Petition for ReHearing — Green v. Cleary Water, Sewer & Fire District

iA 2

No. 09-722

In The

Supreme Court of the United States

HAROLD GREEN,

Petitioner,

V.

CLEARY WATER, SEWER AND FIRE DISTRICT,

Respondent.

On Petition For Writ Of Certiorari

To The Mississippi Supreme Court

PETITION FOR REHEARING

HAROLD GREEN

Pro Se

558 Mullican Road

Florence, MS 39073

601-845-6378

TABLE OF CONTENTS

REASONS FOR GRANTING REHEARING......... 1

I. Aconstituted issue concerning the Missis-

sippi Courts and Public Service Commission

denying the Petitioner equal protection of

COND DOE oa vn sn cascossstgets oneonenearaes eee 1

II. A constituted issue concerning the “De-

centralized Wastewater Use Ordinance “of”

Cleary Water, Sewer and Fire District. The

WE CIO op isinsiccis es scssassnsorecntqstoieeeee 2

CE rE i icin tcvsiccnsscsaccascrvassckecuevtenvanel eee 8

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APPENDIX

Exhibit-1 — Bill of Rights - USC — S2-1.............. App. 1

Exhibit-2 — 14th Amendment — USC — S2-3....... App. 4

Exhibit-3 — Article 3 Sec. 17 — M.C. — §1-2......... App. 6

=xhibit-5 — Mandate USSC app. 17 item 24....App. 13

Exhibit-6 ~— Tsecentralized Wastewater Use Or-

ERI Fes scesicti ncertcokensnetectnerieane App. 15

Exhibit-7 — Cleary’s application for Supple-

mental Certificate — D-1-3.........0....... eseraneen App. 19

Exhibit-8 — Definition of a Sewerage System

CEERI BB+ ETB) PR osicincccncvensacacssvaavaisevvens App. 23

il

TABLE OF CONTENTS — Continued

Page

Exhibit-9 — Order granting Supplemental Cer-

i iisavesscvesssevenesseascsernevencesee App. 27

Exhibit-10 — Rankin County News Aug. 28,

Near iasssasbennaesvnssnovssasevesnsssecassee App. 32

Exhibit-11 — Minutes of Cleary board meeting

Been Oey BOOS = E1127 ........000scscsercsscececcnveces App. 37

Exhibit-12 — Rule 2 K-3 — Our — Q2.................. App. 39

Exhibit-13 — Appendix “A” Schedule 2 — Q14.... App. 42

Exhibit-14 — Sanitary Sewer Use Ordinance —

ta cdicscakesosssnusecsssncevssencoeieeessences App. 45

Exhibit-15 — First letter from Cleary 9-14-2001

as airaiscachacessaseseseseseccevaseesveesscevose App. 48

Exhibit-16 — Financial report 2000-2006 —-

cui diiacssunseusnsneneoncesscensccenvans App. 58

ul

TABLE OF AUTHORITIES

United States Constitution — 5th Amendment........ 2,5

United States Constitution — 14th Amendment...... 1,4

Mississippi State Constitution — Article 3, Sec-

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1

PETITION FOR REHEARING

We respectfully ask this court for a rehearing

because of the constitutional issues involved that this

court only, has Authority.

REASONS FOR GRANTING REHEARING

I. A constituted issue concerning the Missis-

sippi Courts and Public Service Commis-

sion denying the Petitioner equal protec-

tion of the law

We have petitioned eight years for a hearing on

the method in which Cleary obtained a Supplemental

CCN Certificate from the Public Service Commission,

without success.

The Courts of Mississippi have refused to accept

our documented evidence as proof of wrong doing by

Cleary and the P.S.C. (Exhibit-3)

As documented evidence of the statement made

above we present the following. In the Supreme

Court mandate (app. 17, item 24) in part, quote “The

allegations against Cleary are of no event.” (Exhibit-

5)

We have not received equal protection of the

laws. (14th Amendment) (Exhibit-2)

2

II. A constituted issue concerning the “De-

centralized Wastewater Use Ordinance “of”

Cleary Water, Sewer and Fire District. The

Taking Clause

Cleary’s “Decentralized Wastewater Use Ordi-

nance” contains the “Taking Clause” for new installa-

tions. (5th Amendment) (Exhibit-1) Thereby taking

our Grandchildren’s property. (Exhibit-6)

The Constitution of the State of Mississippi also

has a similar “Taking Clause”. (Article 3 Section 17)

(Exhibit-3)

(SC) indicates the Supreme Court of Mississippi

(HG) indicates Harold Green

From the Supreme Court of Mississippi of the

mandate issued app. 17, item 24, there are several

points we would like to clarify. (Exhibit-5)

(SC) “Green’s central complaint is that Cleary

pulled a “bait and switch” on him and the other

petitioners, by claiming it would construct a sewer

system for the area, while having no intent to do so.”

(HG) The complaint was and is that false state-

ments were made by CWSFD to obtain the Supple-

mental CCN Certificate they hold. The application is

as follows, “Application of Cleary Water, Sewer and

Fire District, to enlarge its certificated area for sewer

service to make said area identical to its certificated

area for water and fire protection.” (Exhibit-7) This

area to be identical with has a centralized sewage

3

disposal plant constructed in 1980 for the private

community of Cleary Heights. Item 8 of application

states “The Cleary Water, Sewer and Fire District is

agreeable to operating a water, sewer and fire utility

system to serve the residents of the entire area, upon

approval and authorization from the Commission.”

Item 5 of application states “The financial reports of

Cleary are on file with the Commission. The expan-

sion of the sewer service area will not jeopardize the

financial well being of Cleary” (Exhibit-16). The

Statute of Definition is (49-17-5) 1C “Sewerage Sys-

tem” means “pipelines or conduits, pumping stations

and force mains, and other structures, devices, appur-

tenances and facilities used for collecting or conduct-

ing wastes to an ultimate point for treatment or

disposal.” (Exhibit-8)

(SC) “Cleary’s manager said in a newspaper

article as early as 2002, that the decentralized sewer

system” “was not something we did overnight. This

was two or three years in the making.” “Cleary’s

manager also said that a centralized system would

cost approximately $17,000 per home.” (Exhibit-10)

(HG) CWSFD knew one year (1999) before

applying for a certificate they could not and were not

going to construct a sewage treatment plant so as to

furnish sewer service to the residents of this new

area. (Exhibit-11)

(HG) On September 18, 2000, the CWSFD re-

ceived this order from the Public Service Commission

“order granting Supplemental Certificate of public

4

convenience and necessity.” This order states no less

than five times “authorizing it to construct, operate

and maintain a sewer system” and four times to “fur-

nish sewer service.” (Exhibit-9)

(SC) “The allegations against Cleary are of no

event, for even if the chancellor had granted them

credence, they do not alter the fact that the appeal

was untimely filed.”

(HG) The word “allegation” is “a statement

offered without proof.” The word “event” is “especially

one of some significance.” The word “credence” is

“acceptance as true or valid.”

When we make a statement we try to place proof

where it can be found, sometimes it’s only a quote, at

others the whole document. Case in point, the above

items. The word “event” has a great deal of signifi-

cance to us. The word “credence” is a person’s integ-

rity which also means a great deal to us. If we

interpret the Justice correctly, he is stating we are

making up stories that have no meaning and are lies.

(HG) “They do not alter the fact that the appeal

was untimely filed” about four years late. In Cleary’s

application (Exhibit-7), we the “water only custom-

ers,” were not listed as “Interested Persons” (Exhibit-

4) as required by (Rule 2 K) and (appendix “A” —

Schedule 2, item 13) (Exhibit-12-13). Therefore,

denied our “civil rights” guaranteed in the (14th

Amendment) (Exhibit-2) as equal protection of the

Laws. Cleary made a decision that we were not eli-

gible to be listed as Interested Persons thereby

5

preventing us from being a participant in the certif-

icate proceedings, when in fact we met the require-

ments because the entire certificate process involves

each one of us “Personally” and “Property” our “Fi-

nances” and the “Taking Clause” of the 5th Amend-

ment.

