MISSISSIPPI LEGISLATURE
2000 Regular Session
To: Local and Private Legislation
By: Representatives Ward, Moss
House Bill 587
(As Passed the House)
AN ACT TO AUTHORIZE THE TOWN OF WALNUT, MISSISSIPPI, TO OPERATE ITS NATURAL GAS DISTRIBUTION SYSTEM WITHIN CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF THE TOWN OF WALNUT; 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 Town of Walnut in Tippah County, Mississippi, in their discretion, may construct, expand, operate and maintain the natural gas distribution system of the Town of Walnut within any area described in paragraph (b) of this subsection (1), which is not certificated to another natural gas utility for such service, or if certificated, upon obtaining a release from that utility and a Certificate of Public Convenience and Necessity from the Public Service Commission. Whenever such natural gas utility service is furnished to any consumer residing outside the corporate limits of the Town of Walnut, 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 Walnut.
(b) The areas within which the Town of Walnut may construct, expand, operate and maintain its natural gas system pursuant to paragraph (a) of this subsection (1) are described as follows:
PARCEL NO. 1:
Beginning at the Northwest Corner of Section 31, Township 1 South, Range 5 East, a point on the existing Certificated Service Area boundary and run thence East 2-1/4 mile; thence run South 1 mile; thence run West 3/4 mile; thence run South 1 mile; thence run West 1/2 mile to the Northeast corner of Section 7, Township 2 South, Range 5 East, thence run South 3 miles; thence West 1 mile to the Southwest Corner of Section 19, Township 2 South, Range 5 East, a point on the Tippah/Alcorn County Boundary line; thence run North 5 miles along said boundary line to the POINT OF BEGINNING, all lying and being in Alcorn County, Mississippi, and containing approximately 6-3/4 square miles.
PARCEL NO. 2:
Beginning at the Southeast Corner of Section 36, Township 1 South, Range 4 East a point on the existing Certificated Service Area boundary and the Tippah/Alcorn County Boundary and run thence South 2-1/2 miles along said boundary; thence leaving said boundary run West 2 miles; thence run South 2-1/2 miles to the Southwest Corner of Section 26, Township 2 South, Range 4 East, thence run East 1 mile; thence run South 1/2 mile; thence run West 2 miles; thence run North 1/2 mile; thence run West 1 mile to the Southwest Corner of Section 28, Township 2 South, Range 4 East; a point on the existing Certificated Service Area boundary; thence run North 3 miles along said boundary; thence run East 2 miles along said boundary; thence run North 1-1/2 miles along said boundary; thence run East 1 mile along said boundary; thence run North 1/2 mile along said boundary; thence run East 1 mile along said boundary to the POINT OF BEGINNING; all lying and being in Tippah County, Mississippi, and containing 11-1/2 square miles.
PARCEL NO. 3:
Beginning at Northwest Corner of Section 19, Township 2 South, Range 4 East a point on the existing Certificated Service Area boundary and run thence South 1/2 mile; thence run East 7/8 mile; thence run South 5/8 mile; thence run West 1-1/4 mile; thence run North 1/2 mile; thence run East 1/9 mile; thence run North 5/8 mile to the Northwest Corner of Section 23, Township 2 South, Range 3 East; thence continue North 1/2 mile; thence run East 1-1/2 mile; thence run North 1/4 mile; thence run East 1 mile to the existing Certificated Service Area boundary; thence run South 3/4 mile along said boundary; thence run West 1/2 mile along said boundary to the POINT OF BEGINNING, all lying and being in Tippah County, Mississippi, and containing approximately 3-17/64 miles.
PARCEL NO. 4:
Beginning at the Northeast Corner of the Northwest Quarter of Section 6, Township 2 South, Range 4 East, a point on the existing Certificated Service Area boundary and run thence South along said boundary 1-1/2 mile; thence, leaving said boundary, run West 2 miles; thence run North 1/2 mile; thence run West 1/2 mile; thence run North 1 mile to the Northwest Corner of Section 2, Township 2 South, Range 3 East, a point on the existing Certificated Service Area boundary; thence run East 2-1/2 miles along said boundary to the POINT OF BEGINNING, all lying and being in Tippah County, Mississippi, and containing approximately 3-1/2 square miles.
PARCEL NO. 5:
Beginning at the Southeast Corner of Section 27, Township 1 South, Range 3 East, a point on the existing Certificated Service Area boundary and run thence West along said boundary 1-1/2 miles; thence, leaving said boundary run North 1-1/4 miles; thence run East 1/2 mile; thence run North 1/4 mile; thence run East 1/2 mile; thence run South 1 mile; thence run East 1/2 mile; thence run South 1/2 mile to the POINT OF BEGINNING, all lying and being in Tippah County, Mississippi, and containing 1-5/8 square miles.
(2) 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. The Town of Walnut 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 which are more than one (1) mile outside its corporate boundaries, and shall be otherwise subject to the jurisdiction of the Public Service Commission as authorized by applicable law.
(3) The governing authorities of the Town of Walnut shall make a reasonable effort to 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)(b) of this section.
(4) The governing authorities of the Town of Walnut shall have a financial report on the natural gas distribution system filed annually with the State Auditor for his review. 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.