MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Local and Private Legislation

By: Representative Henderson, Espy, Mayo

House Bill 1708

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE TOWN OF FRIARS POINT, MISSISSIPPI, TO OPERATE ITS NATURAL GAS DISTRIBUTION SYSTEM WITHIN CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF THE TOWN OF FRIARS POINT; 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 Town of Friars Point in Coahoma 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 area if that area is not certified to another natural gas utility for such service, or if certified, upon obtaining a release from that utility and obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission:

Beginning at a point where the East bank of the Mississippi River intersects the East boundary of Section 16, Township 29 North, Range 4 West in Coahoma County, Mississippi; thence South approximately 1 mile to the Southeast corner of said Section 16; thence East approximately 7 miles to the Northeast corner of Section 22, Township 29 North, Range 3 West; thence South 1 1/2 miles to the Southeast corner of the North 1/2 of Section 27; thence West 2 miles to the Southwest corner of the North 1/2 of Section 28; thence South 1 1/2 miles to the Southeast corner of Section 32, Township 29 North, Range 3 West; thence West 4 miles to the Southwest corner of Section 35, Township 29 North, Range 4 West; thence South 3 1/2 miles to the Northwest corner of the South 1/2 Section 23, Township 28 North, Range 4 West; thence East 1 1/2 miles to the Northeast corner of the Southwest 1/4 of Section 24, Township 28 North, Range 4 West; thence South approximately 2 3/4 miles to the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 1, Township 27 North, Range 4 West; thence West 1 mile to the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of Section 2, Township 27 North, Range 4 West; thence North 1 1/4 miles to the Northwest corner of the East 1/2 of the East 1/2 Section 35, Township 28 North, Range 4 West; thence West 1 3/4 miles to the Southwest corner of Section 27, Township 28 North, Range 4 West; thence North 2 miles to the Southeast corner of Section 16, Township 28 North, Range 4 West; thence West 2 1/2 miles to the Southwest corner of the East 1/2 of Section 18, Township 28 North, Range 4 West; thence North approximately 5 1/2 miles to the East bank of the Mississippi River in Township 29 North, Range 4 West; thence Northeasterly along the said East bank of the Mississippi River approximately 2 1/2 miles to the East boundary of Section 16 and the point of beginning, all the above being in Coahoma County, Mississippi.

Whenever such service is furnished to any consumer residing outside the corporate limits of the Town of Friars Point, 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 Town of Friars Point.

(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 Town of Friars Point must obtain from the Public Service Commission a Certificate of Public Convenience and Necessity and approval of all rates and changes for providing natural gas service to those areas that are more than one (1) mile outside its corporate boundaries, and the town otherwise shall be subject to the jurisdiction of the Public Service Commission as authorized by applicable law.

(3) The governing authorities of the Town of Friars Point must 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 this act.

(4) The governing authorities of the Town of Friars Point 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.