The problem in this case began with Cleary’s

application that we have written briefly elsewhere in

this brief. We would like to consider the impact on our

lives by Cleary’s decision not to list its Water Only

Customers as Interested Persons. The Laws govern-

ing Certificate proceedings are known as “Public

Utilities Rules of Practice and Procedure” dated Feb-

ruary 15, 1994. The administrator being the Missis-

sippi Public Service Commission.

The Rules most important to our case are (Rules

2, 3, 7, 11 and appendix “A” Schedule 2) because they

are used to determine who is eligible to be called,

“Interested Persons.” Rules 2 K-3 quote “In pro-

ceedings filed by non-utilities or proceedings initiated

by the Commission, the Commission Staff or the

MPUS, any person having a substantial interest in

the subject matter of the proceeding or whose rights

and liabilities may be materially affected thereby.”

We meet those requirements because Cleary

states in their application they will construct, operate

and maintain a sewerage treatment and disposal

piant so as to furnish sewer service to the water only

customers. Shortly before petitioning for a certificate,

Cleary passed a “Sanitary Sewer Use Ordinance”

6

requiring property owners to connect to this proposed

new sewer system as soon as available. This would

cost at minimum $5,000 to each property owner.

(Exhibit-14)

Appendix “A” Schedule 2, item 13, requirements

are quote “an exhibit listing the names and addresses

of all interested persons as defined in Rule 2K of the

Commission’s Rules of Practice and Procedure to-

gether with a certificate that the filing utility has

served a notice of the filing upon each.” We have also

met these requirements to be listed as interested

persons. However, Cleary decided we were not eligible

and did not list the Water Only Customers as such so

Cleary did not inform us of their application for a

Certificate as required by (item 13) and (Rule 2 K3).

By not being listed as interested persons, we were

denied our civil rights to participate in the Certificate

proceedings. Furthermore, Justice Randolph stated

on app. 15, item 21 quote “Further, as Green was not

a party to the grant of the supplemental CCN, he

may not appeal from that decision.” He also stated on

app. 17 item 24 quote “the appeal was untimely filed.”

Cleary, the P.S.C. and the Chancery Court all agree

we have no standing. Cleary did file a timely notice in

the Jackson Clarion-Ledger newspaper on June 21,

2000. We have a copy of this but not one from Rankin

County News. We did not see either of these notices

or any others. Some may have but we have not

spoken to any.

We were denied access to this proceeding first by

Cleary not listing us as Interested Persons and next

7

by the P.S.C. for not enforcing the Public Utilities

Rules of Practice and Procedure, it certainly would

have been in the public interest. The first time we

knew anything was amiss, was the letter from Cleary

dated Sept. 14, 2001. (Exhibit-15).

What a surprise and after reading, shock, to

learn Cleary applied for and received a Certificate to

construct, operate and maintain a sewerage treat-

ment plant so as to furnish sewer service to us. The

shock quickly turned to anger as we read that a

Decentralized Wastewater Use Ordinance had been

passed and put into effect without any of the

recipients being aware. This is unbelievable but true.

After 10 years we still find it hard to believe any-

one could or would destroy what has taken 234 years

and millions of lives to build.

The previous briefs and this one are Pro Se. Not

because of some misguided thought of a high intellect,

which was dispensed with in early childhood, but

because of the financial burden. We did seek legal

help from Mississippi Center for Legal Services Cor-

poration but were informed their office was unable to

assist us. Though uneducated, especially in law, we

do believe in our Constitutional form of government

and strive for its continuation and to honor those who

have given their all for that cause.

8

CONCLUSION

In the Supreme Court of Mississippi, mandate

app. 17 stating “The allegations against Cleary are of

no event” and that we “made statements against

Cleary without proof” is arbitrary. That we were not

listed as Interested Persons, as required by law, is an

indisputable fact. (Exhibit-12 — Rule 2 K3 — Our Q2)

(Exhibit-13 — Appendix “A” Schedule 2, Our ~ Q14). It

is incomprehensible that anyone would make such a

statement when in fact the entire certificate process

from application to the Decentralized Wastewater

Use Ordinance affects the Water Only Customers of

Cleary. It affects our right to be present at the Cer-

tificate hearing. We are liable for all things concern-

ing our property both materially and monetarily.

Some of our rights are, (1) first we were not listed as

Interested Persons. (2) We were denied the right to

participate in the certificate proceedings. (3) By not

being a participant in the Supplemental CCN, we

cannot appeal from that decision, (app. 15 item 21).

(4) Because of the above items, the 30 day time limit

to file expired.

Cleary’s stated goal, verified by the Decentralized

Wastewater Use Ordinance is to take ownership of

our individual onsite wastewater disposal system.

They have made a modification to the existing units

temporarily. In new installations, Cleary installs the

unit, the new owner pays at least $5,000, Cleary

takes ownership then charges the owner a monthly

fee to use. (Exhibit-6 — Our — E3-6) (Exhibit-1, Taking

Clause.) This is a mad tyrannical rush to take over

9

our property and ultimately every “Individual Onsite

Wastewater Disposal System” in Mississippi. De-

stroying the most important truth, the Constitution,

that guarantees Life, Liberty and the pursuit of

happiness knowing their house or property cannot be

taken except for Public use and then not without just

compensation.

Not only does Cleary’s Decentralized Wastewater

Use Ordinance take our property, they charge a fee to

use it. Unbelieveable. For the above and other rea-

sons that can be brought to light from a Writ of

Certiorari, we humbly ask this Court to grant a

rehearing, for you are the last hope we have of any

future freedom.

Respectfully submitted,

HAROLD GREEN

Pro Se

558 Mullican Road

Florence, MS 39073

601-845-6378

10

CERTIFICATION

The foregoing petition for rehearing is presented

in good faith and not for purpose of delay. This

petition for rehearing is restricted to the grounds set

out in Rule 44.2.

HAROLD L. GREEN

Pro Se

App. l

EXHIBIT 1

U.S. Constitution

Bill of Rights

Amendment I

Congress shall make no law respecting an estab-

lishment of religion, or prohibiting the free exercise

thereof; or abridging the freedom of speech, or of the

press; or the right of the people peaceably to assem-

ble, and to petition the government for a redress of

grievances.

Amendment II

A well regulated militia, being necessary to the secu-

rity of a free state, the right of the people to keep and

bear arms, shall not be infringed.

Amendment ITI

No soldier shall, in time of peace be quartered in any

house, without the consent of the owner, nor in time

of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons,

houses, papers, and effects, against unreasonable

searches and seizures, shall not be violated, and no

warrants shall issue, but upon probable cause, sup-

ported by oath or affirmation, and particularly de-

scribing the place to be searched, and the persons or

things to be seized.

App. 2

Amendment V

No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment

or indictment of a grand jury, except in cases arising

in the land or naval forces, or in the militia, when in

actual service in time of war or public danger; nor

shall any person be subject for the same offense to be

twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness

against himself, nor be deprived of life, liberty, or

property, without due process of law; nor shall private

property be taken for public use, without just com-

pensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy

the right to a speedy and public trial, by an impartial

jury of the state and district wherein the crime shall

have been committed, which district shall have been

previously ascertained by law, and to be informed of

the nature and cause of the accusation; to be con-

fronted with the witnesses against him; to have com-

pulsory process for obtaining witnesses in his favor,

and to have the assistance of counsel for his defense.

Amendment VII

In suits at common iaw, where the value in contro-

versy shall exceed twenty dollars, the right of trial by

jury shall be preserved, and no fact tried by a jury,

shall be otherwise reexamined in any court of the

United States, than according to the rules of the

common law.

App. 3

Amendment VIII

Excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishments

inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights,

shall not be construed to deny or disparage others

retained by the people.

Amendment X

The powers not delegated to the United States by the

Constitution, nor prohibited by it to the states, are

reserved to the states respectively, or to the people.

App. 4

EXHIBIT 2

U.S. Constitution

Amendment XIV

Section 1. All persons born or naturalized in the

United States, and subject to the jurisdiction thereof,

are citizens of the United States and of the state

wherein they reside. No state shall make or enforce

any law which shall abridge the privileges or immu-

nities of citizens of the United States; nor shall any

state deprive any person of life, liberty, or property,

without due process of law; nor deny to any person

within its jurisdiction the equal protection of the

laws.

