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To: Local and Private
Legislation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Sanders
HOUSE BILL NO. 1870
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF BOLIVAR 1
COUNTY, MISSISSIPPI, TO ESTABLISH A UTILITY DISTRICT WITHIN THE 2
COMMUNITY OF CHOCTAW FOR THE PURPOSE OF OWNING, CONTROLLING, 3
OPERATING AND MAINTAINING THE CHOCTAW SEWER ASSOCIATION SYSTEM 4
FACILITIES; TO PROVIDE FOR THE POWERS AND DUTIES OF THE UTILITY 5
DISTRICT; TO AUTHORIZE THE BOARD OF SUPERVISORS OF BOLIVAR COUNTY 6
TO TRANSFER ASSETS AND OTHER PROPERTY TO THE DISTRICT, AND TO 7
CONTRIBUTE FUNDS AND SERVICES FOR THE REPAIR AND IMPROVEMENT OF 8
THE SEWER SYSTEM FACILITIES; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. As used in this act: 11
(a) "Board" means the board of supervisors of the 12
county. 13
(b) "Community" means the community of Choctaw in the 14
county. 15
(c) "County" means Bolivar County, Mississippi. 16
(d) "MDEQ" means the Mississippi Department of 17
Environmental Quality. 18
(e) "System" means the existing sewer system facilities 19
related to the Choctaw Sewer Association located in the community, 20
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including the lift station, treatment lagoon and pipes located in 21
the public rights-of-way and related facilities. 22
(f) "Utility district" means the utility district 23
created by the board under this act. 24
SECTION 2. The board is authorized, in its discretion, to 25
pay out of any available general funds of the county for the 26
purpose of repairing and improving the system located in the 27
community. The board may also apply for and use grant funds for 28
the same purposes herein. The board may undertake such repairs 29
and improvements through the use of county employees or by 30
contract with third parties. 31
SECTION 3. (1) Because of the continual disrepair, neglect 32
and inadequacy of the system, including the lack of a proper legal 33
body owning and operating the system, and for the public benefit 34
and necessity of the system's users, upon the board's 35
determination of the adequate repair and improvement of the 36
system, the board may initiate the incorporation of a utility 37
district under this section. However, Sections 19-5-151 through 38
19-5-167, Mississippi Code of 1972, shall not apply, as the 39
creation and formation of the utility district by the board shall 40
be exclusively as set forth in this section by adopting a 41
resolution determining the following: 42
(a) A statement that the public convenience and 43
necessity require the creation of the utility district for the 44
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purposes of owning, controlling, operating and maintaining the 45
system; 46
(b) The proposed boundaries of the district; 47
(c) The name of the district; 48
(d) A statement of whether or not the board shall 49
exercise its authority to levy the tax as provided in Section 50
19-5-189, Mississippi Code of 1972, and/or to make assessments as 51
provided in Section 19-5-191, Mississippi Code of 1972; 52
(e) The appointment by the board of a board of 53
commissioners to govern the utility district consisting of no 54
fewer than three (3) members and no more than five (5) members. 55
Upon their initial appointment, each commissioner shall serve a 56
term of two (2) years; thereafter, each commissioner shall be 57
appointed and shall hold office for a term of five (5) years. Any 58
vacancy occurring on the board of commissioners shall be filled by 59
the board at any regular meeting of the board, and the board shall 60
have the authority to fill the unexpired term of any commissioner. 61
Notwithstanding the appointing authority herein granted to the 62
board and any other authority granted in this act, the board's 63
legal and actual responsibilities, authority and function, 64
subsequent to the creation of the utility district, shall be 65
specifically limited to the appointing function and 66
responsibilities outlined in Sections 19-5-179, 19-5-189 and 67
19-5-191, Mississippi Code of 1972, except that the board shall 68
have authority to dissolve, redefine and reconfigure such utility 69
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district as may be appropriate to ensure the most appropriate and 70
efficient provision of services for the county's citizens. The 71
operation and management of the utility district, and all other 72
matters in connection therewith, shall be vested solely and only 73
in the board of commissioners to the specific exclusion of the 74
board. 75
(2) Upon the adoption by the board of the resolution as set 76
forth in this section, the utility district shall be created, and 77
