Inland Port Authority a comprehensive plan for the—devz)1(

of the industrial properties now owed or hereafter to be acquired

by the Port Authority in Alcorn and Tishomingo Counties, 'Ass-

issippi, 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 specifica-

tions 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 Miss-

isaippi statutes since it involves the preparation of plans for

public works of improvement for the purpose of prevention of

floodwater damage and the conservation, development, utilization

and disposal of water; and this project has been fouad to be both

feasible and absolutely necessary to the industrial development

of thisprea by the Tennessee Valley Authority, the Yellow Creek

State Inland Port Authority, and this Board.

(g) The Yellow Creek State Inland Port Authority has

no funds, or source of funds, available to it with which to fi-

nance 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 slyer Valley Water

Management District to finance this project as a project of a

local nature for Alcorn County, Mississippi.

uow, umauoaE, BE IT RESOLV2,D by the Board of Supervisors

of Alcorn County, Mississippi, as follows:

SECTION 1. The Tombigbee River Valley Water Management

District is hereby requested to mako. available to the Yellow Creek

5exHIBIT 15

-2-

State Inland Port Authority the total maximum sum of fifty thou

sand 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 wells, the performance of necessary studies, the

excavation of certain lands in the vicinity of the Port terminal

and in the industrial development areas, and other related and

necessary work to complete such plans and specifications, as a

project of a local nature for Alcorn County, Mississippi.

SECTION 2. The Clerk of this Board is authorized and 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

day of

April, 1973.

PRESIDENT

7XHIBIT 15 - 3

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 fore-

going is a true, correct and complete copy of a Resolution

adopted by the Board of Supervisors of Alcorn County, Miss-

issippi, at a meeting duly called and held with a quorum

present and participating; that the original of the Res-

olution is recorded in the. Mintites of the Board of Super-

visors in Minute Book ,2 at pages VA - 355 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

/ 2 /

CLERK, -BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

EXHIBIT 15 - 4

Copy of Original:

0 7, 7 ,-, 77Trr? MOBILE

3oulcvard Mobile, Alabama

ATTACHMENT NO. 9

Eniner January 1963

C.

in Rep 7 v Refer To:

Yr. Glover Wilkins Assistant Administrator Tennessee-Tombigbee Waterway DevelopmentAuthority City Hall Building Columbus, Mississippi

Dear nr. Wilkins:

Reference is made to Our discussion, during your recent visit to in. regard to House Bill No. 55, which was enacted into law by the Second Extraordinary Session of 1962 of the Mississippi Leislature.

This.action has the desired effect of providing legal authority for organization of the Tombigbee River Valley Water Management District, which, when established, can fulfill the requirements of local.cooperation for the portion pf the Tennessee-Tombigbee Waterway in Mississippi.

It is requested that information be furnished concerning pro-gress to data in the creation of the Tombigbee RiverValley Water Y_anaement District. We would like to know the names of officers, when an election is held, and, the person and address to whom corres-pondence may be directed, in order that we may submit a draft of a Resolution of Local Cooperation for adoption.

As discussed with you, the first location at which construction of the Tennessee-Tombigbee Waterway will occur after funds are made available, will be Gainesville, Alabama. So far as we know, no ection has been t .r 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 reard to meeting the requirements of local cooperation in Alaba:na.. If 'no single agency of the State of Alabama can fulfill the require-ments, it appears that -this may cc a good time to start action toward the creation of an ap:ency such as that created by Ylissiseippi, particularly since the Alabama Legislature will convene this year. '

EXHIBIT 16 --

PAC'3 -2-

AnACiiMENT NO. 9

Glevr Wilins 31 JE-Inuary 1963

Altish no flIns or this project were contained in - t'nc rcsidcnt's reco=cnhed buclget for fiscal year 1964, funds can be

athicc: 'ny Conress. The recluirer:lents of local cooperation - must be met before construction can bezin.

Your early advice in these matters will be appreciated.

Sincerely yours,

YETVTN W. DOVTTH Chief, Acquisition Branch Heal Estate Division

EXHIBIT 16 - 2

"RESOLUTION ADOPTED BY TOM:3IGBEE RIVER VALLEY WATER MANAGEMENT DISCTICT".