Section 2. Representatives shall be apportioned

among the several states according to their respective

numbers, counting the whole number of persons in

each state, excluding Indians not taxed. But when the

right to vote at any election for the choice of electors

for President and Vice President of the United States,

Representatives in Congress, the executive and judi-

cial officers of a state, or the members of the legisla-

ture thereof, is denied to any of the male inhabitants

of such state, being twenty-one years of age, and

citizens of the United States, or in any way abridged,

except for participation in rebellion, or other crime,

the basis of representation therein shall be reduced in

the proportion which the number of such male citi-

zens shall bear to the whole number of male citizens

twenty-one years of age in such state.

App. 5

Section 3. No person shall be a Senator or Repre-

sentative in Congress, or elector of President and Vice

President, or hold any office, civil or military, under

the United States, or under any state, who, having

previously taken an oath, as a member of Congress,

or as an officer of the United States, or as a member

of any state legislature, or as an executive or judicial

officer of any state, to support the Constitution of the

United States, shall have engaged in insurrection or

rebellion against the same, or given aid or comfort to

the enemies thereof. But Congress may by a vote of

two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the

United States, authorized by law, including debts

incurred for payment of pensions and bounties for

services in suppressing insurrection or rebellion, shall

not be questioned. But neither the United States nor

any state shall assume or pay any debt or obligation

incurred in aid of insurrection or rebellion against the

United States, or any claim for the loss or emanci-

pation of any slave; but all such debts, obligations

and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce,

by appropriate legislation, the provisions of this arti-

cle.

App. 6

EXHIBIT 3

CONSTITUTION OF THE

STATE OF MISSISSIPPI

(Adopted Nov. 1, A.D., 1890)

PREAMBLE

We, the people of Mississippi in convention assem-

bled, grateful to Almighty God, and invoking his

blessing on our work, do ordain and establish this

Constitution.

ARTICLE 3

BILL OF RIGHTS

[NOTE: There is no sections 1-4 of article 3]

Sec. 5. All political power invested in, and derived

from, the people; all government of right originates

with the people, is founded upon their will only, and

is instituted solely for the good of the whole.

Sec. 6. The people of this state have the inherent,

sole, and exclusive right to regulate the internal gov-

ernment and police thereof, and to alter and abolish

their constitution and form of government whenever

they decm it necessary to their safety and happiness;

Provided, such change be not repugnant to the

constitution of the United States.

Sec. 7. The right to withdraw from the Federal

Union on account of any real or supposed grievance,

shall never be assumed by this state, nor shall

any law be passed in derogation of the paramount

App. 7

allegiance of the citizens of this state to the govern-

ment of the United States.

Sec. 8. All persons resident in this state, citizens of

the United States, are hereby declared citizens of the

state of Mississippi.

Sec. 9. The military shall be in strict subordination

to the civil power.

Sec. 10. Treason against the state shall consist only

in levying war against the same or in adhering to its

enemies, giving them aid and comfort. No person shall

be convicted of treason unless on the testimony of two

witnesses to the same overt act, or on confession in

open court.

Sec. 11. The right of the people peaceably to assem-

ble and petition the government on any subject shall

never be impaired.

Sec. 12. The right of every citizen to keep and bear

arms in defense of his home, person, or property, or in

aid of the civil power when thereto legally summoned,

shall not be called in question, but the legislature

may regulate or forbid carrying concealed weapons.

Sec. 13. The freedom of speech and of the press shall

be held sacred; and in all prosecutions for libel the

truth may be given in evidence, and the jury shall

determine the law and the facts under the direction of

the court; and if it shall appear to the jury that the

matter charged as libelous is true, and was published

with good motives and for justifiable ends, the party

shall be acquitted.

App. 8

Sec. 14. No person shall be deprived of life, liberty,

or property except by due process of law.

Sec. 15. There shall be neither slavery nor in-

voluntary servitude in this state, otherwise than as

punishment for crime, whereof the party shall have

been duly convicted.

Sec. 16. Ex post facto laws, or laws impairing the

obligation of contracts, shall not be passed.

Sec. 17. Private property shall not be taken or dam-

aged for public use, except on due compensation being

first made to the owner or owners thereof, in a man-

ner to be prescribed by law; and whenever an attempt

is made to take private property for a use alleged to

be public, the question whether the contemplated use

be public shall be a judicial question, and, as such,

determined without regard to legislative assertion that

the use is public.

Sec. 18. No religious test as a qualification for office

shall be required; and no preference shall be given by

law to any religious sect or mode of worship; but the

free enjoyment of all religious sentiments and the

different modes of worship shall be held sacred. The

rights hereby secured shall not be construed to justify

acts of licentiousness injurious to morals or danger-

ous to the peace and safety of the state, or to exclude

the Holy Bible from use in any public school of this

state.

Sec. 19. Human life shall not be imperiled by the

practice of dueling; and any citizen of this state who

App. 9

shall hereafter fight a duel, or assist in the same as

second, or send, accept, or knowingly carry a

challenge therefor, whether such an act be done in

the state, or out of it, or who shall go out of the state

to fight a duel, or to assist in the same as second, or

to send, accept, or carry a challenge, shall be

disqualified from holding any office under this

Constitution, and shall be disfranchised.

Sec. 20. No person shall be elected or appointed to

office in this state for life or during good behavior, but

the term of all officers shall be for some specified

period.

Sec. 21. The privilege of the writ of habeas corpus

shall not be suspended, unless when in the case of

rebellion or invasion, the public safety may require it,

nor ever without the authority of the legislature.

Sec. 22. No person’s life or liberty shall be twice

placed in jeopardy for the same offense; but there

must be an actual acquittal or conviction on the

merits to bar another prosecution.

Sec. 23. The people shall be secure in their persons,

houses, and possessions from unreasonable seizure or

search; and no warrant shall be issued without proba-

ble cause, supported by oath or affirmation, specially

designating the place to be searched and the person

or thing to be seized.

Sec. 24. All courts shall be open; and every person

for an injury done him in his lands, goods, person, or

reputation, shall have remedy by due course of law,

App. 10

and right and justice shall be administered without

sale, denial, or delay.

Sec. 25. No person shall be debarred from prose-

cuting or defending any civil cause for or against him

or herself, before any tribunal in the state, by him or

herself, or counsel, or both.

Sec. 26. In all criminal prosecutions the accused

shall have a right to be heard by himself or counsel,

or both, to demand the nature and cause of the accu-

sation, to be confronted by the witnesses against him,

to have compulsory process for obtaining witnesses in

his favor, and, in all prosecutions by indictment or

information, a speedy and public trial by an impartial

jury of the county where the offense was committed;

and he shall not be compelled to give evidence against

himself; but in prosecutions for rape, adultery, forni-

cation, sodomy or the crime against nature the court

may, in its discretion, exclude from the courtroom all

persons except such as are necessary in the conduct of

the trial.

Sec. 27. No person shall for any indictable offense,

be proceeding against criminally by information, ex-

cept in cases arising in the land or naval forces, or the

military when in actual service, or by leave of the

court for misdemeanor in office; but the legislature, in

cases not punishable by death or by imprisonment in

the penitentiary, may dispense with the inquest of the

grand jury, and may authorize prosecutions before

justices of the peace, or such other inferior court or

App. 11

courts as may be established, and the proceedings in

such cases shall be regulated by law.

Sec. 28. Cruel or unusual punishment shall not be

inflicted, nor excessive fines imposed.

Sec. 29. Excessive bail shall not be required, and all

persons shall, before conviction, be bailable by suffi-

cient sureties, except for capital offenses when the

proof is evident or presumption great.

Sec. 30. There shall be no imprisonment for debt.

Sec. 31. The right of trial by jury shall remain in-

violate, but the legislature may, by enactment, pro-

vide that in all civil suits tried in the circuit and

chancery court, nine or more jurors may agree on the

verdict and return it as the verdict of the jury.

Sec. 32. The enumeration of rights in this consti-

tution shall not be construed to deny and impair

others retained by, and inherent in, the people.

App. 12

EXHIBIT 4

Certificate Of Interested Parties

City of Richland, Mississippi

371 Scarbrough Street

Richland, Mississippi 39218

Attention: Mayor

City of Florence, Mississippi

201 North Church Street

Florence, Mississippi 39073

Attention: Mayor

Southwest Rankin Water Association, Inc.

