½LED
JUN2 7
2016
BEFORE THE PUBLIC SERVICE COMMISSION
OF THE STATE OF MISSISSIPPI
BL/C
cokkissi
IN RE: JOINT APPLICATION OF THE
TURKEY CREEK WATER ASSOCIATION
AND THE CITY OF STARKVILLE,
MISSISSIPPI, TO CANCEL PORTIONS OF
THE TURKEY CREEK WATER
ASSOCIATION'S CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
TO BE SERVED BY THE CITY OF
STARKVILLE IN A SPECIFIED AREA IN
OKTIBBEHA COUNTY, MISSISSIPPI
DOCKET NO.
THE TURKEY CREEK WATER ASSOCIATION, AND
THE CITY OF STARKVILLE, MISSISSIPPI
PETITION
COME NOW the Petitioners, die Turkey Creek Water Association, a corporation duly
chartered, organized and existing by virtue of the laws of the State of Mississippi and domiciled in
Oktibbeha County, Mississippi and the City of Starkville, Mississippi, a municipality incorporated
under the laws of the State of Mississippi, and petition the Mississippi Public Service Commission
(the "Commission") that a portion of the Turkey Creek Water Association's Certificate of Public
Convenience and Necessity in a specified area in Oktibbeha County, Mississippi, be cancelled and
served by the City of Starkville, Mississippi, and in support thereof respectfully show the
Commission the following:
1.
The Turkey Creek Water Association is a Mississippi corporation duly chartered, organized
and existing under and by virtue of the Laws of the State of Mississippi. Petitioner's mailing
address is 449 Hillbrook Drive, Starkville, MS 39759.
I
* Electronic Copy * MS Public Service Commission * 6/18/2017 * MS Public Service Commission * Electronic
2.
The City of Starkville, Mississippi is a municipality incorporated under the laws of the State
of Mississippi. Petitioner's mailing address is 110 West Main St., Starkville, MS 39759.
3.
The Turkey Creek Water Association originally received a certificate to operate from this
Commission in Docket No. U-926, issued on the date of July 7*, 1964 and was issued an
amended certificate on May 21st, 1968 (U-926). The areas to be canceled total 36.70 acres
located in the Northwest Quarter
of Section 12, Township 18 North, Range 14 East,
Oktibbeha County, Mississippi, more particularly described as follows, to-wit:
TRACT 1
Commencing at a 1" iron pin found on the Northeast corner of Section 12, Township 18
North, Range 14 East, Oktibbeha County, Mississippi, run South a distance of 314.46', thence
West a distance of 3154.95' to a 1/2" Iron pin found and the Point of Beginning of the parcel
herein described. From said Point of Beginning, run generally along and contiguous to an existing
fence line S 00°10'00" E a distance of793.94' to a 1/2" iron pin found; thenceN 57°15'31" W a
distance of 420.14' to a 1/2" iron pin found, thenceN 57°15'31" W a distance of 213.35' to a 1/2"
iron pin set on an existing old fence; thence S 05°41'48" W a distance of 187.23' to a 1/2" iron pin
'
set on the North Right of Way of Oktoc Road (25' from centerline); thence along said Right of
Way N 57°28'54" W a distance of 512.15' to a 1/2" iron pin set; thence leaving said Right of Way
run N 02°52'58" E a distance of 279.99' to a 1/2" iron pin set at an existing old fence corner; thence
generally along and contiguous to said fence line N 02°31'02" E a distance of 271.34'to a 1/2" iron
pin found on the South Right of Way of Blackjack Road (30' from centerline), thence along said
Right of Way as follows N 89°27'10" E a distance of 255.40'; thence N 88°52'41" E a distance of
135.00'; thenceN
I
88°28'23" E a distance of 148.0Y to a point being delineated by a witness 1/2"
iron pin found 8.11' North of the actual corner (on line); thence leaving said Right of Way, run S
00°11'25" E a distance of 197.83'to a 1/2" iron pin found; thence N 89°56'40" E a distance of
2
I
I
* Electronic Copy * MS Public Service Commission * 6/18/2017 * MS Public Service Commission * Electronic
415.99' back to the point of beginning. Said parcel is located in the North Half of the Northwest
Quarterof Section 12, Township 18North, Range 14 East, Oktibbeha County, Mississippi, and
contains 15.10 acres.