WHEREAS, 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. 486, Seventy-ninth Congress, Second Session); and

WHEREAS, House Document No. 486 provides that local in-terest Construct, maintain, and operate all highway bridges, and con-struct and maintain all highway relocations or alterations; make and maintain at their expense alterations as required in sewer, water sup-ply and drainage facilities; assume the cost of operation and mainte-nance of utility crossings; and provide and maintain at their expense and as required suitable and adequate river and canal terminals in accordance with plans approved by the Secretary of the Army and the Chief of Engineers.

WHEREAS, The Tombigbee River Valley Water Management District is vitally interested in the proposed work of improvement and desires to fully cooperate with the Federal Government in the project;

NOW THEREFORE, BE IT RESOLVED that The Tombigbee River Valley Water Management Disctict hereby pledges its full coop-eration in the project and grants this assurance that it will within the State of Mississippi; construct, maintain and operate all highway brid-ges, and construct and maintain all highway relocations or alterations (either by itself or by making satisfactory arrangements with agencies of the State or County to provide the required construction, mainte-nance and operation) ; make and maintain at its expense 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 sewer, water supply and drainage facilitizies); 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 ade-quate river and canal terminals in accordance wit`, plans approved by the Secretary of the .Army and the Chief of Engineers.

Adopted in Session this 26 day of March , 1,962+.

(J. C. Whitehead :Jr., President)

Evel•n Ray Secretary of Tombigbee River Valley Water IL.r.anagement 11::sctict, certify that the foregoing Resolution was duly passed as recited therein, that the fore-going is a true copy of same as it appears in the .Minute ET:ook. at Page 19, Vol. 1 of the records of said District.

(Signed) (!,1rs.) Evelyn Ray

Mr. Pounds also presented an excerpt form the Minutes of the meeting of the State Hirhway Commission March 10, 19:•/4.• This ex- cerpt is hereby made a part cf these minutes since it very vitally concerns the Resolution which proceeds. The original copy signed by the Secretary of the State Highway Commission is found in the files of

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LILFARTMENT OF THE ARMY

MtMPHIS OISTPUCT. CORPS Or ENGINEERS , • -

050 FEDERAL BUILDING

MEMPHIS. TENNES SEE: 30103

IM REPLY RIFER TO DIKELE-A . 5 February .1970

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 Eatehie River Basin Study which was delivered, along with copies of certain of the Mississippi State Statutes, to this office by , Mr. Thompson Pound, Executive Director.

We appreciated the visit with Mr. Pound and found his discussions regarding the origins, background and legal status of the Tombigbee River Valley Water Management District very informative and useful. Upon returning to his office, Mr. Pound sent us several additional documents clarifying some of the legal aspects of the Tombigbee River Valley Water Management District's authorizations to participate in water resource projects.

From our discussion with Mr. Pound and after preliminary study of materials forwarded to us by him, I am of the opinion that the Tombigbee River Valley Water Management District could be an acceptable local sponsor for that portion of the proposed 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 completed in December 1970. At that tir,e 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

LMMRE-A 5 February 1970 Mr. Jim Smith, Member

- to•sponsor the project, a letter to that effect would be desirable to be .included in the final report. FoLmal 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,

fr •

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

2

EXHIBIT 19 - 2

P. :ETA CH1',1 ENT NO. 11

LOCAL. COC)PERATI3N FOR IEDERAL TROiECT-IY.]?ROVEXET TO2IGBEE RIVER AND TRIBUTARIES, MISSISSIPPI AND Al.ADA.MA FOR

FLOOD CONTC:OL

WI.IERE•S, the Flood Control Act of 3 July 1958 authorized the S:ecretary of the Army to improve the Tohigbea River and Tribu-

. taries, anc: Alabama, by means of channel clearing and rectification on twenty-two tributary s+ 's for flood con- trol purposes in accordance with the recommendations of the Chief of Engineers in 1-louse Document numbered 167, Eighty-fourth Congress, first session; and