201 South County Line Road

Florence, Mississippi 39073

Attention: President

App. 13

EXHIBIT 5

*

no one expressed opposition. Green I, 910 So. 2d at

1025.

4 24. Green’s central complaint is that Cleary pulled

a “bait and switch” on him and the other petitioners,

by claiming it would construct a sewer system for the

area, while having no intent to do so. Cleary’s mana

ger said in a newspaper article as early as 2002 that

the decentralized sewer system was “not something

we did overnight. This was two or three years in the

making.” Cleary’s manager also said that a central-

ized system would cost approximately $17,000 per

home. The allegations against Cleary are of no event,

for, even if the chancellor had granted them credence,

they do not alter the fact that the appeal was un-

timely filed.

B. The Denial of Leave to end and the

Dismissal of the Compiaint in 2005.

{| 25. Following the same analysis, the chancellor

found that the chancery court was without jurisdic-

tion to hear an appeal of the denial of Green’s motion

to amend. The thirty-day appeal] deadline applies to

any “final finding, order or judgment of the commis-

sion....” Miss. Code Ann. § 77-3-67(1) (Rev. 2001).

The Commission issued its “Order Denying Motion”

on February 23, 2005. Green did not appeal until

April 21, 2005. Thus, if the statute applies to the

February order, the chancellor was correct. However,

App. 14

in Mississippi Power Company v. Mississippi

Public Service Commission, 240 Miss. 621, 128

App. 15

EXHIBIT 6

*K * ae

Ordinance.

SECTION 4. Any existing system that will require

a complete upgrade or change of the

system will must meet all provisions

of Article III “New Installations”.

SECTION 5. Any system that can not be repaired

or replaced, to fully approvable stan-

dards, shall be improved with recom-

mendations from the Department of

Health so as to treat the wastewater

as best as possible, reduce the volume

of treated effluent as much as possi-

ble, and maintain the treated effluent

on the property of the generator to the

greatest extent possible.

SECTION 6. All existing individual onsite waste-

water disposal systems at the time of

property transfer will be required to

be certified and ownership of the sys-

tem will be transferred to the District

with the property owner becoming a

customer of the Decentralized Waste-

water System and the District will

perpetually maintain the system.

ARTICLE III

NEW INSTALLATIONS

SECTION 1. All new individual onsite installation

shall conform to all requirements of

App. 16

the current Decentralized Wastewater

Ordinances and the Regulation Gov-

erning Individual Onsite Wastewater

Disposal.

SECTION 2. All new installations of IOWDS shall

require the property owner or his/her

representative to provide the District

two platted surveys of the site which

will include all above and below ground

buildings, electrical lines (buried),

water lines, gas lines and aperture.

The Platt will be certified by a en-

gineer or land surveyor licensed to do

business in Mississippi. The Platt will

include dimensions of building(s) and

approximate location of all below

ground installations, A copy of the

Platt will be attached to the District’s

soil analysis form that will be pre-

sented to the State Board of Health for

the inspection of the site. The form

will be filled out by the owner or

his/her authorized representative to

include all appropriate information. A

copy of the Platt must be attached to

the District’s soil/site evaluation form.

This form, along with the Platt, will be

presented to the Department of Health

for the inspection of the site. The

Department of Health will inspect the

site and give to the owner the com-

pleted form which the owner will

return to the District. The District’s

engineer and/or manager will deter-

mine the appropriate IOWDS to be

SECTION 3.

SECTION 4.

App. 17

installed at the site. Upon Department

of Health inspection and final approv-

al of the installed system the District

will assume ownership and perpetual

maintenance of the system, with the

owner becoming a customer of the Di-

strict. The property owner will provide

a right-of-way and easement to the

District that will cover all egress and

aggress for properly identified employ-

ees to maintain the system. To allow

for proper maintenance of the system,

nothing shall be built over or laid over

any electrical or water conveyances to

the unit or the system itself so as to

obstruct maintenance of the system.

Onsite systems incorporating a septic

tank as part of the installation shall

be equipped with risers at or near the

surface at the inlet and outlet of the

tank to facilitate inspection and pump-

ing without removal of the top of the

tank. In addition all septic tanks will

incorporate an in-tank effluent filter.

Outlet man way and riser shall be

sized large enough to facilitate the re-

moval of the filter for routine inspec-

tion and/or maintenance.

All septic tanks, pump chambers, chlo-

rine contact chambers and distribu-

tion boxes shall be constructed and

properly sealed so as to prevent in-

filtration and exfiltration of liquid.

SECTION 1.

SECTION 2.

SECTION 3.

App. 18

ARTICLE IV

COST AND FEES

All cost incurred by the District includ-

ing the final inspection of the IOWDS

will be borne by the owner. After final

inspection and acceptance by the Dis-

trict, the District will assume all cost

of maintenance of the IOWDS. Final

payment for the system purchased by

the District will be due and payable

upon final inspection by the Depart-

ment of Health.

If the District assumes ownership of a

previously installed IOWDS, all cost

incurred for its inspection, will be

borne by the District. If the District

does not assume ownership of the

IOWDS then the owner will bear the

cost of the inspection. The owner will

bear/pay all cost incurred to bring a

previously installed IOWDS up to the

applicable standard necessary for the

District to assume ownership.

All monthly fees and charges will be

set by the District’s Board of Commis-

sioners and will be reviewed annually

at the November public meeting.

Monthly fees will based upon water

consumption through the household's

potable water meter.

* * *

App. 19

EXHIBIT 7

BEFORE THE PUBLIC SERVICE COMMISSION

OF THE STATE OF MISSISSIPPI

NO. ’00-UA-491 IN RE:

APPLICATION OF CLEARY

WATER, SEWER AND FIRE

DISTRICT, TO ENLARGE ITS

CERTIFICATED AREA FOR

SEWER SERVICE TO MAKE

SAID AREA IDENTICAL TO

ITS CERTIFICATED AREA

FOR WATER AND FIRE

PROTECTION

(Filed Jun. 13, 2000)

Cleary Water, Sewer and Fire District, files this

Application as follows:

1. Cleary Water, Sewer and Fire District (“Cleary”)

is an incorporated district created pursuant to

Sections 19-5-151 through 19-5-207 of the Mississippi

Code of 1972, as amended.

2. Cleary holds a Certificate of Convenience and

Necessity in Docket Number WD 100-0436-00. The

area certificated for Cleary to provide water service

and fire protection is not identical to the area certi-

fied for Cleary to provide sewer service.

3. Cleary now desires that the area certificated

for it to provide sewer service be identical to the area

certified for water service and fire protection. Attached

here to as Exhibit “A” is a true and correct copy of the

App. 20

legal description for the Water Service Area. There is

pending with the Commission a request that the

Water, Fire and Sewer Service areas be extended to

include the property described below which is being

transferred, subject to Commission approval, to Cleary

from the Southwest Rankin Water Association, Inc.:

All of the Northwest Quarter of Section 21,

Township 4 North, Range 1 East, Rankin

County, Mississippi, all of the Northeast

Quarter of Section 21, Township 4 North,

Range 1 East, Rankin County, Mississippi,

all of the Southeast Quarter of Section 21,

Township 4 North, Range 1 East, Rankin

County, Mississippi and all of the East Half

of the East Half of the Southwest Quarter of

Section 21, Township 4 North, Range 1 East,

Rankin County, Mississippi and All of the

portion of the North Half of the Northeast

Quarter of Section 28, Township 4 North,

Range 1 East, Rankin County, Mississippi,

lying North of the Byram-Florence Road as

said road exist this date, containing 528

acres more or less and all being located in

Section 21 and Section 28, Township 4 North,

Range 1 East, Rankin County, Mississippi.

4. Petitioner would further show that the fol-

lowing persons are the duly appointed officials of the

Cleary Water, Sewer and Fire District:

Commissioners Harold Winborne, Buddy Eady,

Bob Whatley, Bill Harvey and Chairman Ken Johnson.

App. 21

5. The financial reports of Cleary are on file with

the Commission. The expansion of the sewer service

area will not jeopardize the financial well being of

Cleary.