TRACT 2
The following description is based on the Mississippi State Plane Coordinate System, East Zone,
NAD 83, grid values, US Feet, using a scale factor of 0.999950204610 and a grid to geodetic
azimuth angle of
(+)00 degrees01 minutes
26.95 seconds developed at the approximate center of
the following described parcel.
Commencing at a found 2" iron pipe located at the Northwest corner of Section 12, Township 18
North, Range 14 East, Oktibbeha County, Mississippi, said point identified as N 1435687.77, E
996543.99, on the above referenced coordinate system; thence South 58 degrees 31 minutes 18
seconds East a distance of 910.34 feet to a found 2" iron pipe on the South right-of-way line of a
public road known as Oktoc Road, said point identified as N 1435212.413, E 997320.359, on the
above referenced coordinate system; thence South 57 degrees 00 minutes 45 seconds East a distance
of 157.32 feet to a found 1/2" rebar, said point being the Point of Beginning of the herein described
tract; thence South 33 degrees 48 minutes 15 seconds West a distance of 315.93 feet to a found 1/2"
rebar; thence South 32 degrees 31 minutes 58 seconds West a distance of 21.19 feet to a found ½"
rebar; thence South 37 degrees 21 minutes 55 seconds West a distance of 137.64 feet to a found ½"
rebar; thence South 55 degrees 43 minutes 48 seconds West a distance of 89.71 feet to a found ½"
rebar; thence South 42 degrees 33 minutes 37 seconds West a distance of 78.77 feet to a found ½"
I
rebar; thence South 16 degrees 30 minutes 10 seconds West a distance of 155.52 feet to a found ½"
rebar; thence South 13 degrees 56 minutes 17 seconds West a distance of 143.60 feet to a found ½"
rebar; thence South 89 degrees 59 minutes 43 seconds East a distance of 395.75 feet to a found ½"
rebar; thence South 26 degrees 46 minutes 20 seconds West a distance of 385.69 feet to a found ½"
3
* Electronic Copy * MS Public Service Commission * 6/18/2017 * MS Public Service Commission * Electronic
rebar; thence North 89 degrees 52 minutes 51 seconds East a distance of 174.36 feet to a found ½"
rebar; thence South 31 degrees 16 minutes 28 seconds West a distance of 50.50 feet to a found ½"
rebar; thenceNorth 88 degrees 53 minutes 00 seconds East a distance of 827.65 feet to a found iron
stob; thence North 00 degrees 42 minutes 53 seconds West a distance of 685.90 feet to a found ½"
rebar on the South right-of-way line of said road; thence, along the South right-of-way of said road
the following calls and distances: North 57 degrees 21 minutes 12 seconds West a distance of
580.49 feet to a found right-of-way marker, North 32 degrees 16 minutes 15 seconds East a distance
of 20.00 feet to a set ½" rebar, North 57 degrees 43 minutes 45 seconds West a distance of 225.00
feet to a set ½" rebar, South 32 degrees 16 minutes 15 seconds West a distance of 5.00 feet to a set
½" rebar, North 57 degrees 43 minutes 45 seconds West a distance of 48.74 feet to a found ½" rebar
to the Point of Beginning, containing 21.60 acres, more or less, and lying in the Northwest Quarter
of Section 12, Township 18North, Range 14 East, Oktibbeha County, Mississippi.
Both tracts reside within one mile of the present corporate limits of the City of Starkville,
Mississippi.
4.
Petitioners attach, as Exhibit "A", a resolution by the Turkey Creek Water Association
requesting that the Commission cancel the specified areas.
5.
Petitioners attach, as Exhibit "B", a fully executed water purchase agreement dated
November 18*, 2014 referencing TRACT 1.
