MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Local and Private

By: Senator(s) Turner

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF WEST POINT IN CLAY COUNTY, MISSISSIPPI, TO EXPAND ITS WATER AND SEWER SYSTEM WITHIN A CERTAIN DISTANCE OUTSIDE THE CORPORATE LIMITS OF THE CITY OF WEST POINT AND TO ACQUIRE THE ASSETS OF ANY EXISTING WATER AND SEWER SYSTEM OPERATING IN SUCH AREA; 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 West Point, Mississippi, in their discretion, may construct, expand, operate and maintain the water and sewer system of the City of West Point for a distance not to exceed twenty-five (25) miles from the corporate limits of the City of West Point and within Clay County, Mississippi. Whenever such water and sewer service is furnished to any consumer residing outside the corporate limits of the City of West 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 City of West Point.

(2) In connection with the construction, expansion, operation and maintenance of its water and sewer system within the area authorized under subsection (1), the City of West Point may acquire by agreement all or a portion of the assets of any utility district or other entity or organization operating a water and sewer system within such area, and the utility district, entity or organization may sell all or any portion of its facilities and assets to the City of West Point to the extent such transaction is consistent with the outstanding obligations, covenants and agreements of the utility district, entity or organization.

(3) 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, as to the requirements for obtaining a Certificate of Public Convenience and Necessity, the jurisdiction of the Public Service Commission to regulate rates or any other provisions of that law.

SECTION 2. This act shall take effect and be in force from and after its passage.