6. A copy of the Charter or articles for each of

these entities are on file with the Commission. No

party to this transaction is a foreign corporation. No

acquisition adjustment or rate base or expenses is

sought. These parties do not own any other Missis-

sippi Utility operations. Attached hereto as Exhibit

“B” is a list of the names and addresses of all inter-

ested persons as defined by Rule 2K of the Commis-

sion’s Rules.

7. The testimony to be relied upon at the hear-

ing is attached hereto as Exhibit “C.”

8. The Cleary Water, Sewer and Fire District is

agreeable to operating a water, sewer and fire utility

system to serve the residents of the entire area, upon

approval and authorization from the Commission.

9. The operation by Cleary of a sewer system as

soon as economically feasible is in the public inter-

est, and the expansion should be authorized and ap-

proved by the Commission.

10. The Petitioners further pray that the Com-

mission waive the formalities of other documents not

attached hereto as same are either already on file or

not relevant to this proceeding.

WHEREFORE, Petitioners pray that the area

certificated for water, sewer and fire protection to

App. 22

Cleary Water, Sewer and Fire District encompass and

include the area described in Exhibit “A” and in

paragraph no.3 above which is being transferred

from Southwest Rankin’s Certificate of Public Con-

venience and Necessity granted in Docket Number

UA-100-0531-00 (Utility ID No. U-2106) more par-

ticularly described in said Certificate.

WITNESS OUR SIGNATURES, this 13 day of

June, 2000.

RESPECTFULLY SUBMITTED,

Cleary Water, Sewer and Fire District

By: /s/ Ken Johnson

Ken Johnson, Chairman

WITNESSED:

/s/ Ken Munn

Prepared by:

/s/ James A. Bobo

James A. Bobo

Mississippi Bar No. 3604

James A. Bobo, PA

Post Office Box 54193

Pearl, Mississippi 39288

(601) 933-1997

Attorney For Cleary Water,

Sewer and Fire District

App. 23

EXHIBIT 8

Source:

Mississippi Code/TITLE 49 CONVERSATION AND

ECOLOGY/CHAPTER 17 POLLUTION OF WATERS,

STREAMS, AND AIR/IN GENERAL/§ 49-17-5. Defi-

nitions.

§ 49-17-5. Definitions.

For the purposes of Sections 4917-1 through 49-17-41

the following words and phrases shall have the

meanings ascribed to them in this section:

(1) Water.

(a) “Pollution” means such contamination, or other

alteration of the physical, chemical or biological prop-

erties, of any waters of the state, including change in

temperature, taste, color, turbidity, or odor of the

waters, or such discharge of any liquid, gaseous,

solid, radioactive, or other substance or leak into any

waters of the state unless in compliance with a valid

permit issued therefor by the Permit Board.

(b) “Wastes” means sewage, industrial wastes, oil

field wastes, and all other liquid, gaseous, solid,

radioactive, or other substances which may pollute or

tend to pollute any waters of the state.

(c) “Sewerage system” means pipelines or conduits,

pumping stations, and force mains, and other struc-

tures, devices, appurtenances and facilities used for

App. 24

collecting or conducting wastes to an ultimate point

for treatment or disposal.

(d) “Treatment works” means any plant or other

works, used for the purpose of treating, stabilizing or

holding wastes.

(e) “Disposal system” means a system for disposing

of wastes, either by surface or underground methods,

and includes sewerage systems, treatment works, dis-

posal wells and other systems.

(f) “Waters of the state” means all waters within the

jurisdiction of this state, including all streams, lakes,

ponds, impounding reservoirs, marshes, watercourses,

waterways, wells, springs, irrigation systems, drain-

age systems, and all other bodies or accumulations of

water, surface and underground, natural or artificial,

situated wholly or partly within or bordering upon

the state, and such coastal waters as are within the

jurisdiction of the state, except lakes, ponds or other

surface waters which are wholly landlocked and

privately owned, and which are not regulated under

the Federal Clean Water Act (33 U.S.C. 1251 et seq).

(g) “Underground water” means an underground

source of drinking water as defined within the regu

lations of the Federal Safe Drinking Water Act.

(2) Air.

(a) “Air contaminant” means particulate matter,

dust, fumes, gas, mist, smoke or vapor, or any combi

nation thereof, produced by processes other than

natural.

App. 25

(b) “Air pollution” means the presence in the out-

door atmosphere of one or more air contaminants in

quantities, of characteristic, and of a duration which

are materially injurious or can be reasonably ex-

pected to become materially injurious to human,

plant or animal life or to property, or which unrea-

sonably interfere with enjoyment of life or use of

property throughout the state or throughout such

area of the state as shall be affected thereby.

(c) “Air contamination” means the presence in the

outdoor atmosphere of one or more air contaminants

which contribute to a condition of air pollution.

(d) “Air contamination source” means any source at,

from, or by reason of which there is emitted into the

atmosphere any air contaminant, regardless of who

the person may be who owns or operates the building,

premises or other property in, at, or on which such

source is located, or the facility, equipment or other

property by which the emission is caused or from

which the emission comes.

(e) “Air-cleaning device” means any method, process

or equipment, the primary function of which is to

remove, reduce or render less noxious air contami-

nants discharged into the atmosphere

({) “Area of the state” means any city or county or

portion thereof, or other substantial geographical

area of the state as may be designated by the Mis-

sissippi Commission on Environmental Quality.

App. 26

(g) “Federal Clean Air Act” means the Federal Clean

Air Act, 42 U.S.C. 7401 et seq., as amended.

(3) General

(a) “Commission” means the Mississippi Commis

sion on Environmental Quality acting through the

Office of Pollution Control of the Department of En-

vironmental Quality.

(b) “Person” means the state or other agency or

institution thereof, any municipality, political subdi-

vision, public or private corporation, individual, part-

nership, association or other entity, and includes any

officer or governing or managing body of any munic-

ipality, political subdivision, or public or private cor-

poration, or the United States or any officer or

employee thereof.

(c) “Pollution Emergency Fund” means the fund

established under Section 49-17-68

(d) “General permit” means a permit for categories

of sources that involve similar wastes and have

similar monitoring requirements and restrictions

App. 27

EXHIBIT 9

BEFORE THE PUBLIC SERVICE COMMISSION

OF

THE STATE OF MISSISSIPPI

2000-UA-491

CLEARY WATER, SEWER

& FIRE DISTRICT

SD-100-0436-01

IN RE: APPLICATION OF CLEARY

WATER, SEWER AND FIRE

DISTRICT, TO ENLARGE ITS

CERTIFICATED AREA FOR

SEWER SERVICE TO MAKE

SAID AREA IDENTICAL TO

ITS CERTIFICATED AREA

FOR WATER AND FIRE

PROTECTION. (9-18-2000)

ORDER GRANTING SUPPLEMENTAL

CERTIFICATE OF PUBLIC CONVENIENCE

AND NECESSITY

This day this cause came on to be heard upon the

duly verified Petition of Cleary Water, Sewer & Fire

District (the “District”), a utility district created pur-

suant to Sections 19-5-151 through 19-5-207 of the

Mississippi Code of 1972, as amended, requesting a

Supplemental Certificate of Public Convenience and

Necessity authorizing it to construct, operate and

maintain a sewer system in specified areas adja-

cent to its present certificated area in Rankin County,

Mississippi, hereinafter particularly described

App. 28

The Public Service Commission, being fully ap-

prised in the premises and having considered the

documents and record before it, and upon recommen-

dation of the Public Utilities Staff, finds as follows:

(1) Cleary is a utility district created pursuant

to Sections 19-5-151 through 19-5-207 of the Missis-

sippi Code of 1972, as amended, and is engaged in

providing sewer service in a certain area in Rankin

County, Mississippi, and the Public Service Commis-

sion has full jurisdiction of the applicant and the

subject matter.

(2) Due and proper notice of the pendency of

this cause has been given in the mariner and for the

time required by law. No protest or objection has been

filed in this proceeding.

(3) Cleary was granted an initial Certificate

of Public Convenience and Necessity to construct,

operate and maintain a sewer system within the area

designated in said certificate in Docket No. U-3953.

Cleary has ap;lied for a Supplemental Certificate of

Public Convenience and Necessity to furnish sewer

service to the hereinafter described area.

(4) The public convenience and necessity justi-

fies and requires the grant of this Supplemental

Certificate of Public Convenience and Necessity for

the additional area.

