2016 Regular Session
To: Public Utilities
By: Representative Guice
AN ACT TO AMEND SECTION 49-17-733, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE BOARD OF DIRECTORS FOR THE JACKSON COUNTY UTILITY AUTHORITY; TO PROVIDE THAT CERTAIN ACTION MUST BE TAKEN BEFORE A DIRECTOR IS REMOVED; TO PROVIDE THAT ANY CHANGES IN RATE OR FEES MUST BE APPROVED BY THE BOARD OF SUPERVISORS OF JACKSON COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-17-733, Mississippi Code of 1972, is amended as follows:
49-17-733. (1) Upon creation of the Jackson County Utility Authority, all powers of the Jackson County Utility Authority shall be exercised by the Board of Directors of the Mississippi Gulf Coast Regional Wastewater Authority.
(2) Upon consolidation of
the Jackson County Utility Authority and the Mississippi Gulf Coast Wastewater
Authority, the county authority shall be governed by a board * * * of * * * directors. From and after July 1,
2016, the board shall be reconstituted to be composed of nine (9) directors.
The directors serving before July 1, 2016, shall serve until July 1, 2016;
however, those directors who were appointed by the Board of Supervisors of
Jackson County before July 1, 2016, may continue to serve until the expiration
of their terms as prescribed under paragraph (e) of this section.
The nine (9) board of directors for the utility authority shall be reconstituted as follows:
(a) * * * The City of Pascagoula
shall appoint one (1) director who resides within the City of Pascagoula for an
initial term of two (2) years.
(b) The City of Moss Point shall appoint one (1) director who resides within the City of Moss Point for an initial term of two (2) years.
(c) The City of Ocean Springs shall appoint one (1) director who resides within the City of Ocean Springs for an initial term of three (3) years.
( * * *d) The City of Gautier shall appoint
one (1) director who resides within the City of Gautier for an initial term of
three (3) years.
( * * *e) The Board of Supervisors of Jackson
County shall appoint * * * five (5) additional directors for an initial term of * * * three
(3) years who reside within the unincorporated area of Jackson County. For
the initial appointment, three of the five appointments may be directors who
were serving as directors before July 1, 2016, and these directors may serve
until the expiration of their terms. After the expiration of the their terms,
the board may make appointments for those directors whose terms have expired.
(3) (a) After expiration
of the initial terms, all appointed directors shall serve a term of six (6)
years * * *;
however, any director may be removed if seven (7) of the nine (9) directors
vote for such removal after first having been given an opportunity for a
hearing on the reasons for the removal. If a director is removed, then the
appointing authority shall have 15 days to replace the director.
(b) No director shall hold an elected public office.
(4) Before the authority may implement any budget or change any rates or fees, the Board of Supervisors of Jackson County shall approve such implementation or change.
( * * *5) In addition to any other powers and
rights conferred upon such board of directors, the board is granted and may
exercise all powers and rights granted pursuant to Sections 49-17-739 through
49-17-773 to promote the health, welfare and prosperity of the general public.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.