Yazoo County; authorize to establish an economic and industrial development authority., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Local and Private Legislation

By: Representatives Ford (54th), Clark, James-Jones

House Bill 4130

(As Sent to Governor)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF YAZOO
COUNTY, MISSISSIPPI, TO ESTABLISH AN ECONOMIC AND INDUSTRIAL DEVELOPMENT
AUTHORITY TO BE KNOWN AS THE YAZOO ECONOMIC ALLIANCE; TO PROVIDE FOR THE
APPOINTMENT OF TRUSTEES OF THE ALLIANCE; TO PROVIDE THE POWERS AND
DUTIES OF THE ALLIANCE; TO PROVIDE THAT THE ALLIANCE MAY BE
AUTHORIZED BY THE BOARD OF SUPERVISORS TO PROVIDE CERTAIN ECONOMIC DEVELOPMENT
AND/OR INDUSTRIAL DEVELOPMENT FOR THE COUNTY AND THE MUNICIPALITIES LOCATED
THEREIN; TO AUTHORIZE THE BOARD OF SUPERVISORS TO DISSOLVE THE YAZOO COUNTY
ECONOMIC DEVELOPMENT DISTRICT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  As used
in this act:

(a)  "Alliance"
means the economic and industrial development authority established under the
provisions of this act and known as the Yazoo Economic Alliance.

(b)  "Board of
supervisors" means the Board of Supervisors of Yazoo County, Mississippi.

(c)  "County"
means Yazoo County, Mississippi.

(d)
"Trustee" means either the board of supervisors or separately
appointed individuals, as set forth in Section 2(b), who govern and control the
Alliance.

SECTION
2.  (a)  When the board of
supervisors shall find and determine that the public convenience and necessity
require the same, as evidenced by a resolution duly adopted and entered on the

official
minutes of such board, it shall establish an economic and industrial
development authority, to be known as the Yazoo Economic Alliance.

(b)
The Alliance shall be composed of five (5) trustees.  The board of
supervisors, in its sole discretion, shall either (i) appoint themselves to
serve as the trustees with terms to run concurrently with their terms of office
for supervisor, or (ii) appoint five (5) trustees who are not county officials
or employees, but are qualified electors of the county.

(c)
For those trustees appointed under Section 2(b)(ii) herein, the following shall
apply:

(i)
Three (3) of the trustees of the Alliance shall serve a term of one (1)
year and the remaining two (2) trustees shall serve a term of two (2) years.
Trustees may be reappointed without limitation.

(ii)
Any trustee of the Alliance may be disqualified and removed from office
for either of the following reasons:

1.
Conviction of a felony; or

2.
Failure to attend three (3) consecutive meetings without just cause.

(iii)
If a trustee of the Alliance is removed for one of the above reasons,
the vacancy shall be filled in the manner prescribed in this section.

(iv)
Vacancies which occur shall be filled in the same manner as the original
appointments and shall be made for the unexpired term.

(v)
The board of supervisors of the county, or their designee(s), shall be nonvoting,
ex-officio members of the Alliance for purposes of serving only in an
advisory capacity to the trustees of the Alliance.  The attendance of
any supervisor at Alliance meetings shall not count towards a quorum of
the trustees of the Alliance.

SECTION
3.  Before entering upon the duties of
the office, each trustee of such Alliance, unless such trustees are the
board of supervisors, shall take and subscribe the oath of office required by
Section 268, Mississippi Constitution of 1890, and shall give bond in the sum
of Five Thousand Dollars ($5,000.00), conditioned upon the faithful performance
of his or her duties, such bond to be made payable to the Alliance and
to be approved by the Alliance.  The premiums on all the surety bonds
shall be paid by the Alliance.  The trustees of such Alliance
shall meet at the regular meeting place of the board of supervisors of the
county within five (5) days after the trustees are initially appointed and
shall elect from among their number a chairman, vice chairman and secretary-treasurer
of the Alliance and shall adopt a seal and such bylaws, rules and
regulations as may be necessary to govern the time, place and manner for
holding subsequent meetings of the Alliance and for conduct of its
business, not inconsistent with the provisions of this act.  The trustees of
the Alliance shall serve without salary or compensation, provided,
however, that their actual expenses incurred in the performance of their duties
may be reimbursed, including mileage as authorized by law for state employees.