(5) The hereinafter described area is not within

the corporate boundaries of a municipality.

App. 29

(6) Cleary is ready, willing and able to con-

struct, operate and maintain a sewer system so as to

render sewer service to the public for compensation in

the additional area proposed to be served.

IT IS, THEREFORE, ORDERED that:

(1) The request of Cleary Water, Sewer & Fire

District for a Supplemental Certificate of Public Con-

venience and Necessity to serve an additional area, is

hereby granted and approved so as to authorize and

permit it to construct, operate and maintain a sewer

system in the additional area hereinafter described.

(2) The public convenience and necessity re-

quires the grant of this Supplemental Certificate.

(3) Cleary is hereby granted a Supplemental

Certificate of Public Convenience and Necessity pursu-

ant to Section 77-3-1, et seq., of the Miss. Code of

1972, as amended, to construct, operate and maintain

a sewer system, so as to furnish sewer service to the

public for compensation in a specified area in Rankin

County, Mississippi, the description of which is

attached hereto and incorporated herein by reference

as Exhibit “A”.

(4) Cleary will serve, without exception, all

persons requesting service in the herein described

certificated area at the currently approved rates.

(5) Construction on the proposed sewer system

shall be commenced within six (6) months from the

effective date of this Order or this Certificate may be

canceled.

App. 30

(6) Nothing in this Order shall affect the right

of any other sewer Utility to continue rendering ser-

vice to any customer that it was legally serving upon

the effective date of this Order.

(7) Notwithstanding anything to the contrary

contained herein, developers of new subdivisions in

the supplemental certificated area, who have received

notification prior to the date of this order from the

State Health Department that the subdivision/lots

proposed by the developer are generally suitable for

onsite wastewater disposal systems, shall not be

required to connect to the Cleary Water, Sewer and

Fire District sewer system.

(8) This Order shall be in effect from and after

the date of issuance.

Chairman Nielsen Cochran, Vice-Chairman

Michael Callahan and Commissioner Bo Robinson

voted Aye.

ORDERED this the 18th day of September, 2000.

MISSISSIPPI PUBLIC

SERVICE COMMISSION

[SEAL] /s/ Nielsen Cochran

Nielsen Cochran, Chairman

/s/ Michael Callahan

Michael Callahan,

Vice-Chairman

/s/ Bo Robinson

Bo Robinson, Commissioner

App. 31

ATTEST: A True Copy

/s/ Brian U. Ray

Brian U. Ray

Executive Secretary

App. 32

EXHIBIT 10

Cleary residents fight wastewater ordinance

By Tom Hill

FLORENCE -— Some of Cleary Water, Sewer and

Fire District’s Water customers have filed a lawsuit

against the CWSFD in an effort to stop the District

from fully enforcing its new wastewater ordinance on

Sept. 14, as scheduled.

The suit was filed in Rankin County Chancery

Court on behalf of the complainants by Florence

attorney David Ringer. In the suit, the group contends

the CWSFD is seeking to exceed its authority by

[illegible] its customers on septic tanks or sanitation

systems to have annual inspections to show their

units are functioning properly and by making those

customers whose units are not functioning properly

install new ones, then sign ownership of them over to

CWSFD for it to maintain for a charge of $15 a

month.

The plaintiffs are asking the Court to prohibit

the CWSFD from taking any action until such time

that it makes a centralized sewer collection available to

all its water customers.

The lawsuit stems from an ordinance that the

CWSFD board adopted in June, 2001. That ordinance

created a decentralized wastewater system and set

the time frame for implementing it.

App. 33

CWSFD manager Kenn Munn said the District

has around 700 water customers. He said the resi-

dences of about 450 of those customers are connected

by sewerage lines to the District’s centralized waste-

water system which is similar to the systems in

Florence or Richland. He said the other 250 water

customers who have onsite wastewater treatment

systems (septic tanks or sanitation systems) at their

residences were made part of the decentralized

wastewater system.

According to Munn, on June 21, 2001, the 250

water customers whose homes are served by onsite

wastewater treatment were grandfathered into the

decentralized system. He said those people were

given until Sept. 14, 2002 to have their onsite units

inspected. He said if the units passed, the home

owners can continue to maintain their own units. He

said they would only have to get annual inspections

done to show that their systems are functioning

properly. He said over half of the people affected by

the new ordinance have complied with the inspection

requirement.

Munn said if a unit fail inspection, the home

owner must get a new unit put in that meets the

CWSFD’s standards. He said those home owners

would be made sewer customers of the CWSFD. He

said the CWSFD then would take ownership of the

onsite wastewater treatment unit and maintain it. He

said the customers would be charged $15 a month for

the service.

App. 34

All onsite wastewater treatment units that have

been installed since the ordinance was adopted in

June, 2001 have had to meet CWSFD standards and

the owners were made sewer customers.

There are about 120 individuals listed as plaintiffs

in the lawsuit against CWSFD. Those people represent

about 80 different homesites. Munn said he saw the

list of names and about half of them had complied

with the new ordinance. He said every person who

has been to his office to discuss the matter left

satisfied that the new system was a positive one.

Munn said the CWSFD board was addressing

two problems when it adopted the ordinance creating

the decentralized wastewater system. He said there

are some onsite wastewater treatment units in the

Cleary District that are not working properly. He said

as a result, there are places where raw sewage runs

out on the ground. He said the new ordinance would

eliminate that problem.

Munn said there also are a number of new

subdivisions going up in the area served by the

CWSFD. He said the new ordinance water treatment

units are being put in.

Munn said it is not financially feasible for the

CWSFD to run sewerage lines to every home in the

District so that everyone would be connected to the

centralized wastewater system.

“This is not the 1980s,” he said. “The days when

unhmited funds were available for grants are over.

App. 35

The EPA (Environmental Protection Agency) did a

study and estimated that it would cost $17,000 a

home to connect everyone to a centralized system. Do

you think homeowners are going to pay for that?”

“The decentralized wastewater system is the

most economical way to protect the environment and

make sure the sewage systems are working properly.

This is not something we did overnight. This was two

or three years in the making. We had Department of

Environmental Quality and Board of Health attorneys

look at what we were proposing to make sure we were

doing it right.”

“We are the first water-sewer district in the State

of Mississippi to put in a decentralized wastewater

system. As we are putting it together, we listened to

what the people had to say and we made changes if

their complaints wre legitimate.”

“This type of system is being used all over other

parts of the United States. It is not something that is

going to go away. There are other entities in the state

who are looking at our system because they are

interested in doing the same thing where they are.”

“The bottom line is, do you want raw sewage

running out on the ground, or do you want clean

water running out on the ground.”

It is doubtful anything will be done in Chancery

Court before the Sept. 14 deadline. Both Rankin

Chancellors John Grant and Tom Zebert recused

themselves from hearing the case. The two judges

App. 36

asked the state Supreme Court to appoint a special

chancellor to hear the matter which usually takes

weeks to do.

App. 37

EXHIBIT 11

CLEARY WATER, SEWER & FIRE DISTRICT

Minutes of April 8, 1999

Members present: Chairman Kenneth D. Johnson,

Vice Chairman Harold Winborne, Bob Whatley,

Buddy Eady, and Bill Harvey. Also present was Man-

ager Kenn Munn, Lawyer Jim Bobo, and Engineer,

Scott Armstrong.

Chairman Kenneth Johnson established a quorum.

Buddy Eady made a motion seconded by Harold

Winborne to accept the minutes as written. Motion so

carried.

The Commissioners considered a proposal from Susan

Girani for the purchase of 2 acres for a well site.

Harold Winborne made a motion seconded by Buddy

Eady to have the Lawyer, Jim Bobo to draw up a

contract with the legal description for the property

and the Engineer, Scott Armstrong, to survey the

property and present the lega! description to Mr.

Bobo, and al] the request by Mrs. Susan Girani as

presented in the proposal to be accepted. Motion was

unanimously accepted.

Buddy Eady made a motion seconded by Bill Harvey

to increase Tommy Malley’s salary by $1.00 per hour.

Motion so carried. This action was taker after Mr.

Malley being employed by the District for 6 months

and having passed the Class D certification for Water

Operator.

App. 38

The Board request that the Manager, Kenn Munn,

present at the next meeting the prices and

descriptions of portable gas welders, to be used in

welding sewer tanks.