WEEREAS, House. Document No. 167 provides for: Improvement for flood protection, consisting of channel clearing and enlarge- • ment of existing channels, and. construction of new channels as [cenorally described in House Document No. 16/ .for 'IN,renty Mile Creek, a tributary of East Fork, Stanefer Cree, a tributary of last Fork, Dig Browns Creek, a tributary of East Fork, Little Drowns Creek, a tributary of East Fork, Doniven Creek, a tri- butary of East Fork, Mantachia Creek, a tributary of East Fork, West Fork of the Tombigbee River (Old Town Creek), Buttahatchie. River, a, tributary of Tombigbee River, James Creek, a tributary of Tombigbee River, Tibbee River, atributary of Tombigbee River, Catalpa Creek, a tributary of Tibbee River, Sakatonchee Creek, a tributary of Tfbbec River, Line Creek, a tributary of Tibbee River, ,North Canal, a•tributary of . Line Creek, South Canal, a tributary of

'•Linc Creek, JohnsonCreck, a tributary of Line Creak, Trim Cane Creek, a tributary of Line Creek, Sun Creek, a tributary of Trim Cane

Luxapalila Creek, a tributary of Tombigbee . River, Noxubee River, a tributary of Tombigbee River, Sipsey River, a tributary of Tombigbee River;

All generally in accordance with the plans of the District Engineer, U. S. Army Engineer District, 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 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 1936, .and Public Law 85-500 of 3 July 1953, 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 the 'project.

b. . Make at their expense all road, highway bridges and utility .changes, alterations, additions, and relocations necessary for the project.

c. Mold and save the United . States free from. damage duo so the construction works.

d. Prevent future encroachments in the improved channels.

e. J,aintain all the works after complecicm in accordance with regulations pres,..ed by the . Secretary of the Army.

EXH.: 20 -- 1

I

AT'.1:71CHnLIN: 11

i.:otri5ute in cash oz- ec:uvalent work the sum of S1,473,060.00 towar<i Lhe toL n cost of consc.rdction, the contributin to loL. apportioned on a pro-rat:a basis using the estimates provided in Table 7 and Table 9 of the Report of the District Engineer in House Document No. 167, Eighty-fourth Congress, first session;

and provided further that construction may be initiated on any portion of a s : ream 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

WEREAS, the Tombigbee River Valley Water Management District is 'itatly interested in the proposed work of improvement, and desires to fully cooperate with the Federal Government in the project;

NOW ME,REFORE, 'LE 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-meats, and rights-of-way necessary for the construction of the project.

b. Make at their expense all road, highway bridges and utility changes, alterations,. additions, and•relocations necessary for the project.

c. Hold and save the .United States from damages que to the consLruction works.,

d. 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 $759 700.00 which is the pro-rata share of the total cash contribution, cy..: $1,473,000..00 required for the portion of the project in•the State of Mississippi. •

.Adopted in Session this c9t? . day o

. )

President, Tombigbee M- Ter Valley Water Management District"

( From Minutes off. Quarterly Meeting,

Autost. 23, 1963)

EXHIBIT 20 -- 2

nsly,:lin) pre- I in 1.1n,1

ven;ed

111';to L6 to rrpt

Fatal naiu

- P. TTA CHMENT NO. II

TA1i1,E coe51 s /o/d con;:dercd slr canis

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. • .

EXHIBIT 21 - 1

(2/

A . F. Si;.\t'..sir.)? Ara)It'N EY EN El? A I.

1)E1'Airrm.r.7.-f ov

0116.'1' Of AItornou (7. JACKSON, MISSISSIPPI ',JUL:00

August 29, 1973 '1 P S. 1..11.3Y PAYN

A SSISTANT A.TTOUN Y GENI: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 under-signed 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 Super-visors be eligible to levy or to divert the two mills of the State Ad. Valorem tax which they have previously been diverting to the TRVWMD and designate these two mills for capital improvements in our school system, levying a matching one-half mill which the county presently is doing on the millage diverted to the Tombigbee River Valley Water Management District."

