House Bill 590

AN ACT TO AMEND CHAPTER 666, LOCAL AND PRIVATE LAWS OF 1950, TO RECONSTITUTE THE BOARD OF DIRECTORS OF THE CHICKASAWHAY NATURAL GAS DISTRICT; TO PRESCRIBE THE TIME, MANNER AND PROCEDURE FOR ELECTING NEW BOARD MEMBERS; TO PROVIDE FOR THE COMPENSATION OF BOARD MEMBERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Chapter 666, Local and Private Laws of 1950, is amended as follows:

Section 1. That the Chickasawhay Natural Gas District, composed of the towns of Quitman and Shubuta in Clarke County and the town of Waynesboro in Wayne County, as organized on the fifteenth day of February, 1950, pursuant to ordinances adopted, respectively, by the mayors and boards of aldermen of said municipalities, shall be and the said Chickasawhay National Gas District is hereby declared to be a valid political subdivision of the State of Mississippi, with power to sue and be sued, and the organization and creation thereof pursuant to the aforesaid ordinance is hereby ratified and confirmed.

Section 2. That the ordinances adopted, respectively, by the mayors and board of aldermen of the aforesaid municipalities and providing for the organization of the aforesaid district shall be and the said ordinances are hereby declared to be valid and lawful.

Section 3. That the proceedings had by the majors of the aforesaid municipalities, acting as the board of directors of the aforesaid district, on the fifteenth day of February, 1950, including all resolutions then adopted and all contracts then authorized, shall be and the said proceedings, resolutions and contracts are hereby declared to be valid and lawful.

Section 4. That any and all defects, omissions or irregularities which occurred in the proceedings of said mayors, boards of aldermen, and board of directors with reference to the organization and creation of said district and in the transaction of business therefor, be and the same are hereby in all respects cured.

Section 5. That said district shall continue to exist as a political subdivision of the State of Mississippi and shall possess, and is hereby granted, all power and authority to construct and install a natural gas supply, transmission and distribution system, conferred upon municipalities by Chapter 317, Laws of Mississippi, 1934, being Sections 3537 and 3538, Code of 1942, as amended by Chapter 320 of the Laws of 1948, and all powers authorized by Chapter 317, Laws of Mississippi, 1934, as amended, to be exercised by municipalities of the State of Mississippi with respect to the construction and installation of gas supply, transmission and distribution systems are hereby conferred upon and may be exercised by the aforesaid Chickasawhay Natural Gas District. Provided, however, that it shall not be necessary to submit the question of the issuance of gas system revenue bonds to the qualified electors of said district.

Section 6. From and after October 1, 2004, the mayors of the three (3) municipalities shall cease to serve as members of the district's board of directors. Thirty (30) days before such date, the district shall conduct an election for successor members of the board. In the election, one (1) member of the board shall be elected by the users of the district's services from each of the three (3) municipalities, one (1) member of the board shall be elected from the users of the district's services in Clarke County and one (1) member of the board shall be elected from the users of the district's services in Wayne County. All elected directors shall take office on October 1, 2004, and shall serve for a term of four (4) years. The successors to those members who are elected for a term beginning on October 1, 2004, shall be elected thirty (30) days before the expiration of the incumbent's term.

Any user served by the district shall be eligible to have his name placed upon the ballot for membership on the board of directors by filing a request with the district at any of the offices of the district not less than sixty (60) days before the election; however, such person must reside in the municipality or that part of the county where he or she seeks to be elected.

The election for all members shall be conducted at the same time and in the same manner. Ballots shall be distributed by the district to each household and business customer of the district at least fifteen (15) days before the election. Any user who resides in one of the three (3) municipalities within the district shall be eligible to vote only for a member of the board who resides in the same municipality. Any user served by the district who is a resident of a county within the district but who does not reside within a municipality in the district shall be eligible to vote only for a member of the board who resides in same county but who does not reside within a municipality in the district. Each household and each business customer served by the district shall be entitled to only one (1) vote in the election. The person receiving the most votes for the position for which he seeks election shall be declared the winner.

From and after the effective date of House Bill No. 590, 2004 Regular Session, all members of the board shall receive compensation in the amount authorized under Section 25-3-69, Mississippi Code of 1972, for each day of actual service rendered to the district plus travel expenses not to exceed the amount authorized under Section 25-3-41, Mississippi Code of 1972.

SECTION 2. The Board of Directors of the Chickasawhay Natural Gas District 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 3. 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.