1998 Regular Session
To: Local and Private Legislation
By: Representatives Cummings, Franks
House Bill 1833
AN ACT TO AUTHORIZE THE CITY OF IUKA, MISSISSIPPI, TO OPERATE ITS WATER SYSTEM WITHIN A CERTAIN DISTANCE OUTSIDE THE CORPORATE LIMITS OF THE CITY OF IUKA; TO AUTHORIZE THE CITY OF IUKA TO ACQUIRE AND ASSUME THE OPERATION AND MAINTENANCE OF THE MIDWAY-PLEASANT HILL WATER ASSOCIATION AND TO ASSUME ALL THE LIABILITIES, OBLIGATIONS, ASSETS, DUTIES AND RESPONSIBILITIES OF SUCH ASSOCIATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) Notwithstanding any provisions of Section 21-27-39, Mississippi Code of 1972, to the contrary, the governing authorities of the City of Iuka in Tishomingo County, Mississippi, in their discretion, may, construct, expand, operate and maintain the water system of the City of Iuka for a distance not to exceed ten (10) miles from the corporate limits of the City of Iuka in Tishomingo County, Mississippi. Whenever such water service is furnished to any consumer residing outside the corporate limits of the City of Iuka, the consumer may not be charged at a rate greater than twice the rate charged for the same service within the corporate limits of the City of Iuka, until the provisions of paragraph (b) are applicable.
(b) Upon the completion of any construction, expansion or improvement of the water system under authority of this act and the retirement of any indebtedness incurred in connection therewith, the consumers of water service furnished by the water system who reside outside the corporate limits of the City of Iuka shall be charged at the same rate as that charged to consumers who reside within the corporate limits of the city.
(2) In connection with the construction, expansion, operation and maintenance of its water system within the area authorized under subsection (1) of this section, governing authorities of the City of Iuka may acquire the Midway-Pleasant Hill Water Association and assume the operation and maintenance of the Midway-Pleasant Hill Water Association; and, in connection therewith, such governing authorities are vested with the power to assume all liabilities, obligations, assets, duties and responsibilities of such association. The city shall have such powers and authority concerning the association and its facilities as is now or hereafter granted by law to municipalities concerning water systems.
(3) The authority conferred by this act shall not be construed as an exemption from the provisions of Section 77-3-1 et seq., Mississippi Code of 1972, as to the requirements of obtaining a Certificate of Public Convenience and Necessity, the jurisdiction of the Public Service Commission to regulate rates or any other provision of law.
SECTION 2. This act shall take effect and be in force from and after its passage.