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

EXHIBIT 22 - 1

A. F. SUMMER, ATTORNEY GENERAL 453.

BY A-741' ' (Mrs Mary Li )•y P. ne Assi tant Attorney General

EXHIBIT 22 - 2

Honorable John L. Hopkins August 29, 1973 Page 2

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

Section 5956-140, Mississippi Code of 1942,. Recompiled, provides for the retention of two mills of state ad valorem taxes for the additional support of the district. The last portion of that section says:

"(T)he State of Mississippi shall continue to levy not less than two (2) mills ad valorem taxes on each county in the district so long as any obligations or bonds issued pursuant to this act remain outstanding."

Section 5956-141, Mississippi Code of 1942, Recompiled, provides for issuance of bonds and for the pledging of the avails of the two mills state ad valorem tax and of the net revenues for the repayment of such bonds.

Your letter does not state whether or not any bonds have been issued, but if bonds have been issued for the repay-ment 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 con-tinue 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,

MLP:lm

MRS. fikAA D. DODD, Cir. Gik.

4 /

ATTORNEYS FOR APPELLEE

CERTIFICATE OF SERVICE

I, John L. Hopkins, one of the attorneys of record

for the appellee, the Board of Supervisors of Alcorn County,

Mississippi, in the above styled and numbered cause, hereby

certify that I have this day mailed by U. S. Mail, postage pre-

paid, a true, correct and complete copy of the foregoing Motion

To Dismiss to, 0. R. Smith, Jr., Smith, Downs, Coleman & Ross,

Attorneys at Law, Post Office Box 191, Corinth, Mississippi 38834,

the attorney of record for the appellant.

WITNESS my signature, this of October, 1973.

OCT 2 2 1913

BY

IN THE CIRCUIT COURT OF

ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT, APPELLANT

VS.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI,

APPELLEE

MOTION TO DISMISS

No. 3234

The Board of Supervisors of Alcorn County, Mississippi,

the appellee in the above styled and numbered cause, moves

the Court to enter an Order dismissing the petition of appeal

and bill of exceptions in this case on the grounds that the

Board of Supervisors of Alcorn County has rescinded its Order

entered September 28, 1973, from whiCh this appeal was taken,

and, therefore, these proceedings are moot.

Respectfully submitted,

JQHN L. HOPKINS PRICE & KROHN

IN THE CIRCUIT. COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT

APPELLANT

VS.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

) ) ) ) ) ) ) ) ) ) )

NO. 3234

PETITION OF APPEAL

COMES NOW Tuscumbia River Drainage District, a body politic

and corporate of the State of Mississippi, and respectfully appeals

to this Honorable Court from an order of the Board of Supervisors

of Alcorn County, Mississippi dated September 28, 1973, and an

order of said board dated October 22, 1973, purporting to rescind

and replace said order of September 28, 1973, and as grounds for

said appeal and for the affirmative relief hereinafter sought,

respectfully shows unto the court:

1. On October 8, 1973, the appellant filed an appeal with

the Board of Supervisors of Alcorn County, Mississippi, appealing

from the order entered by said board on September . 28, 1973, and on

said date also filed with said Board of Supervisors its bill of

exceptions embodying the facts, judgment and decision of said Board

of Supervisors, all as required by Section 1195 Mississippi Code

of 1942, Annotated, as amended.

IAA 1:0 OCT 3 1197a

MRS. FAURA D. DOD , Ciro Clk.

BY alt-ti-Ca->

and cancel the aforesaid orders of the Board of Supervisors of

Alcorn County, Mississippi dated September 28, 1973 and October 22,

1973 and by its judgment, writ of mandamus, or such other writ or

order that may be proper, order and direct the Board of Supervisors

of Alcorn County, Mississippi to rescind and cancel said orders and

to continue to levy an ad valoremtax of one-half mill on all taxable

property in said county for the support of said district and the

discharge of its outstanding obligations until such time as all out-

standing bonds and other obligations of said district have been re-

tired and discharged, or until the year 2005, whichever shall occur

sooner.

RESPECTFULLY SUBMITTED,

TUSCUMBRIVER DRAINAGE DISTRICT

BY: ,e). IT ATTORNEY

SMITH, DOWNS, COLEMAN AND ROSS PROFESSIONAL ASSOCIATION POST OFFICE BOX 191 CORINTH, MISSISSIPPI. 38834

CERTIFICATE: OF SERVICE

This is to certify that I, Orma R. Smith, Jr., one of the

attorneys of record for Tuscumbia River Drainage District, appellant

in the above styled cause, have this day served a copy of the fore-

going Amended Petition of Appeal on the Honorable John Hopkins and

Price and Krohn, attorneys for appellee, by mailing a true copy

thereof to their regular mailing addresses in Corinth, Mississippi.

