Tusc Wtr Mgmt Dist vs Alcorn Bd Sup_3234 by Milton Sandy

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 Mississippi, being aggrieved by the decision of the Board of Supervisors 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 BoardA a 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

â&#x20AC;˘ o 1973

MRS. BY' Page 2

Wis. elk.

BEFORE THE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

OCT 8 1973

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

(

CLERK 4t- • — ;,..-14-tyardI

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 "Tuscumbia"), desiring to appeal from a judgment and decision of this Honorable Board, files this its Bill of Exceptions, incorporating herein by reference as fully as if copied at length herein, each and all of the following numbered exhibits, which exhibits are attached hereto and which'compromise its said Bill- of Exceptions:

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

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

Resolution of Board of Supervisors of Alcorn County,

Mississippi dated February 6, 1963.

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

6. Letter from Colonel Robert E. Snetzer of the U. S. Corps of Engineers dated July 6, 1969.

7. Opinion of the Attorney General of the State of Mississippi dated June 3, 1968.

8. Resolution of the Board of SuperVisors of Alcorn County, Mississippi dated August 7, 1969,

9.. Copy of work sheets showing break-down of half-mill county wide levy and two mill .advalorem tax contribution by counties and by calendar years through 1972.

10. Break-down of tax revenues from member counties by fiscal â&#x20AC;˘ years.

11. Resolution of Board of Directors of said District, dated October 29, 1964.

12. Resolution of Board of Supervisors of Alcorn County, Mississippi, dated July 8, 1969.

13. Resolution of Board of Supervisors of said District, dated July 24, 1969.

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

-2-

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 District, 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 improving Tombigbee River tributaries and streams.

22. Opinion of the. Attorney General of. the State of Mississippi dated August 29, 19.:73.

RESPECTFULLy SUBMITTED, Tumnla RIVER DRAINAGE DISTRICT 11 ;;PIA / TS. ATTORNEY

SW/1ED pursuant to the provisions of Section 1195, Mississippi Code, 1942, Annotated, for delivery by the Clerk of the Board of Supervisors of Alcorn County, Mississippi to the Clerk of the Circuit Court of Alcorn County, there to be docketed for hearing in due course, this

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

day of October, 1973.

01,

,/,?&,4L

FA D. DODD CIRCUIT COURT CLERK ALCORN COUNTY, MISSISSIPPI

_â&#x20AC;&#x17E;)

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 fragmentation of programs and the interruptions resulting from lack of funds which has heretofore been characteristic of the Federal monies available for these programs. WHEREAS, the objectives of this program are to develope a model for a minimum local effort in attaining the following goals: 1. To provide mentally retarded children of the target families in the four county area with mental, medical, psychological, career and social services they may need for total emotional, personal and educational development. 2. To provide a minimum number of adequate day care centers as models in each of the counties comprising the multi-county child development program. To demonstrate methods and determine realistic 3. costs of developing services on a multi-county basis. To assist parents in being able to provide the 4. highest education standards possible for their mentally retarded children. WHEREAS, Alcorn County has derived little if any benefit from its support of Tombigbee River Valley Water Management District and future benefits are entirely speculative, and

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 foregoing 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 in arl for the State

and c,

is a true idliy and corn.

arirj Chancery GleCA

Exhibit 1 â&#x20AC;&#x201D; 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 onehalf mill County-wide levy, established County-wide in 1969, has produced approximately $30,000.00 through December 31, 1972. It will produce approximately $10,000.00 in 1973. Thus the County has levied a new tax of one-half mill and the State has diverted two (2) mills of State taxes to the District. This is the full extent of the County's contribution and obligation as a member of the District.

III. WHAT BENEFITS DOES ALCORN COUNTY GET FROM THE DISTRICT? 1. The District is committed to expend one mill of the 2-1/2 mills received from each County on "projects of a local nature" directly affecting the County itself. These projects of a local nature are selected by the Board of Supervisors and the District Directors of each County. Based on 1965 assessments, Alcorn County will receive at least $620,000.00 for such projects of a local nature. At the request of the District Directors from Alcorn County and the Board of Supervisors of Alcorn County, approximately $61,900.00 of these funds have been

3 EXHIBIT 2 - 3

expended and the remainder allocated to sponsor flood control structures of the Soil Conservation Service in the Tuscumbia Basin and to underwrite Alcorn County's share of the cost of the operation of Yellow Creek Port, 2. The Act authorizing the Yellow Creek Port provided that Tishomingo, Alcorn, Prentiss, and Itawamba Counties could either levy a tax of two mills to sponsor the Port or could decline to act as the sponsor and request District to so act. All four Counties, including Alcorn, requested the District to sponsor and underwrite the Port, and entered into a contract with it to do so. By that contract the District is obligated to underwrite the $1,500,000.00 State bond issue with Districtwide funds and also to underwrite the operating expenses of the Port as a project of a local nature for the four Counties. The District initially put $257,000,00 in escrow, earmarked for the first three years of this commitment. Funds actually expended to date by the District in connection with the Yellow Creek Port include $6,000.00 for Mississippi State University for a feasibility study and a bond payment of $88,229.55. These expenditures were from District-wide funds. The District eventually will be repaid the cost of underwriting the bond issue but only when funds are available from the sale of industrial lands. In the meantime, it must continue to make annual bond and interest payments. The District has also expended $75,455.86 to underwrite the operations of the Yellow Creek Port. This expenditure is from funds of projects of a local nature in Alcorn, Prentiss, Tishomingo, and Itawamba Counties pro-rata.

4 EXHIBIT 2 - 4

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

The District has obligated itself to act as local

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

The District is legally empowered to act as local

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

IV. WHY SHOULD ALCORN COUNTY REMAIN IN THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT? There are three separate answers to this question, each sufficient in itself. 1. Numerous legal obligations have been created both on the part of the District and Alcorn County since 1963. To name the major ones:

5 EXHIBIT 2 - 5

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

6 EXHIBIT 2 - 6

2. Alcorn County receives many direct and indirect benefits as a member of the District. Of the 2-1/2 mills to be collected in the future, the District is obligated to spend at least one mill on projects of a local nature designated and approved by the Board of Supervisors of Alcorn County, such as the Yellow Creek Port and flood control structures. By virtue of the proximity of the Yellow Creek Port and the Tennessee-Tombigbee Waterway, and the obligation of the District to sponsor those projects and provide necessary local funds, Alcorn County stands to benefit perhaps more from the District's activities than almost any other County. Furthermore, once a County comes into the District and levies the one-half mill tax County-wide, as Alcorn has done, there is no distinction between the County wholly within the Tombigbee Basin and one with only a part or none of its area in the Basin.

The District can sponsor flood control projects

by the Corps of Engineers on the Tuscumbia and Hatchie River anywhere in Alcorn County, just as fully as it can on the Tombigbee and its tributaries in other member Counties. 3. For ten years, Alcorn County has wanted to be in the District. The members of the old Tombigbee Valley Authority from Alcorn County and the Alcorn County delegation to the Legislature were most active in the creation and organization of the District. In 1963 the Board of Supervisors approved the formation of the District and published the proper notice for voters to register their protests by petition. Not a petition was filed.

EXHIBIT 2 - 7

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

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 ,â&#x20AC;˘â&#x20AC;˘

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 legislation 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 To m bigbee 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 benefits 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 rn County, duly assembled on Sp this the llth day of January, 1963, that we unanimousr ,:!concl end enthusiasically enciorso the creation of flLzch Di3trict, 21 IT PiRTHIFaCI:LVI., that certifiod copies

EXHIBIT 3 - 1

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.11 itarditiVI I I:, 1 iv, Bilititti.alt-ttd. 111, •111f1 it in I he twat ill,of in% tol valitr•to In, 1 i.,,,i, am! tvol faro of ii, rilizont 1 oty mill on till t,r li p,. ,,,,..„1.,,. ,,,,,neri y Ihe :11 t i tillitries. 1-11,•e \Val,..,-A:1111 C•., 11 1 1:y Lille. the Thar:,I;:h ■ •e y: .t ;nu

.!Ii' :',I1"'"1" I 'Exir 11 'ir' 11 "" 1 ... S '-'"'" I i I in th.o Ton...,,i.,-.bec: Cr River 11.Vii_toridivtl 'Jr•I 1 itr.:: : :.atl for lilt poi 2 ral rot rim:ay , , , ,ii,,,,,,,,„,, 1,...,, t a ,,,,_,..i . ; ,„..i. plot t.,,,,,,,,, f „, 11 .Crerontion, ' ,eater con- I mould — i15 - 'theof fit IC - of the - • Channe,y , 1.• o1, water u1111xatirtn, nitric:1110f ritl de• 1 nt , ..ii: tr: of Corinth. MCO 111 County at . L.'t Hon, oat, ecclitonitc yk. mi,,,,0,...„. t. .p .p. Industrial Anti JA -LIVIInC011teilt• Ittlili drvelonnient, and for 1 .......7— i :.