SECTION
4.  (a)  The Alliance is
hereby expressly authorized and empowered to acquire by gift, purchase or
otherwise, and to own, hold, maintain, control and develop real estate and
personal property situated within the county, either within or without the
corporate limits of a municipality, for development, use and operation as
industrial park complexes, industrial sites, business parks or for other
economic development purposes whether for commercial, industrial, agricultural
or otherwise, such complexes, sites and purposes hereinafter referred to in
this act as "projects," and is further authorized and empowered to
engage in works of internal improvement therefor, including, but not limited
to, construction or contracting for the construction of streets, roads, railroads,
site improvements, and water, sewerage, drainage, pollution and other related
facilities necessary or required for the development of such projects, and to
acquire, purchase, install, lease, finance, construct, own, hold, equip,
control, maintain, use, operate and repair structures and facilities necessary
and convenient for the planning, development, use, operation and maintenance of
such projects, including, but not limited to, utility installations, elevators,
compressors, warehouses, buildings, and air, rail and other transportation
terminals, and pollution control facilities.  In the event the Alliance
takes by gift or otherwise any land, buildings or other tangible assets from
any persons, corporations, public or private, the Alliance may assume
all or any part of the liabilities resulting from such acceptance under such
terms and conditions as will be in the best interest of the citizens of the
county.

(b)
The Alliance is authorized and empowered to sell, lease, trade, exchange
or otherwise dispose of sites situated within projects to individuals, firms or
corporations, public or private, for all types of industrial, commercial,
agricultural or other economic development uses upon such terms and conditions,
for such consideration whether monetarily or otherwise, and with such
safeguards as will best promote and protect the public interest, convenience
and necessity, and to execute options, deeds, leases, contracts, easements and
other legal instruments necessary or convenient therefor.  The Alliance
may also contribute funds and/or resources directly to the development and cost
of operation of any industrial development foundation or other private economic
development group in the county and may enter into any contracts or agreements
effectuating the same which shall be binding on successor boards.

(c)
The Alliance is authorized and empowered to fix and prescribe fees,
charges and rates for the use of any water, sewerage, pollution or other
facilities constructed and operated in connection with projects and to collect
the same from persons, firms and corporations using the same for industrial,
commercial, agricultural or other economic development purposes, except as to
rates and charges against common carriers regulated by an agency of the federal
government or the Mississippi Public Service Commission.

(d)
The Alliance is authorized and empowered to employ engineers, attorneys,
accountants, consultants and such executive and administrative personnel and
other employees or independent contractors as shall be reasonably necessary to
carry out the duties and authority authorized by this act, to determine their
qualifications and duties and to establish compensation and other employment
benefits as may be advisable to attract and retain proficient personnel.  The
employees or contractors, if any, of the Alliance shall not be
considered as employees of the county for state retirement or any other public
purposes.  The Alliance, in addition to all other powers, is authorized
and empowered to purchase, lease, sell and trade office equipment, to purchase
necessary office supplies, to purchase or lease any equipment and vehicles the Alliance
deems necessary for economic and industrial development and to carry out the
purposes of this act.  The Alliance is authorized, in addition to all
other powers, to buy, lease, sell, convey and do all other necessary business
transaction for carrying out the purpose of and administering the Alliance
and to do all acts necessary and convenient to operate and carry out the duties
of the Alliance.

(e)
When disposing of its real property pursuant to this act, the Alliance
may contract with duly licensed realtors and real estate brokers and may pay
real estate commissions resulting from such dispositions not to exceed six
percent (6%) resulting from such dispositions.  No Alliance board
trustee, officer or employee may be paid a real estate commission or any other
form of compensation from such disposition.

