2000 Regular Session
To: Local and Private Legislation
By: Representative Woods
House Bill 1721
(As Sent to Governor)
AN ACT TO AUTHORIZE THE CITY OF OLIVE BRANCH TO OPERATE ITS NATURAL GAS DISTRIBUTION SYSTEM WITHIN CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF OLIVE BRANCH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Notwithstanding any provisions of Section 21-27-39, Mississippi Code of 1972, to the contrary, the governing authorities of the City of Olive Branch in DeSoto County, Mississippi, in their discretion, may construct, expand, operate and maintain a natural gas distribution system to provide natural gas service to the following described tract, if the area within the tract is not certificated to another natural gas utility for such service, or if certificated, upon obtaining a release from that utility, or cancellation pursuant to Section 77-3-21, Mississippi Code of 1972, and obtaining a certificate of public convenience and necessity from the Public Service Commission.
Beginning at the northwest corner of the southwest quarter of Section 5; Township 3 South; Range 6 West; thence east 2.6 miles along the half section lines of Sections 5, 4, and 3 to a point in the centerline of the Coldwater River; then southwestward along the meanders of the Coldwater River to the southwest corner of Section 19; thence north 3.0 miles along the west line of Sections 19, 18 and 7 to the northwest corner of Section 7 and a point in Camp Creek Canal; thence north 2,640 feet along the centerline of said Canal to a point on the half section line of Section 6; thence east 5,000 feet along the half section line to the point of beginning, and containing 5,020 acres, more or less.
Whenever such natural gas utility service is furnished to any consumer residing outside the corporate limits of the City of Olive Branch, 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 Olive Branch.
(2) The authority conferred by this act shall not be construed as an exemption from the provisions of Chapter 3, Title 77, Mississippi Code of 1972. The City of Olive Branch shall be required to obtain from the Public Service Commission a certificate of public convenience and necessity, obtain approval of all rates and charges for providing natural gas service to those areas that are more than one (1) mile outside its corporate boundaries, and otherwise shall be subject to the jurisdiction of the Public Service Commission as authorized by applicable law.
(3) The governing authorities of the City of Olive Branch shall provide natural gas service to each consumer within the distribution system who requests such service. For the purpose of this subsection, the term "distribution system" means all areas that are described in subsection (1) of this section.
(4) The governing authorities of the City of Olive Branch shall file annually with the State Auditor for his review a financial report on the natural gas distribution system. The audited financial statements shall be maintained in the office of the system for public inspection and shall be made available to the public during normal business hours.
SECTION 2. This act shall take effect and be in force from and after its passage.