.,k,1 .11

mi l, •;,.., ill, 1,,,,,i,.. ii ,• 2 „,„., 1 1^-i'; 1 „ r the, iii{iiiiri•L•11 c•Ievliir,., of 1•11111 eliiiiliy 1:11 fil,s1 Ivith Cher linitril .;1' .1. Iiii,e1. i:torA '...".1.} dupe fermi I :lie ii ill.m !wnnty-....c ,',,.., ...0 ill.,:, rir,l, 1•111111,11III•iii of 11,1,::

rii .„.,,,,,i_. 1. ,,, ;,.,•,.,

1 io n of 0,1.1.14 0111,1 the Ili.•1 rim, ; lin ,„.., 01. .i...„ 0 ,,, o . ., ,,,,,, ,,,t A1 ,.., , ,,,,, c.,1 „ .

Cht,.. • , ii.

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J',,. 10 1,...i. v. ' ei•i4I

l Cr. , ” i• - • 1 , 1 1 ot: sto* .11 0 hereltY lia 1, 01 1 the= Itivvr 'Valley II•to Trettltir bre ....1 i t• •,, 1 •• ..1 I. , S'n..iihifen11,11. ili•tl ritit within the rott-I.ieli.te IIIver Witi,o• ,,licil A re, r at'd iii

, i 4 . 4 . 111, r, ,.,)

'4.1;11 ...aid Rotted (1'2 Itt• titier, ii: far.:! Simvy,j, ,,I . E1 within CI, 1 1A rill:-nor R.'111 (1,>,..ys [fon, 1.:111.7 t1a to of ttn• cirri! int Hieation.. t bir, 111 , iirri will i.1.1111, an 1i11 1 ,71.ii). 7/ 110

PrOIIIIIIIA IIIS

rind n ;, , ,, -,0,•,.

I IIII' l

‘II I III-I rIl Iii

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.nn

1. Ill II (III" ...

,, , ,,,,,,,,t ,,,,,

to vol... Ior of titt,,,1+' I'm, rmp:. at1 fin Ile: IT 11.-IIIITIZ ET: Tfc1.1S01, 11/11.:1), fire. 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. tilt aiv " 1. " ''''''''''" 1.'" I 'f°1 ' 11 ' 4' 1.11e1c P.,''`,i";,.' ,•, I.}... 1 riori1111 .' S ..111,1 Aron. 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. and '..'n,' le , ', "lar.' I-+ ?:;err'. 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) flippied of said Dist rict. n i ill in (-: 11 " 01 1.1 "C A 111 1 11.1 )• 1 ' 1' 11 ' 14 ;t he event , Intl f.11,1eir.1 crersmi. ! "• " "re ineintle3 Ihrd.wh m The roregainti •i ,•,.1111,11111 WILI, Ittl) •.,I 1.1n", I and it in nor further desire and in lel., ore or ii.1 'tour SIIIIrryi• 1 11 11 01. River or toot 1)1 1 Iron: !)1'i err Mr. .1. „,, ,„I by C, nr 1 1 ,-6( lira. And ;ironelivible tinder „it; ,cr t I li , N.. -1 - ‘,., -,,,,i .1111V •ii, •• ■ ••1111,11 pli•-tricl. „•Ii•hi, I ,1•Nitid NInilat, 1 ■ ".' Itdr. 111tt1-1... itiititi„...111tio of t.iiirtorviAors eta i li.b. itt. 'I rotoe lilt Ill, 1 . 0 ,11117iit III, I.Hit r. No. 1)i t,•i•i Irea Rive: V.111,-,.. W.,.; el. M.1 .....c.re- .1. (1, 111.1• -,.... : t '.1 W. lItli , ..: Sully -I• I if. iilIll rt.ty ...Will,: ,.. '.i.'Ifott 11. A ion—. i,,• ri1'1 of ,d Ihrrrl„ri.,11(1e,1 vi,11.i111-1• liar III,llIlm,I), III.I.•II I. and I, 1.."1..1 ych.," bier I-A .1(11111i hene.1'n., for of Ihe, List riri Di.-1..1.101, wilh ,S Li, 1:',..h (10 y on v's1-, Cir•Ic 11 .1,1 liy virlua of the tt Ami tror And tin, AA pn,vhled lipO/10.h ir..);:: ,,. 1, eheaur.,,,, • Pill 1711 f. 1111: tn. 17111 and Ilreise Bill No. H'initte f=ill Ni,, B5. alt-to- he entitled I.:, of the Iti • VIIII1r C. 1e. 1 ,1 D1.11.11 Extraordinary rvlitin two ic2) mills of state Oil vr• and the Second

€

,vithin lire area cont..,

ittrein ton

Set-t.lon of 1962,

All FlIRTICEII. 1 10E,::•1 1 Y - INEV/,

h1 t 'ir'e-

dire

onn

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

Co'.' 11

by the Coe-t-ts of Engineers., that Pun0.101••C moult AViiii111.1)10

tire'

noiv

11E, ITris

P ESID

1111 1:1011 and 11. 011.CCICO by 11 ho(1 .,, ill, 1 1111.j.11.11

IN"r

coup;-i1';

that harticipal.in,:f county

tunid .DiAtrict.

1V. PIIRTII 1,14I RE:It-ITN -ED, that re.aolution bu publisbed for three CLrdi'iR contieentIvr, weelts in t'hu Daily

: J •

EXHIBIT 4 — 1

1 , :h.

11,

'41S

•••:

ar`

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 Tupcio, :nosinsippi Dcar

Po-md:

x.„7 77 ac=owle 1965, as follows:

-•

r‘.cuiry..dated 7ebruary12,

., 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 l- o 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 of the aec;ular Session of 1964, ,-)ec_L,on 4. -, and deeds o she boards of su -Darvisors O the counaies of Alcorn., Lae Lswndes, l:onroe, Pontotoc, Pren4-- -7 . 0 end ',2ishoLainso ....a reard to becot;in3 partiei .)atin ,, cour.tIcs.ia tho To: , bibee ..wive Valley Watsr-lanaL;emont District, under autho -E.ity of C n . aDtcr 224, Laws of 196 7 .: as amcnciod, cad. all of the oublic.acts' and deeds of the of directors sa -ld d -ls=iat, are ne_eoy 'a?provee _confir .zed, i/

.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 Wat er Management Distriot and is familiar with the stat tory procedures and, the acts and deeds of the Boards of Supervisors of the several counties that are recuired to be participoting countcs of the District and have examined the Districts minutes' 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 that A/corn County is as m u ch a part of your District as -any other counties, . a l t *u certain phases of the statutes vary with count-es which are partially in the Tombbee River .Watershed Area'

Withkizdest personal rezards'I remain YO L

A ttorney Genera..

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

c/o Bank of m-o-lo_ TuDcao

EXHIBIT 5 -

DEPARTMENT OF THE ARMY YOBILE OSTRiCT. CORPS OF ENOINEERS P.O. BOX 2.288 MOBILE, ALA3AMA 35501

":„.‘

d •

,,e .;;;;P .

A rprp :14 1

•

IN FiPTLY REFZR TO

SAMZN-Pp

9 July 1969

• .

Mr. Thompson Pound ecutive Director Tombigbee River Valley Water ,Management District P. O. -.2,o:•: 915 Tupelo, Mississippi 38801

' 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 with those prepared for our other reports, indicate in a general manner the 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 he topography del ineated which were prepared later indicate that

Tombigbee basin e 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 be to 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 unty enters' fne Tombigbee River lcorn basin.