(f)
Subject to the prior written approval of the board of supervisors, if
applicable, the Alliance is expressly authorized and empowered to borrow
money by issuing its negotiable promissory notes which may be secured by
execution of a deed of trust upon any property owned by the Alliance, or
other collateral available to or in the possession of the Alliance.  In
addition to any available, nonobligated revenues and other funds of the Alliance,
the board of supervisors may pledge all or any portion of the levy authorized
for support of the Alliance provided for in Section 8 of this act for
the repayment of any indebtedness authorized under the provisions of this act,
and the county shall be obligated to continue such levy until the authorized
indebtedness is paid in full.  The pledge of the tax levy to secure repayment
of any sums borrowed shall be done only by order spread upon the minutes of the
board of supervisors and the Alliance after the affirmative vote of a
majority of the members of the board of supervisors and trustees of the Alliance.
This authority to borrow money shall be in addition to the authority of the
county to borrow money or issue bonds on behalf of the Alliance as
specified in Section 4(i) under this act.

The
county shall not be liable for the repayment of any indebtedness incurred by
the Alliance unless the board of supervisors of the county has pledged a
portion of the tax levy otherwise authorized as security therefor, in which
event the

county
shall be obligated only to the extent of the tax levy so pledged.  The board of
supervisors may, however, authorize payment on such debt from other sources
available for such payment.

(g)
The enumeration of any specific rights and powers contained herein, and
elsewhere in this act, where followed by general powers, shall not be construed
in a restrictive sense, but rather in as broad and comprehensive a sense as
possible to effectuate the purposes of this act.  Nothing in this act should be
construed to limit, restrict, or otherwise alter the duties, responsibilities
and authority of the board of supervisors as provided under the Mississippi
Constitution of 1890 and the laws

of
the State of Mississippi.

(h)
Any industrial or economic development purchase agreement or lease or related
economic development agreements may be executed upon such terms and conditions,
which shall be binding on any successor boards, and for such monetary rental or
other consideration as may be found adequate and approved by the Alliance
in orders or resolutions authorizing the same.  Any covenants and obligations
of the purchaser or lessee to make expenditures in determined amounts, and
within such time or times, for improvements to be erected on the land by such
purchaser or lessee and to conduct thereon industrial or economic development
operations in such aggregate payroll amounts and for such period of time or
times as may be determined and defined in such purchase agreement or lease, and
to give preference in employment where practicable to qualified residents of
the county in which any project is situated, shall, if included in such
purchase agreement or lease, constitute and be deemed sufficient consideration
for the execution of any such purchase agreement or lease in the absence of a
monetary rental or other consideration.  Any such instrument may contain
reasonable provisions giving the purchaser or lessee the right to remove its or
his improvements upon termination of the lease.

(i)
Upon the request of the Alliance and in addition to any other authority
prescribed by law, the board of supervisors, in its discretion, may issue bonds
for the benefit of the Alliance pursuant to the authority contained in
Section 19-5-99, Mississippi Code of 1972.

(j)
Not less than sixty (60) days prior to the end of its fiscal year, the Alliance
shall file with the board of supervisors a budget of projected revenues,
expenses and other financial activities for the coming fiscal year in a form
satisfactory to the board of supervisors and, in addition thereto, as soon
after the end of each fiscal year as practicable, the Alliance shall
file with the board of supervisors a copy of its certified audit and financial
statement for the immediate past fiscal year of the Alliance.

SECTION
5.  The Alliance is authorized
and empowered to take all actions and expend any such funds of the Alliance
as shall be necessary or determined to be in the public interests for the
promotion of economic and/or industrial development in the county, including,
but not limited to, efforts to develop, promote, attract and/or expand existing
businesses and industries, new businesses and industries, tourism, aerospace
and aviation businesses, communications and information technology businesses,
remote data centers, contact centers, warehousing and distribution businesses,
shared services centers, defends homeland/security businesses, metal
fabrication businesses, research and development businesses, manufacturing,
tourism and hospitality businesses within the county, and to expend such funds
of the Alliance as shall be necessary or determined in the public
interests to develop and promote the county's workforce, promote available jobs
within the county, and to develop and promote such training programs for the
same.

SECTION
6.  The carrying out of the corporate
purposes of the Alliance is in all respects for the benefit of the
people of the county and is a public purpose, and the Alliance will be
performing an essential governmental function in the exercise of the powers
conferred upon it by this act.  Hence, any property owned or held by the Alliance
or under its jurisdiction under the provisions of this act shall be exempt from
all taxation in the State of Mississippi.

SECTION
7.  The notes specifically authorized
by this act shall be exempt from all income taxation in the state and shall not
be included in any debt limit calculation.