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

-4-

CERTIFICATE OF FILING

I, ORMA R. SMITH, JR., one of the attorneys of record for

Tuscumbia River Drainage District, appellant in the above styled

and numbered cause, do hereby certify that I have this day filed

with Jack Holt, Clerk of the Chancery Court of Alcorn County,

Mississippi and Clerk of the Board of Supervisors of Alcorn County,

Mississippi, a true and correct copy of the foregoing attached

Petition of Appeal on this day filed in this cause.

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

ORMA R. SMITH, JR.

-5-

ORDER WITS-IDRAWING AB INITIO COUNTY FROM THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT: AUTHORIZING TIIE INSTITUTION OF SUIT

• AGAINST THE DISTRICT TO RECOVER ALL TAX MONEYS PAID BY ALCORN COUNTY TO THE DISTRICT: AND FOB OTHER RELATED PURPOSES.

•::

WHEREAS, the Board of Supervisors of Alcorn County,

Mississippi, finds and determines the following:

4a) By Resolution adopted by this Board on January 11,

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

pages 21-24 and 49-53 respectiyelx, Alcorn County purported to become

a member of the Tombigbee Rivr,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); i I "I

(b) • .These ovo Reolutions were adopted by this Board

upon the oral and written representations of parties interested in the

formation of this water managemerlt district that Alcorn County could

legally become a member because pit had surface water which flowed

into the Tombigbee River or its tributaries, and that such membership

would benefit Alcorn County because the primary purpcx,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;

E "

1 .1, 110,-,4 ■ 111. ;

(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

this water management district consists of four separate types of ni .

projects - - "canalling the Tombigbee River, flood control program , .i 111 4 i i 1 , I

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

prevention program as set out by the Federal congress in Public Law

No. 566, 83rd Session, and projects of a local nature - - the first

of which Is under the exclusive control of the United States Corps of k

Engineers and financed completely by federal funds, the second and h,11.1,1..k. • I

third of which are specifically limited to projects on the twenty-two

111,1,, . ,.; named tributaries of the Tombigbee River, and only the fourth of which

p, I i 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

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;

H111 1 ,,, R ■ •

(g) During the yLrs 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. ri

NOW, THEREFORE, BE IT ORDERED by the Board of

Supervisors of Alcorn County, Mississippi, as follows:

cFCTiON 1: The Resolution adopted by this Board on

January 11, 1963, and February 6, 1963, recorded in Minutes Book

No. 36 at pages 21-24 and 49-53 respectively, are hereby rescinded

and annulled ab initio; and Alcorn County hereby withdraws from the

Tombigbee River Valley Water Management District effective

February 6, 1963.

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

In

empowered and directed to institute and prosecute to completion a

suit In a court of competent jurisdiction for, in the name of, and on

behalf of Alcorn County to recover from the Timbigbee River Valley

Water Management District all funds which have been paid to this

district by Alcorn County.

SECTION 3: The Clerk of this Boih-d is hereby authorized,

empowered and directed to deposit all funds received from the one-

half 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 k If

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 two-

mill 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 1

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 r

1

Beginning October 1, 1973, Ending September 30, 1974, " and

recorded in Minute Book No. 48 at pages 166-168, is hereby rescinded

and annulled; and all other priOr Orders and Resolutions of this Board

in conflict with any provision of this Order are hereby rescinded and

annulled insofar as such conflict exists.

SECTION 6: The Clerk of this Board is hereby

authorized, empowered and directed to furnish a certified copy of

this Order to the Tax Collector , of Alcorn County, Mississippi, the

Commission on Budget and Accotinting for the State of Mississippi,

land the Tombigbee River Valley Water Management District.

The foregoing Order was adopted by a unanimous 1 ;;;. ...;; 1.1;

vote of the Board of Supervisors of Alcorn County, Mississippi, with I I I . • a 1 J„i , I • i • .

the following Supervisors voting for the adoption, of the Order: I „ I I .I I ' , •

T. A. Little I” I FLIL.• Denton

J. W. Morton ;. I Willard Crum

r • .

