2016 Mississippi Code
Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control
Chapter 39 - Storm Water Management Districts
§ 51-39-5. Definitions
Whenever used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Board" means the board of commissioners of a district.
(b) "Cost of project" means:
(i) All costs of site preparation and other start-up costs;
(ii) All costs of construction;
(iii) All costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, utility charges, permits, approvals, licenses, and certificates and the securing of any permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for project functions;
(iv) All costs of engineering, geotechnical, architectural and legal services;
(v) All costs of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project;
(vi) Administrative expenses; and
(vii) Any other expenses as may be necessary or incidental to the project financing.
(c) "County" means any county of this state.
(d) "Designated representative" or "incorporator" means the person named by resolution of the governing body of a county or municipality as the representative of that unit of local government for the purpose of acting on their behalf as an incorporator in concert with other similarly named persons in the creation and incorporation of a storm water management district under this chapter.
(e) "District" means a storm water management district created under this chapter.
(f) "Ditch" means any branch or lateral drain, tile drain, levee, sluiceway, water course, floodgate, and any other construction work found necessary for the reclamation of wet and overflowed lands.
(g) "Facilities" mean any structure, building, ditch, pipe, channel, improvement, land, or other real or personal property used or useful in storm water management system under this chapter.
(h) "Governing body" means the elected or duly appointed officials constituting the governing body of a municipality or county.
(i) "Incorporation agreement" means that agreement between the designated representatives of various units of local government setting forth the formal creation of a storm water management district created under this chapter.
(j) "Member" means a unit of local government participating in a district.
(k) "Municipality" means any incorporated city, town or village in this state.
(l) "Project" means the collection, conveyance, retention, detention and any other portion of a storm water management system and any property, real or personal, used as or in connection with those purposes.
(m) "Public agency" means any municipality, county, political subdivision, governmental district or unit, public institution of higher learning, community college district, planning and development district, or any body politic and corporate or governmental agency created under the laws of the state.
(n) "State" means the State of Mississippi.
(o) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting from that precipitation.
(p) "Storm water management system" means a system which is designed and constructed, implemented or operated to control storm water discharges to prevent or reduce flooding, over drainage or water pollution or to otherwise affect the quantity or quality of discharges from the system. The storm water management system includes all pipes, channels, ditches, streams, wetlands, detention or retention basins, ponds or other storm water conveyance or treatment facilities.
(q) "Unit of local government" means any county or municipality of the state.
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