EXHIBIT 6 - 1

ATTAC:ii,12.NT NO. 4 V IC.r.:ENT 0

CIE

I. 1:: A 'I-a)

,:;USTIC12: N

OEN

JACKSON 30203 C.i.:NCHAL

G OANLANO

ON • •

dune 3, 1963

ST ASSISTANT

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 pending in the House of Representatives before the current 1963 Regular Session of the Mississippi Legislature, said bill having as its purpose to remove Alcorn County from the Tombigbee River Valley Water Management District, as well as to relieve - Alcorn County from the payment of any obligations that may have been incurred by said County by virtue of being a member of said District. In your letter of May 4 you further request an opinion as to the 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 pertaining to the duties of their respective. offices, and said section

PAGE -2AYI.A.0â&#x20AC;˘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 â&#x20AC;˘ "no otherSY.

Therefore, 1 am sure you can appreciate the position in which this office finds itself when an opinion is, requested on the constitutionality of an act pending before the Legislature by an official other than the Legislature or the committee before which the bill is pending. It has been the policy of the Attorney General's Office for many years prior to the time the writer became Attorney General and during the time the writer has been Attorney General to be very reluctant to render an opinion' to the effect that a bill pending in the Legislature is violative of the Constitution, even to the Legislature or a committee thereof. The reason for this is, first, the Legislature is not bound in any way whatsoever by an opinion from this office in the consideration of a bill pending before it and, second, our , State.Supreme Court has held many times that it is presumed that the Legislature takes into consideration the constitutionality of an act at the time of its passage. Our Supreme Court, in construing the constitutionality of acts of the Legislature, has invariably held that it is reluctant to d'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- â&#x20AC;˘ cora County being one of those counties.

EXHIBIT 7 - 2

PAGE -3A.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 â&#x20AC;˘ district created pursuant to the act authorizing the same, and as such â&#x20AC;˘ .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..' Very truly yours,

JTP/hs

. Patt&son orney General

EXHIBIT 7 - 3

A RESOLUTION OF THE BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, FURTHER IMPLEMENTING HOUSE BILL NO. 179, LAWS OF MISSISSIPPI, 1962, REGULAR SESSION, AS AMENDED BY HOUSE BILL NO. 55, LAWS OF MISSISSIPPI, 1962, SECOND EXTRAORDINARY SESSION, REGARDING THE CREATION OF THE TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY LEVYING AN AD VALOREM TAX OF ONE-HALF MILL ON ALL TAXABLE PROPERTY IN ALCORN COUNTY UNDER THE TERMS AND CONDITIONS OF SAID LAWS AND THE PRIOR RESOLUTION OF THIS BOARD ON JUNE <0 1969.

WHEREAS, on the

—

day of June, 1969, the Board of

Supervisors of Alcorn County, Mississippi, in regular session,

considered and adopted that certain Resolution styled "RESOLUTION DECLARING INTENTION OF BOARD OF SUPERVISORS TO LEVY ONE-HALF MILL TAX TO PROVIDE ADDITIONAL FUNDS FOR THE PLANNING, UNDERTAKING, COMPLETION AND MAINTENANCE OF SPECIAL WORKS AND CONSTRUCTION PROJECTS THAT WILL BENEFIT THE AREA

ALCORN COUNTY, MISSISSIPPI", which

Resolution appears of record in Book

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 •--ht,t4k

23,

Mb 1

and

J64444

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 onehalf mill by this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Alcorn County, Mississippi, that the Board, acting on what it deems to be the best interest of the citizens of this county for the purposes of conservation, recreation, water control, water utilization, agriculture and economic ddvelopment and related purposes, does hereby order that the aforesaid levy of one-half mill ad valorem tax on all property in Alcorn County be and the same hereby is made, .pursuant to said Statutes and the proceedings of this Board, within the time and manner provided by law. The funds derived from the aforesaid levy shall be delivered to the depository ofthe Tombigbee River Valley Water Management District pursuant to the provisions of Section 8 of House Bill No. 55 of the Second Extraordinary Session, Mississippi Legislature, 1962. IT IS FURTHER ORDERED that the Clerk of the Board submit a certified copy of this Resolution to the Secretary of the Tombigbee River Valley Water Management District.

The foregoing Resolution having been first introduced by Mr.

',/,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.417,1 /,1

, and upon a roll call vote, those

voting "Yes" were:

6- /9-7e/v

SCO /OA/ ,7

Di/

C Ado ds

Those voting "No" were:

7: /9. /49e

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

day of

August, 1969.

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

.... , o JR , Clerk of the Chcinc.ery Court in c... C.: r ,r1 ;3 j in f. ..., ;.,:.. f;,•;-., , ',hot tl,.: afercsoid, do her:2.by cr.rtif :, •-.... ,::...., - -0, cr.,. fl.....ily ate. •c.i.2.1v;p1. -r.. 2

1, W 0. POTTS,

and County sold in,,trui correct copy of the original of

the same

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TAX COLLECTIONS FROM TRVWMD MEMBER COUNTIES

AS OF JUNE 30, 1973

COUNTY ALCORN

FISCAL YEAR

1/2 MILL

2 MILLS

TOTAL TAX

RECEIVED

LOCAL TAX

STATE TAX

RECEIVED

Prior to July 1, 1965

24,960.22

1966

50.00

26,443.80

26,493.80

1967

50.00

28,151.22

28,201.22

1968

50.00

29,569.90

29,619.90

1969

50.00

32,666.79

32 716.79

1970

50.00

33,596.16

33,646.16

1971

21,663.98

34,005.13

55,669.11

1972

8,487.82

42,665.92

51,153.74

40,253.00

$ 292,312.14

$ 322,713.94

1973

30,401.80

CHICKASAW

24,960.22

Prior to July 1,'1965

MED

IN*

1966

=IP

1967

rld•

1968

.1■••

5,390.20

1970

5,861.57

17,432.06

23,293.63

1971

5,990.24

17,918.08

23,908.32

1972

6,326.66

21,375.55

27,702.21

1973

7,783.01

22,380.06

30,163.07

94,764.40

$ 126,116.08

31,351.68

EXHIBIT 10 -1-

15,658.65

1969

21,048.85

TAX ODLLECTIONS FROM TRVWD MEMBER COUNTIES AS OF JUNE 30, 1973

COUNTY CLAY

FISCAL YEAR RECEIVED

1/2 MILL LOCAL TAX

TOTAL TAX RECEIVED

Prior to July 1, 1965

5,977.04

$ 18,374.71

$ 24,351.75

1966

6,601.87

19,601.77

26,203.64

1967

6,923.16

20,951.62

27,874.78

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

ITAWAMBA

2 MILLS STATE TAX

Prior to July 1, 1965

3,512.05 '$

9,842.63

13,354.68

1966

4,011.70

11,517.44

15,529.14

1967

4,788.95

12,878.15

17,667.10

1968

4,779.29 -,

13,686.54

18,465.83

1969

5,-547.49

15,578.99

21,126.48

1970

5,620.78

15,746.03

21,366.81

1971

5,760.45

16,019.18

21,779.63

1972

5,886.73

16,104.71

21,991.44

1973

6,540.18

18,708.04

25,248.22

46,447.62

$ 130,081.71

$ 176,529.33

EXHIBIT 10 -2-

TAX 6c)LLECTIONS FROM TRVWMD MEML_R COUNTIES AS OF JUNE 30 L 1973

COUNTY

FISCAL YEAR RECEIVED

KEMPER

Prior to July 1, 1965

LEE

1/2 MILL LOCAL TAX

3 858.86

2 MILLS STATE TAX

TOTAL TAX RECEIVED

11,442.89

15,301.75

13,025.57

17,412.48

1966

4,386.91

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 July 1, 1965

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 AS OF JUNE 30, 1973 • COUNTY