SECTION
8.  (a)  In addition to rights,
duties and powers now or hereafter conferred upon the board of supervisors, the
board of supervisors, at the request of the Alliance, if applicable, is
authorized and empowered, in its discretion, to make available to the Alliance
any revenue in the general fund of the county which is otherwise
unappropriated, for economic or industrial development purposes.  If it
currently levies and collects the tax pursuant to Section 19-9-111, Mississippi
Code of 1972, the board of supervisors may, in its discretion and without the
need to re-authorize and re-notice intent, continue to the levy the tax of the
not more than two (2) mills to be used to support and maintain the Alliance.
If such tax is not currently levied, the board of supervisors may levy such tax
in accordance with Section 19-9-111, Mississippi Code of 1972, to support and
maintain the Alliance.

(b)
Further, the board of supervisors may, in its discretion, levy an additional
tax of not more than two (2) mills against the taxable property in the county
to be used to support and maintain the Alliance created hereunder.
Before any such levy is made, the board of supervisors shall signify its
intention to make such a levy and publish same in a newspaper published in said
county for thirty (30) days prior to making said levy.  In the event more than
twenty percent (20%) or fifteen hundred (1500), whichever is less, of the
qualified electors of the county protest in writing to the board of supervisors
against the imposition of such tax levy within thirty (30) days from the date
such notice is published, then such proposed tax levy shall not be made unless
same is approved by a special election called for said purpose.  Said special
election shall be conducted and had as provided by law.  This levy shall be in
addition to all other levies provided by law and in this act.

SECTION
9.  The Alliance, in addition
to the monies which may be received by it from the sale of bonds, notes and
from the collection of revenues, rents and earnings derived under the

provisions
of this act, shall have the authority to accept from any public or private
agency, or from any individual, grants for or in aid of the construction of any
project, or for the payment of bonds, and to receive and accept contributions
from any source of money or property or other things of value to be held, used
and applied only for the purposes for which such grants or contributions may be
made.

SECTION
10.  (a)  Notwithstanding any
provision of this act to the contrary, the trustees of the Alliance,
with the written approval of the board of supervisors, if applicable, and the
governing authorities of any municipality located within the county, may enter
into a contract providing for the delivery of economic development and/or
industrial development services to the municipality and contribution of funds
by the municipality to the Alliance.  If the municipality contributes
funds to the Alliance, the contract may provide for the appointment by
the municipal governing authorities of such number of nonvoting
representatives, as may be determined by the parties to the contract, to advise
in the management of the Alliance.

(b)
The trustees of the Alliance, with the approval of the board of
supervisors, if applicable, may enter into a contract or agreement with the
governing body of any other local or regional economic or industrial
development foundation, private economic development group, or other public
entity or alliance for the purposes of promoting, attracting and locating
economic and/or industrial development within the county.  Such contracts and
agreements shall be binding on successor boards.

SECTION
11.  Upon the creation of the Alliance
authorized by this act, the board of supervisors is authorized, by duly adopted
resolution, to dissolve the Yazoo County Economic Development District, created
by Section 19-5-99, Mississippi Code of 1972, and to transfer, donate or sell
any part of the assets, liabilities and other responsibilities and obligations of
the district, to the Alliance under such terms and conditions as may be
in the best interest of the county, or as may be otherwise required by law to
effectuate the intent of this act.

SECTION
12.  The Alliance is
authorized to apply for and accept grants and loans on behalf of the Alliance,
the county and any contracting municipality from the State of Mississippi or
the United States of America or any agency thereof; and, to contract with any
agency of the State of Mississippi and United States of America for the
development of the county.

SECTION
13.  This act shall be deemed to be
full and complete authority for the exercise of the powers herein granted, but
this act shall not be deemed to repeal or to be in derogation of any existing
law of this state whereunder projects of the character herein defined may be
constructed or financed.

SECTION
14.  The board of supervisors are
authorized and empowered to adopt any and all lawful resolutions, orders and/or
ordinances; to execute such documents, contracts, leases, certificates and
indentures; and to do and perform any and all acts and things necessary and
requisite to carry out the purposes of this act.

SECTION
15.  This act shall take effect and
be in force from and after its passage.