House Bill 1750

AN ACT TO AUTHORIZE THE CITY OF MAGNOLIA, MISSISSIPPI, AND THE CITY OF MCCOMB, MISSISSIPPI, TO ENTER INTO A COOPERATIVE AGREEMENT FOR A TERM OF NOT MORE THAN 35 YEARS FOR THE ESTABLISHMENT AND MAINTENANCE OF A SYSTEM FOR THE COLLECTION, TRANSPORTATION, TREATMENT AND DISPOSAL OF SEWAGE AND WASTEWATER; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act:

(a) "System" or "systems" means any plants, equipment, structures, facilities, and other real and personal property used or useful in the collection, storage, transportation, treatment or disposal of wastewater.

(b) "Wastewater" means water being disposed of by any person and which is contaminated with waste or sewage, including industrial, municipal and any other wastewater that may cause impairment of the quality of the waters in the state.

SECTION 2. (1) The governing authorities of the City of Magnolia, Mississippi, and the governing authorities of the City of McComb, Mississippi, are authorized and empowered, in their discretion, to enter into a cooperative agreement for a term of not more than thirty-five (35) years to establish and maintain a system of collection, transportation, treatment and disposal of sewage and wastewater, including pipelines, pumping stations, force mains and all other structures and facilities used for collecting and conducting wastewater to the McComb sewer treatment facility, which will serve as the final point for wastewater treatment and disposal. However, before an agreement executed pursuant to this act may become effective, a joint resolution of the governing authorities of the City of Magnolia and the City of McComb setting forth the agreement in its entirety must be adopted by and entered into the minutes of the governing authorities of both the City of Magnolia and the City of McComb.

(2) Any agreement executed by the City of Magnolia and the City of McComb pursuant to this act must include provisions addressing the following:

(a) The City of McComb must agree to accept the transport and treatment of the City of Magnolia's wastewater at a per gallon metered rate specified in the agreement.

(b) The City of Magnolia must agree to assume maintenance of sewer lines, lift stations and other infrastructure necessary to transport wastewater from Magnolia to McComb's sewer treatment facility, located south of McComb.

(c) The City of Magnolia must agree to take responsibility, after construction of the agreed-upon sewage and wastewater facilities, for the maintenance of water lines, lift stations and all other facilities to be located in the new Pike Metro Industrial Park, which will lead to the McComb regional wastewater facility.

(d) The City of Magnolia and the City of McComb must agree as to the allocation of the costs of operation of the facilities described in this act.

(3) The authority conferred by this act may not be construed as an exemption from the provisions of Title 77, Chapter 3, Mississippi Code of 1972, as to the requirements of obtaining a certificate of public convenience and necessity, the jurisdiction of the Public Service Commission to regulate rates or any other provision of that law.

SECTION 3. This act shall take effect and be in force from and after its passage.