it shall have, to the exclusion of any other entity, the sole and 78
exclusive authority, powers and responsibilities set forth in this 79
act and in Sections 19-5-169 through 19-5-207, Mississippi Code of 80
1972, unless otherwise stated herein, for the operation, 81
maintenance and improvement of the system. 82
SECTION 4. The utility district, by and through its board of 83
commissioners, shall also have the following additional powers and 84
authority: 85
(a) To be exempt from obtaining a certificate of 86
convenience and public necessity from the Mississippi Public 87
Service Commission for operation of the system as set forth in 88
Section 19-5-177, Mississippi Code of 1972, because the system has 89
previously been constructed; 90
(b) To contract for the operation and maintenance of, 91
and administrative services for, the system with any party deemed 92
reasonable, necessary and in the best interest of the customers of 93
the utility district; and 94
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(c) To collect delinquent sewer user fees by entering 95
into an agreement with any water association or other entity 96
supplying water to the premises of the customers of the utility 97
district, authorizing the water association to shut off the water 98
service of any of its customers who are sixty (60) days delinquent 99
in the payment of charges for sewer services provided by the 100
utility district. The utility district may pay reasonable fees to 101
the water association for the provision of such disconnection 102
services and any reasonably anticipated loss revenues to the water 103
association resulting from the disconnection of water services, 104
and may make any fee, rate or expense schedule associated 105
therewith to recoup funds from its customers for the provision of 106
such disconnection services. Any agreement entered into under 107
this paragraph (c) shall at a minimum: 108
(i) Require the utility district to notify the 109
water association, by a method agreeable to the utility district 110
and the water association, of any customer who also has sewer 111
service provided by the utility district who is delinquent in the 112
payment of sewer charges by sixty (60) days or more; 113
(ii) Provide that, upon receipt of a notification, 114
the water association shall shut off the water service of the 115
named customer until payment is made for the outstanding sewer 116
services that are due and owing to the utility district; 117
(iii) Provide that, upon satisfaction of the 118
delinquency and any fees and/or penalties connected with the 119
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delinquency and the discontinuation or reconnection of water 120
service, the water association shall restart the water service of 121
the customer; and 122
(iv) Provide that the utility district shall save 123
and hold harmless the water association against any and all claims 124
based on the disconnection of water service and any other 125
reasonable damages resulting from any action taken by the water 126
association acting under an agreement entered into under this 127
paragraph (c). 128
SECTION 5. Upon the creation of the utility district under 129
this act, the board is authorized, in its discretion, to transfer, 130
convey or donate any sewer, water and wastewater assets that it 131
may own related to the system, as well as any lands, rights, 132
easements, franchises and other property, real and personal, 133
including funds, necessary for the completion and operation of the 134
system to the utility district. 135
SECTION 6. Upon the creation of the utility district and 136
transfer of all relevant property and/or services stated in 137
Section 5 of this act, the county and/or the utility district 138
shall submit a Request for Transfer of Permit form to MDEQ to 139
remove the county from any National Pollutant Discharge 140
Elimination System permit and any other permit granted by MDEQ. 141
MDEQ shall accept such submission and grant the removal of the 142
county from any and all permits issued by MDEQ related to the 143
system. 144
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ST: Bolivar County; authorize to create utility
district to own, control, operate and maintain
Choctaw Sewer Association System.
SECTION 7. This act shall be liberally construed for the 145
purposes set forth herein, the powers granted being additional, 146
cumulative and supplemental to any power granted to the county or 147
any municipality or district therein by any general or local and 148
private act of the Legislature. 149
SECTION 8. This act shall take effect and be in force from 150
and after its passage. 151