HB1705 (As Sent to Governor) - 2000 Regular Session

MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Local and Private Legislation; Ways and Means

By: Representatives Reynolds, Huddleston

House Bill 1705
(As Sent to Governor)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF TALLAHATCHIE COUNTY TO CREATE THE TALLAHATCHIE COUNTY NATURAL GAS DISTRICT; TO ESTABLISH A BOARD OF COMMISSIONERS OF THE DISTRICT; TO ESTABLISH THE TERMS OF OFFICE FOR MEMBERS OF THE COMMISSION; TO AUTHORIZE THE COMMISSION TO CONSTRUCT AND OPERATE A NATURAL GAS TRANSMISSION AND DISTRIBUTION SYSTEM; TO AUTHORIZE THE ISSUANCE OF REVENUE BONDS TO FINANCE THE CONSTRUCTION OF THE SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. The Board of Supervisors of Tallahatchie County, Mississippi, may create a natural gas district to be known as the "Tallahatchie County Natural Gas District" to provide natural gas service for the district. The physical limits of the Tallahatchie County Natural Gas District may include any area located within the following described area:

That portion of Tallahatchie County, Mississippi, South of a line commencing at the point where the Northeast Corner of Section 24, Township 24 North, Range 3 East intersects with the eastern boundary line of Tallahatchie County, Mississippi; run thence due west to the point which is the Northeast Corner of Section 24, Township 24 North, Range 1 East; run thence North to the point where the Tallahatchie County Line intersects with Quitman County Line; run thence West along the Tallahatchie County Line to the Northwest Corner of Section 6, Township 25 North, Range 1 East; run thence South to the center line of present Mississippi Highway 32, run thence Southwesterly along the center line of Mississippi Highway 32 to the point where the center line of said highway intersects with the East Line of Section 17, Township 24 North, Range 1 West; run thence south to the Southeast Corner of North Half of Section 29, Township 24 North, Range 1 West; run thence West to the Northwest Corner of South Half of Section 26, Township 24 North, Range 2 West; run thence North to the Northeast Corner of Section 27, Township 24 North, Range 2 West; run thence West to Northwest Corner of Section 27, Township 24 North, Range 2 West; run thence North to the Northwest Corner of Section 21, Township 24 North, Range 2 West; run thence West to center line of Tallahatchie County public road (running North to South) in Section 16, Township 24 North, Range 2 West; run thence Northerly along center line of said public road to point where center line of said road intersects with center line of Tallahatchie County public road (running east to west) in Section 16, Township 24 North, Range 2 West; run thence along center line of said Tallahatchie County public road westerly to point where said center line intersects with the Sunflower County Line.

It is not the intent of this act to infringe upon the certificated area of any current operating gas utility as the certificated areas exist on the effective date of this act.

In order to form the natural gas district, the Board of Supervisors of Tallahatchie County must adopt a resolution that states that the gas district shall be formed on the date that a copy of the resolution is filed with the Secretary of State's office. The resolution must contain a description of the area included within the district and a statement that the district is being created pursuant to this act.

SECTION 2. Upon formation of the district pursuant to Section 1 of this act, the Tallahatchie County Natural Gas District shall be a valid political subdivision of the State of Mississippi, with the power to sue and be sued and to contract and be contracted with.

SECTION 3. The object and purpose of creating the Tallahatchie County Natural Gas District is to provide natural gas service to the residents of the area described in Section 1 of this act and to provide ways and means to carry out and accomplish such purpose, thereby benefiting and making more valuable the lands in the district and preserving and promoting the health, safety and convenience of the residents of the district. In order to carry out and render effective such object and purpose, the courts of this state shall construe this act as an exercise by the Legislature of all the power appertaining to it, necessary for the benefit of the health, safety and convenience of the residents of the district; and the necessity in the public interest of the state at large for the provision of this act is declared as a matter of legislative determination. All the terms and provisions of this act are to be construed liberally to effectuate the purposes set forth in this act, and all powers required to accomplish the purposes of this act are granted and conferred. SECTION 4. Upon formation of the Tallahatchie County Natural Gas District, the powers of the district shall be vested in and exercised by a board of commissioners, referred to in this act as the "commission." The commission shall be comprised of the five (5) members of the Board of Supervisors of Tallahatchie County, Mississippi, or, in the discretion of the board of supervisors, of five (5) persons who are residents of the district appointed by the board of supervisors. If the board of supervisors elects to appoint the commissioners, one (1) commissioner shall be appointed for an initial term of one (1) year; one (1) commissioner shall be appointed for an initial term of two (2) years; one (1) commissioner shall be appointed for an initial term of three (3) years; one (1) commissioner shall be appointed for an initial term of four (4) years; and one (1) commissioner shall be appointed for an initial term of five (5) years. Upon the expiration of the initial terms, all subsequent terms shall be for a period of five (5) years.

SECTION 5. The commission shall make such rules and regulations as it deems necessary for the operation of the district and the subsequent appointment of commissioners. The commission shall possess all necessary power and authority to construct and acquire a natural gas transmission and distribution system and to issue revenue bonds to finance the construction of the system. The amount of revenue bonds authorized to be issued shall not exceed an aggregate of Six Million Dollars ($6,000,000.00). Except as otherwise provided in this act, all powers with respect to natural gas transmission and distribution systems granted to municipalities of this state by Sections 21-27-11 through 21-27-69, Mississippi Code of 1972, including the issuance of revenue bonds, are conferred upon and may be exercised within the district by the commission as if the system and financing of the system were done pursuant to those sections.

SECTION 6. The commission may issue all bonds of the district, but before issuing any bonds, the commission must adopt a resolution declaring its intention to do so, stating the amount of the bonds proposed to be issued and the date upon which the commission proposes to direct the issuance of such bonds. The resolution must be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper qualified under the provisions of Section 13-3-31, Mississippi Code of 1972, in Tallahatchie County and having a general circulation in the district. The first publication of the resolution may not be made less than twenty-one (21) days before the date fixed in the resolution for the issuance of the bonds, and the last publication may not be made more than seven (7) days before that date. If ten percent (10%) or more of the users of the district file a written protest against the issuance of the bonds on or before the date specified in the resolution, then a referendum on the question of the issuance of the bonds shall be called and held in the manner to be provided by the commission by rules and regulations promulgated before the adoption of the resolution declaring the commission's intention to issue the bonds.

SECTION 7. For the purposes of Section 77-3-1, Mississippi Code of 1972, the gas transmission and distribution system of the district shall be deemed to be a municipal gas system not subject to the jurisdiction of the Mississippi Public Service Commission, except as otherwise provided by Section 77-3-1, Mississippi Code of 1972, and in this act. Notwithstanding any provision to the contrary, this act shall not be interpreted to extend authority to serve areas outside the service area described in Section 1 of this act.

SECTION 8. Any revenue bonds issued under this act may be submitted to validation under the provisions of Sections 31-13-1 through 31-13-11, Mississippi Code of 1972.

SECTION 9. No member of the Legislature, elected official or appointed official, or any partner or associate of any member of the Legislature, elected official or appointed official shall derive any income from the issuance of any bonds under this act.

SECTION 10. If any provision of this act is held to be invalid by any court of competent jurisdiction, the remainder of this act shall not be affected thereby.

SECTION 11. The Board of Supervisors of Tallahatchie County shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 12. The Mississippi Public Service Commission, notwithstanding any other provision of this act, shall have, with the prior consent of the Tallahatchie County Natural Gas District, power and authority to release any portion of the service area described in Section 1 herein from inclusion in the district should the commission with the consent of the district determine the district not to be reasonably able to provide gas service to such portion.

SECTION 13. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.