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. 1

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

IN TUE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT

APPELLANT

VS. NO. 3234

BOARD OF SUPERVISORS OF. ALCORN COUNTY, mrssrasIpPI

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. ) NO. 3248

) )

BOARD OF SUPERVISORS OF ALCORN ) COUNTY, MISSISSIPPI )

) APPELLEE )

ALCORN COUNTY, MISSISSIPPI ) )

PLAINTIFF ) )

VS. ) NO. 3240 ) )

TOMBIGBEE RIVER VALLEY WATER ) MANAGEMENT DISTRICT )

) DEFENDANT ) NOV 21.191

MRS, atiA DOla Ciro

MINUTE BOOK #3

Page 19j. -• .

ORDERED AND ADJUDGED, this day of Nov

CIRCUIT COURT JUDGE

NOV 2 1 1913

MRS. iikiAA D. DODD, Cir. CIK

ORDER

On motion of all parties, and for good cause shown,

IT IS HEREBY ORDERED that the above causes are hereby con-

solidated 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.

APPROVED FOR ENTRY:

SMITH, DOWNS, COLEMAN AND ROSS

BY:

ATTORNEYS FOR TUSCUMBIA RIVER

DRAINAGE DISTRICT

MITCHELL, McNUTT AND: SH

ATTORNEYS FOR TOMBIGBEE RIVER

VALLEY WATER MANAGEMENT DISTRICT

PRICE AND KROHN

JOII . HOPKI $

BY:

TORNEYS FOR BOARD OF SUPER-

VISORS OF ALCORN COUNTY, MIS-

SISSIPPI

MINUTE BOOK #3

Page

•. .1qPiF11.1 ■ 11 , 1....6, ■ !!

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 )

ALCORN COUNTY, MISSISSIPPI

PLAINTIFF

VS.

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

DEFENDANT

NO. 3234

NO. 3232

NO. 3248

NO. 3240

MINUTE BOOK NO. 5

PAGE #3913_

MANDAMUS ORDER

BE IT REMEMBERED that the above styled and numbered causes,

having been by agreement consolidated for hearing, came on for

hearing on the appeal from the Orders of the Board of Supervisors

of Alcorn County, Mississippi, in Causes No. 3232, 3234, and 3248,

and on all issues of law raised by the pleadings in Cause NO.

3240, and the Court having considered same and having heard

argument of counsel, doth find:

1. In 1963, Alcorn County, Mississippi, legally became a

member County of the Tombigbee River Valley Water Management District

and has been at all times since and is now legally a member County

of the Tombigbee River Valley Water Management District.

2. That the Board of Supervisors of Alcorn County, Mississippi,

had no legal authority for entering the Orders dated September 28,

1973, and October 22, 1973, which purport to remove Alcorn County

from the Tombigbee River Valley Water Management District and to

divert the tax revenues from the one-half mill special tax levy

and the two mill State ad valorem tax levy from the Tombigbee River

Valley Water Management District to other purposes. That said

Orders having been illegally entered by said Board are null and void

of no force and effect.

3. That the Board of Supervisors of Alcorn County, Mississippi,

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

MINUTE BOOK

PAGE it a22_

2

CIRCUIT JUDGE

MITCHELL, McNUTT & BUSH

BY:

PRICE AND KROHN JOHN—,L. HOPKINS

NOV 2 8 1913

each of said Orders and should be and hereby is ordered to continue

to levy an ad valorem tax of one-half mill on all property of Alcorn

County, Mississippi, and to direct the Tax Collector of Alcorn County

to pay to said Tombigbee River Valley Water Management District all

of the proceeds from said one-half mill levy, together with the proceeds

from two mill State ad valorem taxes as authorized by law.

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

and abated pending an appeal from this Order to the Supreme Court of

Mississippi, which appeal was on motion of the Defendant Board of

Supervisors granted in open Court.

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

to issue a Writ of Mandamus to the Board of Supervisors of Alcorn

County, Mississippi, and to serve a copy thereof on the President of

said Board, setting out in said Writ the provisions of this Order.