FISCAL YEAR RECEIVED

LOWNDES

Prior to July 1, 1965

MONROE

1/2 MILL LOCAL TAX

12,094.71

2 MILLS STATE TAX

50,216.69

TOTAL TAX RECEIVED

62,311.40

1966

18,385.14

.53,691.62

72,076.76

1967

19,417.90

60,587.47

80,005.37

1968

20,060.42

64,065.51

84,125.93

1969

21,525.27

69,695.98

91,221.25

1970

22,185.96

70,942.46

93,128.42

1971

23,036.14

74,545.56

97,581.70

1972

13,489.26

93.908.93

107,398.19

1973

13,077.69

99,231.44

112,309.13

163,272.49

$ 636,885.66

$ 800,158.15

11,308.54

Prior to July 1, 1965

33,308.54

44,617.08

1966

10,819.39

35,608.89

46,428.28

1967

11,899.81

39,129.63

51,029.44

1968

12,130.0(

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

COUNTY

FISCAL YEAR RECEIVED

NOXUBEE

Prior to July 1, 1965 1966

1/2 MILL

2 MILLS

TOTAL TAX

LOCAL TAX

STATE TAX

RECEIVED

1968

1969

=PI

1967

1970

PONTOTOC

6,622.77

20,272.49

26,895.26

1971

6,784.46

20,896.06

27,680.52

1972

7,274.66

22,028.59

29,303.25

1973

7,624.11

24,108.10

31,732.21 $ 115,611.24

$ 28,306.00

87,305.24

Prior to July 1, 1965

2,079.53

9,659.16

1966

2,321.56

10,764.83

13,086.39

1967

4,366.92

11,509.75

15,876.67

1968

4,722.70

12,401.89

17,124.59

1969

5,350.15

14,211.46

19,561.61

1970

5,702.65

15,024.40

20,727.05

1971

6,340.56

15,948.32

22,288.88

1972

6,179.70

16,618.87

22,798.57

1973

6,616.50

18,368.23

24,984.73

$ 43,680.27

$ 124,506.91

$ 168,187.18

EXHIBIT 10 -5-

11,738.69

TAX COLLECTIONS FROM TRVWMD MEMBER COUNTIES

AS OF JUNE 30, 1973

COUNTY

FISCAL YEAR RECEIVED

PRENTISS

Prior to July 1, 1965

TISHOMINGO

1/2 MILL LOCAL TAX

1,640.82

2 MILLS STATE TAX

9,635.52

TOTAL TAX RECEIVED

11,276.34

1966

2,323.45

10,418.16

12,741.61

1967

2,414.68

11,456.16

13,870.84

1968

2,588.81

12,329.47

14,918.28

1969

3,051.88

14,930.67

17,982.55

1970

5,762.57

15,107.72

20,870.29

1971

5,937.24

15,895.82

21,833.06

1972

6,264.09

17,275.17

23,539.26

1973

6,561.02

18,142.15

24,703.17

36,544.56

$ 125,190.84

$ 161,735.40

3,512.62

8,832.68

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

Prior to July 1, 1965

EXHIBIT 10 -6-

12,345.30

EXHIBIT 11 -- 1

•

,. • • ,

(2,

rTi

0 :1,

•

ATTACHMENT NO. 19

P20 7_UTTOY 0 7 TT-T7 77mATID (1:71 2=VT5.; 0? AT,COR 7,5 ISS73 5.17 ?? 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 gl U q0U TP, 7,7777Z ON CL72,..7, q077 7H 72 7 ASm, DAN SITE, NO U. 8S.-7- HT.P,H1:1Av 1; 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 , ..., ....,,,-.1ct ,,.2C. o-,,os-oty con 1::ana-renont - 5,d -,-in-, ; c s y aWato. . .n o.ct of :Ta,:ure , the p ro position of sLocal ooncor'n,z a nult-7.0 Floo:1 T:- ovent'on and '2 nar')oce ecreon-=)1 Pevrao -)nnn' 1- -',],--,220-dr11.)1;j1Rivol,w,-,,,,501-,J1:,0,,r1 ,-4t c /7 0 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 ,,, _L.,4 4, pu„:n-nf, nt 1::atcr - ..(:,,J. )1C0 ').cr ,-s .'n. f lood pool 200 ac,res dry rocreationnl a-oa foI , tolnor^ry 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. ,

-..

-..,

-2

21H7RZAS, tho Board of Survicors of Ileorn Co unty , !, issiscippi is it norected in this devolonent to p and better recreat ional facilities for this area, -r, ovide =re :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 in .A.lcorn County, 1 1.1.ss ' ssip2„ i south of U, S.8, Yon Clear Creek, -7 L:hway No, 72 East, and uro tho D' - ectors t',]e m onbi2:boe 7-1 vor Water :rlanaler:ont D -7 Va"Py toNature, consider sponsorin7 this Devc;lopnen5 ac a Project ofstr:Ict a Local -

•

i it

Adopted at tha re2ular July, 196% term of the Board of Super , lisors Of Alcorn County., Mississippi, on this of July, , 19690 the 8th d ay • •

1.7, 0

EXHIBIT 12 — 1

7 "r"

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 PREVENTION AND RECREATIONAL DEVELOPMENT LOCATED IN THE TUSCUMBIA RIVER WATERSHED ON CLEAR CREEK SOUTH OF U. S. HIGHWAY NO. 72 EAST, DAM SITE NO. 8 IN ALCORN COUNTY. WHEREAS, it has been brought to our attention that the Directors of the Tombigbee River Valley Water Management District are presently considering, as a Project of a Local Nature, the proposition of sponsoring a multiple purpose Flood Prevention and Recreational Development, in the Tuscumbia River Watershed, Dam Site No. 8, on Clear Creek, in Alcorn County, Mississippi, south of U. S. Highway No. 72, East, 1200 acres in the development, consisting of approximately 600 acres in permanent water, 400 acres in a temporary flood pool, 200 acres dry recreational area for picnics, camping and etc., to be used as public recreation for citizens of Corinth, Alcorn County, and surrounding area.

WHEREAS, the Board of Supervisors of Alcorn County, Mississippi is interested in this development to provide more and better recreational facilities for this area. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Alcorn County, Mississippi does hereby go on record endorsing. the proposed Flood Prevention and Recreational Development in the Tuscumbia River Watershed, Dam Site No. 8, on Clear Creek, in Alcorn County, Mississippi, south of U. S. Highway No. 72 East, and urge the Directors of the Tombigbee River Valley Water Management District to consider sponsoring this Development as a Project of a Local Nature. Ado7)ted at the regular July, 1969, term of the Board of Supervisors of Alcorn. County, Mississippi, on this the 8th day of July, 1969."â&#x20AC;˘ ATTEST:

5/ S. D. Avers PRESIDENT

S/ W. O. Potts, Jr CHANCERY CLERK

(SEAL) EXHIBIT 13

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 . makeAlcornCutyaflprictngCouyfsaidDtrc;n 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 condition that the Board of Supervisors of Alcorn County proceed forthwith to levy an ad valorem tax of one-half mill on all taxable EXHIBIT 13 - 2

property in said county and to 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 Allen

, which motion was duly seconded by Mr.

Paul

Upon the question being put to a â&#x20AC;˘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.

B. H. POWLMES, PRESIDENT

ATTEST:

r â&#x20AC;˘

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, operation and support of a state port or harbor project on Yellow Creek, all in accordance with House Bill 503 of the Regular 1968 Session of the Mississippi Legislature, hereinafter called "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 contemplated by said Act and deficits which might occur in the operation of the port as required by said Act, and each of said counties has on the contrary, adopted a Resolution specifically authorizing and requesting the District to act as an authorized agency within the meaning of said Act and to enter into a contract with the Board to underwrite any deficits incurred from the operation of the port, obligations incurred by the Board for the port authority, or obligations in connection with any bonds issued pursuant to said Act. Certified copies of the Resolution of the Board of Supervisors of Tishomingo, Alcorn, Prentiss and Itawamba Counties are annexed hereto marked Exhibits A, B, C and D, respectively. 3)

The District has adequate fund and resources

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

-2-

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

That the Board refer this matter to the Com-

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

that the Board will then negotiate

Exhibit 14 - 3

, , â&#x20AC;˘

-31, ,,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 aforesaid plan. 4) That the Board modify the proposed plan and impose such terms or conditions as it deems necessary to protect the interest of the State and that the plan as finally agreed upon, be reduced to writing in contract form, approved by the Commission of Budgeting and Accounting and executed by District and Board and submitted to TVA for approval and execution. 5) That the Board take such other further and additional action as may be necessary or appropriate to reduce to writing and obtain the approval of the aforesaid plan of development, and agreement in connection therewith among the parties and to do all other things necessary and proper under the provisions of the aforesaid Act to acquire, establish, develop and operate a state owned port or harbor on Yellow Creek in Tishomingo County as aforesaid under the provisions of the said Act and in accordance with the plan and agreement as finally agreed upon by the parties.