Buddy Eady made a motion seconded by Bill Harvey

to pay for the repairs to sewer roller #2 from the

reserve account. Motion so carried.

Bill Harvey made a motion seconded by Bob Whatley

to approve the March bills for payment Motion so

carried.

Harold Winborne made a motion seconded by Buddy

Eady to approve both the Cleary Water & Sewer

District and the Cleary Fire Protection District’s

check register for the month of March. Motion so

carried.

The Board request the Engineer Scott Armstrong and

Kenn Munn look at the possibilities of having a sewer

treatment plant up Cleary Road to treat sewer from

customers in that area.

Buddy Eady made a motion seconded by Bill Harvey

to adjourn. Motion so carried

ATTESTED

/s/ Kenneth D. Johnson |

Kenneth D. Johnson, Chairman

/s/ Kenneth Munn ; |

Kenneth Munn, Sec/Trea.

App. 39

EXHIBIT 12

MISSISSIPPI PUBLIC SERVICE

COMMISSION

PUBLIC UTILITIES RULES OF PRACTICE

AND PROCEDURE

February 15, 1994

RULE 2

DEFINITIONS

For purposes of these rules, the following terms

shall be defined as indicated:

A. The term “party” is:

(1) The filing utility;

(2) The Mississippi Public Utilities Staff in its

capacity as a party;

(3) Any person allowed to become an intervenor

by Commission order;

or

(4) Any person made a party by service of

process upon them.

B. The term “MPUS” means the Mississippi

Public Utilities Staff created pursuant to Miss. Code

Ann., Section 77-2-1 et seq.

C. The term “staff attorney” means the General

Counsel and other attorneys for the MPUS.

App. 40

D. The term “Commission attorney” refers to

the attorney(s) employed to assist and advise the

Commission.

EK. The term “Commission staff” refers to those

individuals employed by the Commission pursuant to

Miss. Code Ann., Section 77-3-8.

F. The term “utility attorneys” means the

attorneys for the filing utility.

G. The term “filing utility” means the public

utility making a filing with the Commission through

its Executive Secretary to initiate a proceeding.

H. The term “filing” means any notice, appli-

cation, formal request, formal complaint or petition

filed with the Commission through its Executive

Secretary.

I. The term “certificate” means a Certificate of

Public Convenience and Necessity or Facilities Cer-

tificate, as the case may be, issued by the Com-

mission.

J. The term “the Act” refers to Miss. Code Ann.,

Section 77-3-1 et seq. Definitions contained therein

are hereby incorporated into these Rules of Practice

and Procedure.

K. The term “interested persons” means any

persons entitled to notice of Commission proceedings

as follows:

(1) In any proceeding filed by a utility other

than a telecommunications utility, any person

App. 41

(a) presently holding a certificate authorizing it

to provide services of the same type as that

authorized, or proposed to be authorized, for the

filing utility, and (b) which presently holds a

certificate for a service area, any part of which

lies within one mile of the area certificated, or

proposed to be certificated to the filing utility

2) In any proceeding filed by ea provider of

telecommunications services, all other certified

providers of telecommunications services.

(3) In proceedings filed by non-utilities or

proceedings initiated by the Commission, the

Commission staff, or the MPUS, any person

having a substantial interest in the subject

matter of the proceeding or whose rights and

liabilities may be materially affected thereby

(4) In addition to the above, in the context of

any rate proceeding filed under the provisions of

Rule 9A (Notice Filings), any person who was a

party of record in the last proceeding in which a

major change in rates was sought by the filing

utility.

L. The term “service” or “served” means the

date a party actually delivers a pleading to another

party or its attorney or, if the pleading is mailed, the

date of mailing. If a pleading is served by mail, three

days shall be added to the prescribed period in which

the party being served has to respond to take other

action with respect to the pleading.

App. 42

EXHIBIT 13

APPENDIX “A” CERTIFICATE

PROCEEDINGS

SCHEDULE 2 AREA CERTIFICATE/

ALL UTILITIES

No. Copies

Required,

Including

Original

In addition to the original and fourteen (14) copies of

the petition, the following items are required:

15 1.

15 2.

3. 3.

If the utility has made any revisions to its

corporate charter or its articles of incor-

poration since receiving its initial authority

to operate, provide a copy of said revisions.

If a partnership, provide a copy of any

revision to the original partnership agree-

ment. If there have been no changes, provide

the docket number of the proceeding in

which the company received its initial

authority to operate.

If a corporation, the names and addresses of

its board of directors, officers an any person

owning fifteen percent (15%) or more of its

stock. If not a corporation, the names and

addresses of all owners or partners.

An outline map using Mississippi Depart-

ment of Transportation county maps to a

scale of one-half inch to the mile showing the

15

15

15

on

App. 43

existing certificated area as well as the

proposed additional area.

A full legal description of the new area.

A map of sufficiently large scale to show

boundaries of the proposed service area as

well as relevant geographical features.

A general description of new facilities

An itemized estimate of costs to the utility of

all new investment.

A listing of all sources of funding.

An estimate of the impact of the cost of

facilities upon rate base and rates. This item

shall not apply to public utilities excluded

from rate regulation pursuant to Miss. Code

Ann., Sections 77-3-1 or 77-3-5 or to public

utilities heretofore or hereafter exempt by

Commission order from rate base regulation

or to public utilities whose rates are allowed,

by Commission order, to be filed for infor-

mational purposes only.

. The number of assured and prospective

customers in (a) the new area; and (b) the

existing certificated area.

. A complete set of engineering plans and

specifications.

. A copy of any required approvals from Health

or Environmental Quality authorities.

3. An exhibit listing the names and addresses

of all interested persons as defined in Rule

15 15.

App. 44

2K of the Commission’s Rules of Practice

and Procedure together with a certificate

that the filing utility has served a notice of

the filing upon each.

. A copy of all testimony to be relied upon at

hearing.

A copy of the current balance sheet and

income statement.

App. 45

EXHIBIT 14

SANITARY SEWER USE ORDINANCE

CLEARY WATER, SEWER, AND FIRE DISTRICT

Section 1.

Section 2.

Section 3.

Section 4.

Section 5.

Grinder pump units shall be considered

a part of the public sanitary sewer and

shall be the property of the District.

Grinder pump units shall not be

installed until proper application for a

permit to connect to the public sanitary

sewer has been made to and approved

by the board as set forth in Article V,

Section 3, and until a duly negotiated

easement has been executed providing

the District authority to install operate,

and maintain said unit on the property

being served.

Installation of grinder pump units shall

be done only by the District or its duly

authorized representative. Installation

shall include grinder pumps, sump

basin, controls, discharging piping, and

all accessories necessary to properly

convey the sewage to the sewage treat-

ment plant.

Only grinder pumps and accessories

approved by the Board shall be installed.

All costs and expense incident to the

installation and connection of a grinder

pump unit shall be borne by the

property owner. Said cost and expense

shall be due and payable to the District

Section 6.

Section 7.

Section 8.

Section 9.

App. 46

within ten working (10) days after date

of official notice of the amount due.

After installation of a grinder pump unit,

the property owner shall be responsible

for connecting the building sewer as set

forth in Article V, Sections 9 and 10.

The property owner shall be responsible

for providing electrical power to the

grinder pump unit control panel. A

separate 230 volt (20) amp circuit shall

be provided solely for operation of the

grinder pump unit. All electrical work

shall comply fully with the require-

ments of the National Electrical Code

and the District and shall be approved

by the Board or its duly authorized

representative prior the grinder pump

being placed in operation.

Only persons authorized by the District

shall have access to the grinder pump

units. No unauthorized person shall

uncover, make any connections or opening

into alter, or disturb any grinder pump

unit.

Property owners shall in no way alter

the grinder pump installation or engage

in any activity which would damage the

grinder pump unit or interfere with its

normal operation.

Section 10.

Section 11.

Section 12.

USE OF

Section 1.

App. 47

Each grinder pump unit shall be

equipped with appropriate warning light

which shall be activated in the event of

pump failure.

The District shall maintain sufficient

spare pumps and accessories to permit

prompt response to unite where pump

failure has been encountered. A duly

authorized representative of the District

shall respond within twenty-four (24)

hours to any malfunction of a grinder

pump unit duly reported to the Board.

