MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Local and Private

By: Senator(s) White (5th)

AN ACT TO AUTHORIZE THE CITY OF BOONEVILLE, MISSISSIPPI, TO ACQUIRE AND ASSUME THE OPERATION AND MAINTENANCE OF THE BLACKLAND WATER ASSOCIATION AND TO ASSUME ALL THE LIABILITIES, OBLIGATIONS, ASSETS, DUTIES AND RESPONSIBILITIES OF SUCH ASSOCIATION; TO AUTHORIZE THE CITY OF BOONEVILLE TO OPERATE ITS WATER DISTRIBUTION SYSTEM FOR A DISTANCE OF MORE THAN FIVE MILES FROM THE CORPORATE LIMITS OF THE CITY OF BOONEVILLE IN ORDER TO OPERATE THE WATER SYSTEM WITHIN THE AREA PRESENTLY SERVED BY THE BLACKLAND WATER SYSTEM; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) The City of Booneville, Mississippi, acting by and through its governing authorities, is hereby authorized and empowered to acquire the Blackland Water System and to assume the operation and maintenance of the Blackland 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 district and its facilities as is now or hereafter granted by law to municipalities concerning water systems.

(2) Any indebtedness incurred by the City of Booneville as a result of the exercise of the authority granted to it in subsection (1) of this section shall not constitute a debt within the meaning of any statutory limitation as to the amount of debt which may be incurred by the municipality.

SECTION 2. (1) (a) Notwithstanding any provisions of Section 21-27-39, Mississippi Code of 1972, to the contrary, the governing authorities of the City of Booneville, Mississippi, may, in their discretion, construct, expand, operate and maintain the water distribution system of the City of Booneville for a distance of more than five (5) miles from the corporate limits of the City of Booneville in order to operate the water system within the area presently served by Blackland Water Association. The rate charged to consumers of water service furnished by the water system who reside outside the corporate limits of the City of Booneville shall be no greater than twice the rate charged to consumers who reside within the corporate limits of the city, 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 Booneville shall be charged the same rate as that charged to consumers who reside within the corporate limits of the city.

(2) The authority conferred by this section shall not be construed as an exemption 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 3. This act shall take effect and be in force from and after its passage.