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

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 STATEOWNED INLAND PORT ON YELLOW CREEK IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAID DISTRICT IN CONNECTION THEREWITH.

WHEREAS, House Bill 503 as 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

agency to contract for the acquisition, development and operation of a state-owned port on Yellow Creek in Tishomingo County, Mississippi. NOW, THEREFORE, -

BE IT RESOLVED by the Board of Super-

visors in Regular Session assembled as follows: Section 1. That the Board of supervisors, acting for and on behalf of said County, has and does now decline to levy the tax of two (2) mills authorized by'the Act, and to join with other of said Counties to contract with other governmental agencies for the acquisition, development and operation of said state-owned inland port on yellow Creek. Section 2. That the Board of Supervisors, acting for and on behalf of said County, has and does now join with other . . of said Counties in requesting the Tombigbee River Valley Water Management District to act as the authorized agency under the Act, and to contract with the necessary governmental agencies for the acquisition, development and operation of said stateowned inland port on Yellow Creek.

Section '3.

That the President and Clerk of this Board

be and they hereby are authorized and directed to execute for and on behalf of said County, a Contract by said Counties as Parties of the First Part and the Tombigbee River Valley Water Management District as Party of the Second Part, which Contract

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

Exhibit 14 -

DISTRICT, an agency of the State of Mississippi, hereinafter referred to as "District", Party of the Second Part, WITNESSETH: WHEREAS, the parties hereto desire to co-operate with the Tennessee valley Authority and the State of Mississippi, acting through the Mississippi Agricultural and Industrial Board, in the acquisition, development and operation of a stateowned inland port on yellow creek in Tishomingo County pursuant to the 'provisions of House Bill 503 as enacted by the Regular 1968 Session of the Mississippiâ&#x20AC;˘Legislature (hereinafter referred to as "Act"); and WHEREAS, Counties and each of them have declined to levy a tax of two (2) mills and have adopted Resolutions declining to enter into a contract for the acquisition, development and operation of the proposed state-owned inland port under the

provisions of.Section 6 of the Act, but Counties and each of them have requested District to act as the authorized agency under the Act and to enter into a Contract with the Tennessee Valley Authority and the Mississippi Agricultural and Industrial Board for the acquisition, development and operation of said state-owned inland port pursuant to the provisions of said Act, underwriting the 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 ,//' 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 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 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 President

ATTEST: 0

Clerk ITAWAMBA COUNTY, MISSISSIPPI BY President

ATTEST:

Clerk PRENTISS COUNTY, MISSISSIPPI

BY ATTEST:

President

Clerk TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY ATTEST:

President

Secretary

Exhibit 14 - 9

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

Supervisor

the adoption of

the foregoing Resolution, which motion was seconded by Supervisor , and the same having been put to a roll call vote, section by section, and as a whole, the result was 1 as follows: voted aye.

Supervisor Supervisor Supervisor Supervisor Supervisor

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

the

4.5.A

day of November,

1968.

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--61 4--- 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 STATEOWNED INLAND PORT ON YELLOW CREEK IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAID DISTRICT IN CONNECTION THEREWITH.'

WHEREAS, House Bill 503 as enacted by the Regular

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

Exhibit 14 - 11

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

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 stateowned inland port on Yellow Creek in Tishomingo County pursuant to the provisions of House Bill 503 as enacted by the Regular 1968 Session of the Mississippi - Legislature (hereinafter referred to as "Act"); and WHEREAS, Counties and each of them have declined to levy a tax of two (2) mills and have adopted Resolutions declining to enter into a contract for the acquisition, development and operation of the proposed state-owned inland port under the provisions of Section 6 of the Act, but Counties and each of them have requested District to act as the authorized agency under the Act and to enter into a Contract with the Tennessee Valley Authority and the Mississippi Agricultural and Industrial Board for the acquisition, development and operation of said state-owned inland port pursuant to the provisions of said Act, underwriting the operation of the Port and obligations incurred by said Board; and

WHEREAS, . District is willing to enter into the aforesaid Contract at the request of Counties and to undertake therein the obligations required by the Act, subject to the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the premises, the . Parties agree as follows: 1)

Counties agree that in making the appointments to

the Inland State Port Authority pursuant to the provisions of the aforesaid Act, each County will appoint as its member to said Port Authority, initially and whenever a vacancy occurs, so long as District is underwriting the operational expenses and bonds of said Port, a person who is also a member of the Board of Directors of the Tombigbee River Valley Water Management District. 2) Counties will construct or with the aid of the Mississ,ippi Highway Department cause to be constructed, the necessary access roads to the proposed Port site and access roads to the industrial land to be acquired in connection therewith. Each County will bear the expense of such roads located within its boundaries provided, however, no County shall be required to expend from its own 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 President

ATTEST;

Clerk ITAWAMBA COUNTY, MISSISSIPPI

BY President

ATTEST;

Clerk PRENTISS COUNTY, MISSISSIPPI

BY President

ATTEST:

Clerk â&#x20AC;˘ TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

BY President

ATTEST:

Secretary

Exhibit 14 - 15

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

moved the adoption of

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

, and the same having been put to a roll

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

H. 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 O. POTTS, JR., Clerk of the Chan-.7ery Court in and for the State W. and County aforesaid, do hereby certify that the for.*ng is a true and correct copy of the original of said instrument, as the some appears of record in my office.

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

fully and completely as 19_0 Chancery Cleric,

,997c2 6elL.

Exhibit

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 STATEOWNED INLAND PORT ON YELLOW CREEK IN TISHOMINGO COUNTY, AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SAID DISTRICT IN CONNECTION THEREWITH.

WHEREAS, House Bill 503 as enacted by the Regular 1968 Session of the Mississippi Legislature (hereinafter called the "Act") provides for the acquisition, development and operation of state-owned inland ports within the State of Mississippi, all as set out by the provisions of said Act; and WHEREAS, this County under the terms of said Act is empowered to co-operate and contract with other Counties and agencies for the acquisition, development and operation of a state-owned inland port on Yellow Creek in Tishomingo County,' Mississippi; and WHEREAS, neither 'Tishomingo County, where said Port is located, nor the_adjoining Counties of Alcorn, Itawamba 'and , Prentiss has levied the two (2) mill tax provided by said Act and neither of said Counties has entered into any contract with any governmental agency as provided in said Act, but on the contrary, each and all of said Counties have declined to levy said tax and to enter into a Contract as the authorized 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 tâ&#x20AC;˘act as the'authorized

EXHIBIT "C -!J. A Exhibit 14 - 17

442

agency to contract for the acquisition, development and operation 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 stateowned 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 Contractâ&#x20AC;˘ shall be in substantially the following form,'to-wit:

Exhibit 14 - 18

,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 operation of the port and obligations incurred by said Board; and

Exhibit 14 - 19

WHEREAS, District is willing to enter into the aforesaid Contract at the request of Counties and to undertake therein, the obligations required by the Act, subject to the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the premises, the Parties agree as follows: A. â&#x20AC;˘

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

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 aÂąe.not \ required at the Port, they will be employed elsewhere by Ihshomingo Coullty.

Bhiloit 14 - 20

Salary and expenses

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.

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. TISHOMINGO COUNTY, MISSISSIPPI BY President •

.10 /4 4,

ATTEST:

ALCORN COUNTY, MISSISSIPPI BY President

Clerk ITAWAMBA COUNTY, MISSISSIPPI BY

Clerk PRENTISS COUNTY, MISSISSIPPI' BY President

ATTEST:.4 , r,„

i@vk' rcr TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT BY ATTEST: Secretary

Exhibit 14 - 21

> 1-., .

1,, 1,1fi ■ 11-WR

•

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 • 1968.

day of November,

•

1;7 •

tit 4.*,"!