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

APPROVED AS TO FORM:

SMITH, ])OWNS, COLEMAN AND ROSS

BY: AT ORNEYS FOR TUSCUMB A IVER DRAINAGE DISTRICT

ATTORNEYS FOR TOMBIGB E RIVER VALLEY WATER MANAGEMENT DISTRICT

BY :\ e_ 2

ATTORNEYS FOR BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

MINUTE BOOK

PAGE Lop 3 fiziA CIOUB,

vOLL.1444A-4-47,- '

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. 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

RS. FADRA D. DOD D, CiL cif,

riktit

2251 6t d vmwt e,vv

TITLE

You are further directed to execute the same by delivering a

copy to T. A. Little, President of the Board of Supervisors of

Alcorn County, Mississippi, and the original shall be returned with

endorsement showing how it was executed.

DATED, this the Oft-L day of 1973 -

CIRCUIT CLERK

13,a dt-kiLt

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

...004 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 2thyday of

A 1973.

5

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 )

ALCORN COUNTY, MISSISSIPPI ) )

PLAINTIFF ) )

VS. ) )

TOMBIGBEE RIVER VALLEY WATER ) MANAGEMENT DISTRICT )

) DEFENDANT )

(Mu u+-e_ Boo W -fr3

P4- X 395

NO. 3234

NO. 3232

NO. 3248

NO. 3240

2

MANDAMUS ORDER

BE, IT REMEMBERED that the above styled and numbered causes,

having been by agreement consolidated for hearing, came on for

hearing on the appeal from the Orders of the Board of Supervisors

of Alcorn County, Mississippi, in Causes No. 3232, 3234, and 3248,

and on all issues of law raised by the pleadings in Cause No.

3240, and the Court having considered same and having heard

argument of counsel, doth find:

I. 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

At IA-Q._ pc

P4; ie 319

CIRCUIT JUDGE

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.

.i2,41L" ORDERED AND ADJUDGED, this the IAZh day of November, 1973.

APPROVED AS TO FORM:

SMITH, DOWNS, COLEMAN AND ROSS

Zei

AT ORNEYS FOR TUSCUMB AC RIVER DRAINAGE DISTRICT

MITCHELL, McNUTT & BUSH

BY:

1314- :

ATTORNEYS FOR TOMBIGB E RIVER VALLEY WATER MANAGEMENT DISTRICT

PRICE AND KROHN JOHN-L. HOPKINS

BY: ATTORNEYS FOR BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

/]/

OF

600 k 4P,3

Al e, 0-40e, 3

NOV 2 9 1973 APPELLEE

l?r,1 ITO M ) BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI,

PETITION FOR APPEAL

MRS.. D. DUDU, CHL

a Pursuant to the provisions of Section 11-51 Miss-

IN THE CIRCUIT COURT OF

ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT, APPELLANT

VS.

3234

issippi 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 provi-

sions of Section 11-51-101, Mississippi Code of 1972 0

PRICE & KROHN JO ► L. HOPKINS

BY E (1„Lc-e /ATTORNEYS FOR PETITIONER

CERTIFICATE OF

I, James E. Price, one of the attorneys of record for

the petitioner, Board of Supervisors of Alcorn County, Miss-

issippi, 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.

This 29th day of November, 19

AHES E. 'RICE

IN THE CIRCUIT COURT OF

3234

ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT,

APPELLANT

VS.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI,

APPELLEE

) ) ) ) ) ) ) ) ) )

NO.

DESIGNATION OF RECORD ON APPEAL

TO: Fadra D. Dodd Circuit Clerk Alcorn County Circuit Court Corinth, Mississippi 38834

Pursuant to the provisions of Section 9-1333, Miss-

issippi Code of 1972, notice is hereby given that the Board

of Supervisors of Alcorn County, Mississippi, desires to appeal

the above styled and numbered case to the Mississippi Supreme

Court; and the Board of Supervisors of Alcorn County, Miss- ,

issippi, designates the following portions of the record, pro-

ceedings, 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 Tus- ,

cumbia River Drainage District on October 8, 1973.