6.
Petitioners attach, as Exhibit "C", a resolution by the City of Starkville Board of Alderman
dated July 16*,2014 authorizing the Mayor to execute documents associated with this filing.
7.
Petitioners attach, as Exhibit "D", a fully executed amendment to the aforesaid water
purchase agreement dated February 186, 2016 adding TRACT 2.
4
* Electronic Copy * MS Public Service Commission * 6/18/2017 * MS Public Service Commission * Electronic
8.
Petitioners attach, as Exhibit "E", a certified copy of the February 2nd,2016 Starkville Board
of Alderman Meeting minutes authorizing the Mayor to execute documents associated with
i
this filing.
9.
Petitioners attach, as Exhibit "F", a letter from the City of Starkville Mayor, Parker
Wiseman, attesting to matters associated with this filing.
10.
Petitioners attach as Exhibit "G", a statement by John McWhorter, Board President, attesting
that the Turkey Creek Water Association is currently not serving any customers in the areas
to be cancelled.
9.
A list of interested persons as contemplated by the Commission's rules, along with a
Certificate of Notice to those persons, is attached as Exhibit "H".
10.
Petitioners attach as Exhibit "I", a map of the Turkey Creek certificated area indicating the
areas to be canceled.
11.
Petitioners attach, as Exhibit "J", a map of the areas to be cancelled and their respective
distances from the city limits of the City of Starkville.
The public convenience and necessity will be best served by granting the Petitioners the
relief prayed for in this Petition; that the City of Starkville, Mississippi is willing and able to
i
i
provide safe and reliable water service to customers within the subject area; and it is in the best
interest of the customers, as well as the general public, to grant the cancellation of portions of the
Certificate of Public Convenience and Necessity held by the Turkey Creek Road Water Association
to be served by the City of Starkville, Mississippi. The Petitioners further pray that should this filing
-
I
not be in full technical compliance with the applicable rules, any such non-compliance, if any, be
,
waived as not material, and this filing deemed sufficiently in compliance for consideration by the
COMMMISSION.
I
5
i
* Electronic Copy * MS Public Service Commission * 6/18/2017 * MS Public Service Commission * Electronic
WHEREAS, PREMISES CONSIDERED, the Petitioners pray that after due and proper
notice has been given in the time and manner required by law, a portion of the Certificate of Public
Convenience and Necessity issued by the Commission unto the Turkey Creek Water Association
should be cancelled and served by City of Starkville, Mississippi.
The Petitioners pray for general relief.
Respectfully submitted this, the
y of
,
BY:
2016.
Mitchell, McNutt & Sams
P. O. Box 1366
Columbus, MS 39703-1366
Phone: (662) 328-2316
Fax: (662) 328-8035
Email: [email protected]
BY:
I
CHRIS LATIMER, ATTORNEY
I
I
I
I
I
I
I
6
* Electronic Copy * MS Public Service Commission * 6/18/2017 * MS Public Service Commission * Electronic
CHRIS LATIMER, ATTORNEY
Mitchell, McNutt & Sams
P. O. Box 1366
Columbus, MS 39703-1366
Phone: (662) 328-2316
Fax: (662) 328-8035
Email: [email protected]
I
CERTIFICATE OF SERVICE
I, Chris Latimer, of Mitchell, McNutt and Sams, do hereby certify on this day that I have
caused to be hand-delivered the original and twelve (12) copies of the above and foregoing Petition
to Katherine Collier, Executive Secretary of the Mississippi Public Service Commission, Suite
201A, 501 N. West Street, Jackson, Mississippi 39201, and that in the filing of said Petition, I have,
to the best of my knowledge, complied with sections 6.102- 6.113 of the Commission's Rules of
Practice
he
ay of
,
2016.
CHRIS LATIMER, ATTORNEY
I
I
I
I
I
I
I
7
* Electronic Copy * MS Public Service Commission * 6/18/2017 * MS Public Service Commission * Electronic