•

••

•t

C •I rt

)

•

STATE OF MISSISSIPPI COUNTY OF PRENTISS I, GENE GRAY, Chancery Clerk for said state ' and county do hereby certify that the foregoing is a true and correct copy of same as it appears of record in this office. day of wen under my hand and seal of office, this the

Chancery Clerk

•

Exhibit 14 - 22

RESOLUTION OF THE BOARD OF SUPERVISORS OF ITAWAMBA COUNTY, MISSISSIPPI, REQUESTING THE TOMBIGBEE RIVER. VALLEY WATER MANAGEMENT DISTRICT TO ACT AS THE ' AUTHORIZED AGENCY UNDER THE PROVISIONS OF HOUSE BILL 503 AS ENACTED BY THE REGULAR 1968 SESSION OF • THE MISSISSIPPI LEGISLATURE TO CONTRACT FOR THE ACQUISITION, DEVELOPMENT AND OPERATION OF A STATE-. 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 •

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

y ,.

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 • ; said port; and WHEREAS, each of said Counties, acting by and through its Board of Supervisors, has agreed to request the Tombigbee . River Valley Water Management Di l trict to act as the'authorized

EXHIBIT "I)" Exhibit 14 - 22

agency to contradt:for the acquisition, development and operaY.

ti6n of a state-owned port on Yellow . â&#x20AC;˘ Creek in Tishomingo County, NOW, TMEREFORE,TBE XT RESOLVED by the Board of Supervisors. 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 â&#x20AC;˘ and on behalf of r said County, a Contract by said Counties as 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

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 operaI

tion of the Port And Obligations incurredby said Board; and

Exhibit 14 - 25

WHEREAS, Dintrictis willing , to en er into the aforesaid Contract at the request of Counties and to undertake therein. the obligations, required by the Act,

subject to the terms and

conditions of this Contract. NOW THEREFORE, in consideration of the premises, the Parties agree an follows, 0-,

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 tan째 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

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

TISHOMINGO COUNTY, MISSISSIPPI BY President

ALCORN COUNTY .MISSISSIPPI if

ATTEST!'

President

Clerk ITAWAMBA COUNTY, MISSISSIPPI

PRENTISti COUNTY',' 14ISSISSIPP IX 1

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT;DISTRICT

President

Secretary

Exhibit 14 -- 27

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.

and the same having been put to a roll

call vote, section by section, and Ap

whole, the result was

Ap f011 ichWAI

supervisor Supervisor Supervisor Supervisor Supervisor

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

voted voted voted voted ' voted

aye, aye aye aye aye

Whereupon the President declared the motion carried and the Resolution adopted this, thole 1,9 6

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 -46-4 in Z2 Given u c l er y hand and seal t i the 19P day o

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 (hereinafter called "State"), acting by and through its duly authorized agency, the MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD (hereinafter called "Board") (which term shall include any agency or organization hereinafter succeeding to the .powers and duties of Board), and TOMBIGBEE RIVER VALLEY WATER MANAG

'us

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

after called "District"), and the TENNESSEE VALLEY AUTHORITY, an agent and instrumentality of the United States (hereinafter called "TVA"); 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, acquisition, financing, construction, and operation of such an inland port and industrial development area on Yellow Creek in Tishomingo County, Mississippi (hereinafter sometimes referred to as the "Port Project"); NOW , THEREFORE,.in consideration of the premises and the

covenants hereinafter set forth, the parties hereto agree as follows:

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 â&#x20AC;&#x201D; 30

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

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

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 embaymeat of PiCkwick Reservoir, together with facilities for handling and warehousing general cargo. That portion of the project to be built on TVA's land is hereinafter sometimes referred to as "terminal."

Access to the

terminal will be provided by a railroad spur connecting with the Southern Railway'main line and by highways connecting with State Route 25. As part of the Port Project; 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 . byBoard12-milengraodspucnetig the terminal with the Southern Railway main line, as shown in green on Exhibit B. B. 'Board will: â&#x20AC;˘ (1) Through issuance of negotiable bonds of the State of Mississippi or other financing methods, provide funds in the amount of $1.5 million to be used for purchase

of the railroad right-of-way and approximately 2,000 acres or more of land at the port and along the railroad for industrial development. These property interests will be acquired in accordance with the following priority: (a) the railroad right-of-way; (b) the lands marked in green on Exhibit C attached hereto; and'( c) if, after purchase of the aforesaid property, there is available remaining funds, such remainder shall be used for the purchase of additional industrial land from among the tracts marked in red on Exhibit C until the sum of $1.5 million has been expended (2) Convey by deeds in form satisfactory to TVA a perpetual easement and right-of-way for railroad

5 Exhibit 14 - 33

purposes to the United States of America for the railroad to be constructed by TVA. (3) Be responsible for outfitting the terminal and providing all equipment needed in its operation, either directly or through other state or local agencies. (4) Provide for all necessary access roads to the terminal and to industrial sites as they are developed for use,in accordance with section 8021.8 of the Mississippi Code of 1942. C. District will: (1) Underwrite the operation of the Port Project and the sale of bonds as hereinafter. set forth. (2) Participate in the planning, promotion, and execution of the industrial development program. All obligations of TVA hereunder are contingent upon the availability of funds for this purpose. Promptly upon execution of this agreement, if it has not already done so, TVA will request appropriations from the Congress to carry out the work set forth in section II-A above. To the extent that funds may be available to Board and District for such purposes, Board will proceed

immediately with preliminary steps of property acquisition, including mapping,' surveying, title examination, and, '%There possible, the optioning of property interests to be acquired pursuant to section II-B above. Final

Exhibit 14 â&#x20AC;&#x201D; 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 â&#x20AC;&#x201D; 35

(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.

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 1â&#x20AC;˘ - 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. Inâ&#x20AC;˘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. Thereafter, to the extent that their services are used by Board or Port Authority, their salaries and expenses will be paid by Board. Additional employees and

Exhibit 14 - 37 9

777

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

Every effort will be made by the parties to avoid

unnecessary overheads in the operation of the port.

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 connection. TVA and District will work with the Yellow Creek Watershed Authority, the North Mississippi Industrial Development Association, and

other local groups interested in industrial development to promote the use of the terminal and the development of new and existing industries.

In this connection, the parties will agree upon a preliminary plan to guide in the development of the industrial sites along the railroad spur. In addition, TVA will prepare and make available detailed studies of various industrial groups with potential for the area.

Exhibit 14 - 38

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 unconditional guaranty of District to underwrite fully the operation of the port and/or obligations incurred by Board and the bonds to be issued by the State. 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'edâ&#x20AC;˘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

â&#x20AC;˘ the limits now provided by law or increased limits which may hereafter , provided, the proCeeds of. which shall be used solely for the purposes. be

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 â&#x20AC;˘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 four

(4)

annual installments beginning not more than

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

years from date thereof.

Exhibit 14 -- 41

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 exceeding $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 â&#x20AC;&#x201D; 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

(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

exce d the amount required for car ying.out Board's obligations hereunder, the surplus shall be paid into theâ&#x20AC;˘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 sufficient revenue to meet all costs of operation, maintenance, renewals, and replacement; to meet the obligations of the bonds issued for the project; to repay the federal investment in the project; and to take an active role in industrial development in the northeast Mississippi area. In order to

achieve these objectives, the parties have agreed upon the disposition of revenues from the Port Project as hereinafter set forth. The gross, receipts from the sale.Or lease of industrial lands, and all rents, fees, tolls, revenue, or other monies from any and all

16 Exhibit 14 -- 44

other sources. or charges whatsoever prescribed, levied, and collected for the use, occupancy, or sale of any part of the industrial development land or from the use or occupancy. of any part of the terminal facilitieS, together with all tariffs, fees, tolls, and charges resulting from the 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 ofâ&#x20AC;˘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

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

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

18 Exhibit 14 - 46

charges by TVA or the United States for the

use of the terminal or railroad facilities, equal annual installments on July 1 of each year which shall be sufficient in amount to amortize the TVA investment as hereinafter defined within t w enty-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 facilities, title to which shall be transferred to the United States, or in carrying out other approved

.area development projects.