2. Bill of exceptions (but not the exhibits thereto, which are already contained in the record on appeal in Cause No. 3248) filed with the Board of Supervisors of Alcorn r County, Mississippi, by the Tuscumbia River Drainage District on October 8, 19730

3. Motion to dismiss filed by the Board of Super-visors of Alcorn County, Mississippi on October 22, 1973.

4. Petition of appeal (but not the exhibit there-to, which is already contained in the record on appeal in Cause No. 3248) filed by the Tuscumbia River Drainage District on October 31, 1973.

PRICE & KROHN JOHN L. HOPKINS

BY Akka4,- ORNEYS FOR BOARD OF SUPER..

SORS OF ALCORN COUNTY, SSISSIPPI

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

6, Mandamus Order entered November 24, 1973, by Judge L. To Senter, Jr., and filed with the Alcorn County Circuit Court Clerk on November 28, 1973,

7. Petition for appeal filed by the Board of Super-visors of Alcorn County, Mississippi, on November 29, 1973, with the Circuit Court clerk's dorsement thereon.

8, Summons served on Tuscumbia River Drainage Dis-trict to answer appeal or, in lieu thereof, waiver of summons *

9c Copy of this Designation Of Record *.

10 0 Circuit Court Clerk's certificate and cost bill.

CERTIFICATE

I, James E. Price, one of the attorneys of record for

the Board of Supervisors of Alcorn County, Mississippi, in the

above styled and numbered cause, hereby certify that I have this

day mailed, postage prepaid, a true, correct and complete copy

of the foregoing Designation Of Record On Appeal to O. R. Smith,

Jr., Smith, Downs, Coleman & Ross, Attorneys at Law, Post Office

Box 191, Corinth, Mississippi 38834, the attorney of record for

the Tuscumbia River Drainage District, and that I have this day

filed with Fadra D. Dodd, Clerk of the Circuit Court of Alcorn

County, Mississippi, a true, correct and complete copy of this

Designation Of Record On Appeal with a statement of how the

same was served on the attorney for the adverse party *

This 29th day of November, 1973.

NOV 2 9 1913

-2 MRS. FADRA D. DODD, Cir. Lik.

BY

MRS. Fiii.if{A D. DOW), Cir.

IN THE CIRCUIT COURT OF

ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT,

APPELLANT

VS. NO. 3234

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI,

APPELLEE

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 1972.

'111 Signed and executed on this the 36— day of

1\64)-4-4444--) , 1973.

SMITH, DOWNS, COLEMAN & ROSS

BY /111441 AT ORNEYS FOR TUSCUMBIAGI IVER DRAINAGE DISTRICT

uLt, 3 1913

BY

IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT .

VS.

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT

VS.

APPELLANT

NO. 3232

APPELLEE

APPELLANT

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

S T I P U L A T I O N

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 De-jaz70-i/_)(.74.' 0-7_4 -•";'/

PRICE & KROHN JOHN L. HOPKINS ATTORNEYS FOR BOARD OF SUPERVISORS

OF ALCORN COUNTY, MISSISSIPPI

BY E

MITCHELL, McNUTT & BUSH ATTORNEYS FOR TOMBIGBEE RIVER .

VALLEY WATER MANAGEMENT DISTRICT

BY

uLC 1 11973

2 MRS. ri,A,A b. Dbbi), Cir. Cll.

"ol

MINUTE ' : t t

Page

STATE OF MISSISSIPPI

Circuit

Alcorn

July

To the Honorable the

of

WHEREAS, on the 22nd d ay of

Court,

County—Greetings:

„ 19 74 (the some 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 Jack •

son, in said State, on the 1st Monday of March , in the year of our Lord, 1924_, the

following final Judgment

was rendered by our SUPREME COURT, to-wit:

,BOARD OF SUPERVISORS OF ALCORN COUNTY MISSISSIPPI

48,080 48,081

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 hod.

WITNESS, the Hon Robert G. Gillespie Chief Justice of our Supreme Court; also the signature of the Clerk and the Seal of said Court hereunto affixed, at office, at Jackson, this the

16th September day of 1974 ,

77-7 , Clerk

By

, D C

(arcuit Court 43248, #3232 & 43234)