2016 Mississippi Code
Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control
Chapter 11 - Pearl River Basin Development District
§ 51-11-11. Powers of district

MS Code § 51-11-11 (2016) What's This?

The district, through its board of directors, is hereby empowered:

(a) To develop in conjunction with the U.S. Army Corps of Engineers, U.S. Secretary of Agriculture, U.S. Secretary of Interior, or with such other federal or state agency as may be involved, including agencies of the state of Louisiana, plans for public works of improvement for the preservation, conservation, development, storage, and regulation of soil and waters within the Pearl River Basin, including the impoundage, diversion, flowage, and distribution of waters for industrial, irrigational, or potable water supplies, the development of waters for navigation, and the prevention of floodwater damage; to enter into agreements with the United States of America, as represented by the U.S. Army Corps of Engineers or by such other federal agency as may be involved, to meet the requirements of local cooperation for flood control and navigation projects or other use of water as set out and authorized by public law of the United States, as now or hereafter amended.

(b) To sue and be sued in its corporate name.

(c) To adopt, use, and alter a corporate seal.

(d) To make bylaws for the management and regulation of its affairs.

(e) To make or cause to be made or to cooperate in making engineering surveys, feasibility studies, and cost-benefit estimates relating to the construction of dams, reservoirs, works, plants, or any other necessary related facilities for controlling, storing, using, and distributing, including to adjacent basins, the waters within the Pearl River Basin, or for the prevention of floodwater damage, for navigation therein, or for the use of its water resources for recreational purposes.

(f) To acquire by purchase, lease, gift, or in other manner, other than by condemnation, and to maintain, use, and operate any and all property of any kind, real, personal, or mixed, or any interest therein within the boundaries of the district necessary for the purposes of the district.

(g) To make contracts and to execute instruments necessary to the exercise of the powers, rights, privileges, and functions conferred upon the district by this chapter.

(h) To apply for and accept grants or loans from the United States of America or from any corporation or agency created or designated by the United States of America, and to ratify and accept applications heretofore or hereafter made by voluntary associations to such agencies for grants to construct, maintain, or operate any project or projects which hereafter may be undertaken or contemplated by said district.

(i) To employ an executive vice president who shall act as general manager of the district and who may, at the discretion of the board of directors, have the power to employ and discharge employees. The board of directors shall have the right to employ engineers, attorneys, and all agents and employees necessary to the exercising of the powers, rights, privileges, and functions conferred upon the district by this chapter or any other law, or necessary to properly finance, construct, operate, and maintain the projects and plants of the district; and the district may pay reasonable compensation for such services. For all services in connection with the issuance of bonds, the attorney's fee shall be in accordance with the following:

1. On issues up to and including one hundred thousand dollars ($ 100,000.00), the attorney's fee shall not exceed one percent (1%) thereof.

2. On issues over one hundred thousand dollars ($ 100,000.00), and including three hundred thousand dollars ($ 300,000.00), the attorney's fee shall not exceed one-half percent ( 1/2%) thereof.

3. On issues over three hundred thousand dollars ($ 300,000.00), the attorney's fee shall not exceed one-fourth percent ( 1/4%) thereof; but for any issue the attorney shall receive a minimum fee of two hundred fifty dollars ($ 250.00). For any other services, reasonable compensation shall be paid.

(j) To do any and all other acts or things necessary to the exercising of the powers, rights, privileges, or functions conferred upon the district by this chapter or any other law.

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