Said annual payments

shall cease when the total. TVA - investment shall have been paid or credited in accordance with this 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 construction 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 completion of construction. In the event that Board shall elect to purchase the terminal, facilities and railroad from the United States, credit shall be given toward the purchase price for all cash repayments pursuant to this sub 7. section which are properly 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

• (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

(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

â&#x20AC;˘ 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 conditions giving rise to the breach are corrected or, in the event of default of payment to TVA, until sufficient funds are accumulated to discharge 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

notexcdhamunticlde hbugt.Saidemyband from time to time upon good cause shown therefor. The budget shall include adequate funds for the efficient operation of the Port Project and may provide for adequate reserves for operation, maintenance, replacement, construction, repairs, promotion, advertising, expansion and new facilities of the Port Project, and for unforeseen emergency expenditures, and such items as adopted and approved shall be considered as reasonable expenses of port operation and maintenance. Port Authority and Board shall keep general books of accounts relating to the Port Project according to standard accounting practices. Board, or its designated agent, will conduct an annual audit of the - 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 -,

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.

msuRAN cE 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

â&#x20AC;˘ and next by District from any funds available to it. They shall be General obligations of the State of Mississippi backed by the 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 otherwise 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; provided, however, that this provision does not prohibit political activity in connection

with:

Exhibit 14 â&#x20AC;&#x201D; 54

A. An election and the preceding campaign if none of the candidates is to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last 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 â&#x20AC;˘practices.-

27 Exhibit 14 - 55

n't

â&#x20AC;˘ 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 otherwise 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 Attest:

day of

, 1962.

MISSISSIPPI AGRICULTURAL AND

INDUSTRIAL BOARD By (

("Title)

Title)

Attest:

TENNESSEE VALLEY AUTHORITY By

Assistant Secretary Attest:

-(Titi-c;) TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT

(Title)

Exhibit 14- 56

(Title)

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, Mississippi, finds and determines the following:

(a) By a resolution adopted the 6th day of June, 1969, recorded in Minute Book 43 at pages 169-179, this Board declared its intention to levy a special tax in the amount of one-half 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 proceeded to levy such one-half mill tax at the same time that the regular tax levies were adopted on September 4, 1969, and each year thereafter through 1972. (c) All taxes collected pursuant to this levy have been paid 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 theâ&#x20AC;&#x201D;devz)1(

of the industrial properties now owed or hereafter to be acquired by the Port Authority in Alcorn and Tishomingo Counties, 'Assissippi, but before industrial development can begin in these areas, it is necessary to prepare, and secure the approval of the Environmental Protection Agency of adequate plans and specifications for the construction and operation of water control, supply and distribution systems and sewerage disposal systems. (e) In order to prepare and secure the approval of such plans, it will be necessary for the Port Authority to employ qualified experts, to drill various test wells, to perform various studies, and to do certain excavation in the vicinity of the Port and in the industrial development areas, the total cost of which is estimated to be approximately fifty thousand dollars. (f) This project is authorized by appropriate Missisaippi 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 finance this project; and although a portion of this project will be in, and relate to, Tishomingo County, Mississippi, the benefits which will accrue to Alcorn County, Mississippi are such that this Board is willing to request the Tombigbee 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

-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 disposal systems, including the hiring of qualified experts, the drilling of test wells, the performance of necessary studies, the excavation of certain lands in the vicinity of the Port terminal and in the industrial development areas, and other related and

necessary work to complete such plans and specifications, as a project of a local nature for Alcorn County, Mississippi. SECTION 2. The Clerk of this Board is authorized and di-

rected to send a certified copy of this Resolution to Roy C. Adams, Executive Director, Tombigbee River Valley Water Management

District, Tupelo, Mississippi, as evidence of this Board's approval of this project and as its formal request for funding this project. The foregoing Resolution was adopted by the unanimous vote of all members of the Board present on this April, 1973.

PRESIDENT

7XHIBIT 15 - 3

day of

CERTIFICATE

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

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 /

CLERK, -BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

EXHIBIT 15 - 4

Copy of Original: 0

7, 7 ,-, 77Trr?

3oulcvard Mobile, Alabama

MOBILE ATTACHMENT NO. 9

January 1963

Eniner 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 in. regard to House Bill No. 55, which was enacted into to 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 progress 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 correspondence may be directed, in order that we may submit a draft of a Resolution of Local Cooperation for adoption. As discussed with you, the first location at which construction of the Tennessee-Tombigbee Waterway will occur after funds are made available, will be Gainesville, Alabama. So far as we know, no ection has been t .r in Ala b ama 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 a â&#x20AC;˘ny 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 requirements, 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

31 JE-Inuary 1963 Glevr Wilins 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 interest Construct, maintain, and operate all highway bridges, and construct and maintain all highway relocations or alterations; make and maintain at their expense alterations as required in sewer, water supply and drainage facilities; assume the cost of operation and maintenance of utility crossings; and provide and maintain at their expense and as required suitable and adequate river and canal terminals in accordance with plans approved by the Secretary of the Army and the Chief of Engineers. WHEREAS, The Tombigbee River Valley Water Management District is vitally interested in the proposed work of improvement and desires to fully cooperate with the Federal Government in the project; NOW THEREFORE, BE IT RESOLVED that The Tombigbee River Valley Water Management Disctict hereby pledges its full cooperation in the project and grants this assurance that it will within the State of Mississippi; construct, maintain and operate all highway bridges, and construct and maintain all highway relocations or alterations (either by itself or by making satisfactory arrangements with agencies of the State or County to provide the required construction, maintenance 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 adequate river and canal terminals in accordance wit`, plans approved by the Secretary of the .Army and the Chief of Engineers. Adopted in Session this

day of (J.

March

, 1,962+.

C. Whitehead :Jr., President)

of Evel•n Ray Secretary Tombigbee River Valley Water IL.r.anagement 11::sctict, certify that the foregoing Resolution was duly passed as recited therein, that the foregoing 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 This exmeeting of the State Hirhway Commission March 10, 19:•/4.• 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 this association. - 7 -

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LILFARTMENT OF THE

ARMY

MtMPHIS OISTPUCT. CORPS Or ENGINEERS , â&#x20AC;˘ 050 FEDERAL BUILDING MEMPHIS. TENNES S EE: 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 Mr. Jim Smith, Member

5 February 1970

- toâ&#x20AC;˘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,

â&#x20AC;˘

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

EXHIBIT 19 - 2

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

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 control 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/ f. or '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 tributary 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

AT'.1:71CHnLIN:

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, easemeats, 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

c 9t?

. day

)

President, Tombigbee M-Ter Valley Water Management District"

off. ( From Minutes Quarterly Meeting, Autost. 23, 1963) EXHIBIT 20 -- 2

P. TTA CHMENT NO. II

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EXHIBIT 21 - 1

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0116.'1' Of (7.AItornou JACKSON, MISSISSIPPI ',JUL:00 A . F. Si;.\t'..sir.)? Ara)It'N EY EN El? A I.

August 29, 1973

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 undersigned for research and reply. In that letter you ask the following: 'What obligation or commitment does the Alcorn County Board of Supervisors have with the Tombigbee River Valley Water' Management District by virtue of its having become a member a few years ago, approximately 1963. "Would the Alcorn County Board of Supervisors be eligible to levy or to divert the two mills of the State Ad. Valorem tax which they have previously been diverting to the TRVWMD and designate these two mills for capital improvements in our school system, levying a matching one-half mill which the county presently is doing on the millage diverted to the Tombigbee River Valley Water Management District." Section 5956-134, Mississippi Code of 1942, Recompiled, sets forth the method for a county's becoming a member of the Tombigbee River Valley Water Management District. That Section

EXHIBIT 22

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

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

MLP:lm

A. F. SUMMER, ATTORNEY GENERAL 453. ' BY A-741' (Mrs Mary Li )â&#x20AC;˘y P. ne Assi tant Attorney General EXHIBIT 22 - 2

IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI TUSCUMBIA RIVER DRAINAGE DISTRICT, APPELLANT VS.

No. 3234

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

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

4/ BY ATTORNEYS FOR APPELLEE

CERTIFICATE OF SERVICE I, John L. Hopkins, one of the attorneys of record for the appellee, the Board of Supervisors of Alcorn County, Mississippi, in the above styled and numbered cause,

hereby

certify that I have this day mailed by U. S. Mail, postage prepaid, a true, correct and complete copy of the foregoing Motion To Dismiss to, 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

OCT 2 2 1913 MRS. fikAA D. DODD, Cir. Gik.

of October, 1973.

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 outstanding bonds and other obligations of said district have been retired and discharged, or until the year 2005, whichever shall occur sooner.

RESPECTFULLY SUBMITTED,

,e).

TUSCUMBRIVER DRAINAGE DISTRICT BY:

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 foregoing Amended Petition of Appeal on the Honorable John Hopkins and Price and Krohn, attorneys for appellee, by mailing a true copy thereof to their regular mailing addresses in Corinth, Mississippi.

WITNESS my signature, this 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

(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;

.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 , on the twenty-two main tributaries of the Tombigbee River, flood 4

i i

prevention program as set out by the Federal congress in Public Law No. 566, 83rd Session, and projects of a local nature - - the first of which Is under the exclusive control of the United States Corps of k

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

IiI

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

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 onehalf mill tax levied by the Order of this Board adopted September 12, 1973, recorded in Minutes Book No. 48 at pages 144, for the Tombigbee River Valley Water Management District, in a special, separate, interest-bearing account in the County Depository, to be known as the "Tombigbee River Valley Water Management District Local Tax Fund, " and to remain in such account until all litigation concerning this matter 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 twomill State ad valorem tax levy which heretofore has been diverted to, and paid directly to, the Tombigbee River Valley Water Management District; and the Clerk of this Board is hereby authorized, empowered and directed to deposit all such moneys received from the Tax Collector in a special, separate, interest bearing account in the County Depository, to be known as the "Tombigbee River Valley Water Management District State Tax Fund, " and to remain in such account 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

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

•

J„i

•

the following Supervisors voting for the adoption, of the Order: I

„

.I I

•

T. A. Little FLIL.• Denton J. W. Morton Willard Crum

I” I ;.

I •

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

D. C. Mathis at a regular meeting of the Board duly called and held on this the 22nd day of October, 1973. 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. 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. 3232

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

NO. 3248

NO. 3240

NOV 21.191

MRS, atiA MINUTE BOOK #3 Page

19j. .

DOla Ciro

ORDER

On motion of all parties, and for good cause shown, IT IS HEREBY ORDERED that the above causes are hereby consolidated for a hearing on the motion to dismiss, all points of law, the demurrer, plea in bar, motion or other points of law be-

fore the court in vacation in the courthouse of Monroe County at Aberdeen, Mississippi at 10:00 o'clock A.M. on the 14th day of November, 1973.

ORDERED AND ADJUDGED, this

day of Nov

CIRCUIT COURT JUDGE

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

NOV 2 1 1913 MRS. iikiAA D. DODD, Cir. CIK

ATTORNEYS FOR TOMBIGBEE RIVER

VALLEY WATER MANAGEMENT DISTRICT PRICE AND KROHN JOII . HOPKI $ BY: TORNEYS FOR BOARD OF SUPER-

VISORS OF ALCORN COUNTY, MISSISSIPPI

MINUTE BOOK #3 Page

•.

.1qPiF11.1 ■ 11 , 1....6, ■ !!

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

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:

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.

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.

That the Board of Supervisors of Alcorn County, Mississippi,

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

MINUTE BOOK PAGE ita22_

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.

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.

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.

CIRCUIT JUDGE

APPROVED AS TO FORM: SMITH, ])OWNS, COLEMAN AND ROSS BY: AT ORNEYS FOR TUSCUMB A IVER DRAINAGE DISTRICT MITCHELL, McNUTT & BUSH BY:

ATTORNEYS FOR TOMBIGB E RIVER VALLEY WATER MANAGEMENT DISTRICT PRICE AND KROHN JOHNâ&#x20AC;&#x201D;,L. HOPKINS e_ 2 BY :\ ATTORNEYS FOR BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

NOV 2 8 1913 MINUTE BOOK PAGE

Lop

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

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,- â&#x20AC;˘this the 2thyday of A

1973.

2251 6t d vmwt e,vv TITLE

IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT ) ) APPELLANT ) VS.

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

NO. 3234

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT APPELLANT VS.

NO. 3232

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI APPELLEE

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

NO. 3248

ALCORN COUNTY, MISSISSIPPI

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

(Mu u+-e_ Boo W -fr3

P4-

X 395 2

NO. 3240

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.

That the Board of Supervisors of Alcorn County, Mississippi,

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

At IA-Q._

P4;

ie 319

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.

i. 2,41L" ORDERED AND ADJUDGED, this the IAZh day of November, 1973.

CIRCUIT JUDGE

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

Zei

1314- :

AT ORNEYS FOR TUSCUMB AC RIVER DRAINAGE DISTRICT MITCHELL, McNUTT & BUSH BY: 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

0-40e,

4P,3 3

IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT, APPELLANT VS.

3234

l?r,1 IT M )

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI,

APPELLEE

NOV 2 9 1973

MRS..

PETITION FOR APPEAL

a Pursuant to the provisions of Section 11-51

D. DUDU,

Miss-

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 provisions 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, Mississippi, in the above styled and numbered cause, hereby certify that I have this day mailed, postage prepaid

a true, correct

and complete copy of the foregoing Petition For Appeal to O. R. Smith, Jr., Smith, Downs, Coleman & Ross, Attorneys at Law, Post Office Box 191, Corinth, Mississippi 38834, the attorney of record for Tuscumbia River Drainage District. This 29th day of November, 19 AHES E. 'RICE

CHL

IN THE CIRCUIT COURT OF ALCORN COUNTY, TUSCUMBIA RIVER DRAINAGE DISTRICT, APPELLANT VS. BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI, APPELLEE

MISSISSIPPI ) ) ) ) ) ) ) ) ) )

NO.

3234

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, Mississippi Code of 1972, notice is hereby given that the Board of Supervisors of Alcorn County, Mississippi, desires to appeal the above styled and numbered case to the Mississippi Supreme Court; and the Board of Supervisors of Alcorn County, Miss- , is pi,designates hefol wingportinsofthercod,proceedings, testimony and evidence to be contained in the record on appeal to the Mississippi Supreme Court: 1. Appeal filed with the Board of Supervisors of Alcorn County, Mississippi, by the Tus- , cumbiaRverDaingeDistrc onOctober8, 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 Supervisors of Alcorn County, Mississippi on October 22, 1973. 4.

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

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 Supervisors of Alcorn County, Mississippi, on November 29, 1973, with the Circuit Court clerk's dorsement thereon. 8, Summons served on Tuscumbia River Drainage District 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. PRICE & KROHN JOHN L. HOPKINS

Akka4,-

ORNEYS FOR BOARD OF SUPER.. SORS OF ALCORN COUNTY, SSISSIPPI

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

IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TUSCUMBIA RIVER DRAINAGE DISTRICT, APPELLANT NO. 3234

VS.

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— 1\64)-4-4444--)

day of

, 1973. SMITH, DOWNS, COLEMAN & ROSS BY

/111441

AT ORNEYS FOR TUSCUMBIAGI IVER DRAINAGE DISTRICT

uLt, 3 1913 MRS. Fiii.if{A D. DOW), Cir. BY

IN THE CIRCUIT COURT OF ALCORN COUNTY, MISSISSIPPI

TOMBIGBEE RIVER VALLEY WATER MANAGEMENT DISTRICT .

APPELLANT

VS.

NO. 3232

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT

APPELLANT

VS.

NO. 3234

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

TUSCUMBIA RIVER DRAINAGE DISTRICT, ET AL

APPELLANTS

VS.

NO. 3248v

BOARD OF SUPERVISORS OF ALCORN COUNTY, MISSISSIPPI

APPELLEE

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

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

uLC 1 11973 2

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

STATE OF MISSISSIPPI

Circuit

To the Honorable the

Court,

Alcorn

of WHEREAS, on the

22nd

County—Greetings:

July

d ay o f

„ 19

(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 1 st following f inal

Judgment

Monday of

March

, in the year of our Lord, 1924_, the

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.

Robert G. Gillespie

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

"ol

16th MINUTE

' :

day of

Page

(arcuit Court 43248, #3232 & 43234)

September

77-7

, 1974 , Clerk ,DC