All excavations for grinder pump unit

installation shall be adequately guarded

with barricades and lights so as to

protect the public from hazard. All

properties whether public or private,

disturbed in the course of the work shall

be restored to its original condition.

ARTICLE VII

THE PUBLIC SANITARY SEWERS

No person shall discharge or cause to be

discharged any storm water, surface

water,

+ * *

App. 48

EXHIBIT 15

[LOGO] [LOGO]

Cleary Water, Sewer & Fire District

217 Hickory Ridge Drive ¢« Florence, MS 39073

¢ 601-845-6375

September 14, 2001

TO ALL WATER USER CUSTOMERS:

On June 21, 2001, of this year the Cleary Water,

Sewer & Fire District, passed and put into effect

a new wastewater ordinance for those people not

already on the centralized wastewater system. This

new ordinance and system is call a decentralized

wastewater system.

WHAT IS A DECENTRALIZED WASTEWATER

SYSTEM?

Until the mid 90’s there were only two types of

systems recognized in the USA. One was a cen-

tralized wastewater system, such as the City of

Richland, Jackson, Florence and Cleary Heights has.

The other was onsite wastewater treatment, where

an individual has a system for wastewater treatment

installed and then the individual maintained the

unit. EPA up until this time recognized and promoted

centralized system and discouraged onsite, because of

the fact once the system was installed it became the

property owners problem and like most problems

which are “out of sight out of mind” the systems

are not maintained properly and fail. What the

App. 49

decentralized system does is combine characteristics

of both systems and makes a workable program to

maintain the onsite system properly.

WHO IS EFFECTED BY THE NEW ORDINANCES?

Everybody not presently on the centralized system

that have onsite wastewater systems. Those are

septic tanks and aerobic treatment plants.

HOW ARE THEY EFFECTED?

Every homeowner that had a onsite wastewater

treatment process on June 21, 2001, was “grand

fathered” into the system. That is the property

owner will not be required to install a new system as

long as it is working properly. Each property owner

will be required to have his system inspected within

one year of the date of this letter with the results sent

to our office. Then each year following the initial

inspection the District will require the property

owner to present proof that the system is working

properly. /f the property owner can not present proof

that their system is working properly then the owner

will be required to install an approved system

designated by the District and will become a sewer

customer of the District. The District will accept

ownership of the unit and in exchange the District will

maintain the unit for the life of the unit. All cost in

routine maintenance will be born by the District. The

customer will pay a monthly charge to the District for

the service and it will be added to the water bill. If

App. 50

a present water customer of the District would like

to transfer ownership of his present system to the

District and have the District maintain it for him, the

unit will have to meet certain qualification. These

qualifications will be determined on a case by case

basis and can be resolved by calling the District

Office and making inquires.

The “grandfather” allowance applies only to those

customers on June 21, 2001, and does not run with

any transfer of ownership. Any transfers after June

21, 2001, will result in the new customer to meet all

requirements of the new ordinances.

WHAT WILL IT COST ME?

The cost of the service will be determined by the

Commissioner of the District, at present the cost will

be a minimum of $15.00 a month and any usage over

5,000 gallons of water will cost $1.62 per thousand

gallons.

All cost in maintaining the system will be born by the

District with the exception of “miss use or abuse”.

A copy of our “POLICY AND PROCEDURES” is

included for your information and I will gladly

answer any of your questions on a “one on one” basis

if needed. Our phone number is 601-845-6375.

SECTION 2.

App. 51

All new installations of on-site waste-

water disposal systems will conform to

the Decentralized Wastewater Ordi-

nances as set forth.

ARTICLE II

STEPS OF INSTALLATION

SECTION 1.

SECTION 2.

EXISTING UNITS

Any existing LOWDS that fails to

comply with the Decentralized Waste-

water Ordinances, must be repaired

within sixty (60) days to bring the

system up to standards. If the IOWDS

for whatever reason cannot be brought

up to standards, then the owner will

install a new system meeting all re-

quirements as prescribed by the Ordi-

nances, or if installing a new system

meeting all requirements of the Regu-

lation is not possible, make repairs as

prescribed in Section 5 of this Article.

When a new system is installed to

replace a failing existing system the

District will assume ownership and

provide perpetual maintenance of the

IOWDS, and the owner will become a

customer of the Decentralized Waste-

water system.

If the owner wishes to transfer owner-

ship of any existing IOWDS that

complies with the Decentralized Waste-

water Ordinances to the District, the

owner must present to the District

SECTION 3.

App. 52

proof from an authorized manufacturers

representative, or the Department of

Health, that the IOWDS is up to

standards in operation. Furthermore

the District will pay for the inspection

if the IOWDS complies and _ the

District assumes ownership of the

system. If for whatever reason the

District does not assume ownership of

the system, the owner will be billed for

the cost of the inspection. At the time

the District assumes ownership of the

system then the owner becomes a

customer of the Decentralized Waste-

water system and the District will

perpetually maintain the system. If

the District assumes ownership of an

IOWDS, the property owner will

provide to the District the proper

right-of-way and easement to provide

egress and aggress to the LOWDS so

as to allow the properly identified

District employee to maintain the

system. To allow for proper mainte-

nance of the system, nothing shall be

built over, or laid over, the IOWDS

or any electrical or water conveying

portion of the system. Transfer of

ownership of an existing LOWDS must

take place with one year of the time

that the Ordinances go into effect to

avoid any future cost for maintenance.

All existing LOWDS that are under

a maintenance agreement with the

Manufacturer of the system will not

SECTION 4.

SECTION 5.

SECTION 6.

App. 53

require an annual inspection/

certification as long as a copy of the

current in-forced agreement is on file

at the District’s office. All other sys-

tems not covered by a maintenance

agreement will be required to fur-

nished an approved inspection report

Each year, or be in violation of the

Ordinance.

Any existing system that will require

a complete upgrade or change of the

system will must meet all provisions

of Article III “New Installations”.

Any system that can not be repaired

or replaced, to fully approvable stan-

dards, shall be improved with recom-

mendations from the Department of

Health so as to treat the wastewater

as best as possible, reduce the volume

of treated effluent as much as pos-

sible, and maintain the treated efflu-

ent on the property of the generator to

the greatest extent possible.

All existing individual onsite waste-

water disposal systems at the time of

property transfer will be required to

be certified and ownership of the sys-

tem will be transferred to the District

with the property owner becoming a

customer of the Decentralized Waste-

water System and the District will

perpetually maintain the system.

App. 54

ARTICLE Ill

NEW INSTALLATIONS

SECTION 1. All new individual onsite installation

shall conform to all requirements of

the current Decentralized Wastewater

Ordinances and the Regulation Gov-

erning Individual Onsite Wastewater

Disposal.

SECTION 2. Ail new installations of IOWDS shall

require the property owner or his/her

representative to provide the District

two platted surveys of the site which

will include all above and below

ground buildings, electrical lines

(buried), water lines, gas lines and

aperture. The Platt will be certified by

a engineer or land surveyor licensed to

do business in Mississippi. The Platt

will include dimensions of building(s)

and approximate location of all below

ground installations, A copy of the

Platt will be attached to the District's

soil analysis form that will be pre-

sented to the State Board of Health for

the inspection of the site. The form

will be filled out by the owner or

his/her authorized representative to

include all appropriate information. A

copy of the Platt must be attached to

the District’s soil/site evaluation form.

This form, along with the Platt, will

be presented to the Department of

Health for the inspection of the site.

The Department of Health will inspect

SECTION 3.

App. 5!

the site and give to the owner the

completed form which the owner will

return to the District. The District’s

engineer and/or manager will deter-

mine the appropriate IOWDS to be

installed at the site. Upon Department

of Health inspection and final ap.-

proval of the installed system the

District will assume ownership and

perpetual maintenance of the system,

with the owner becoming a customer of

the District. The property owner will

provide a right-of-way and easement to

the District that will cover all egress

and aggress for property identified

employees to maintain the system. To

allow for proper maintenance of the

system, nothing shall be built over or

laid over any electrical or water con

veyances to the unit or the system itself

so as to obstruct maintenance of the

system.

Onsite systems incorporating a septic

tank as part of the installation shal!

be equipped with risers at or near the

surface at the inlet and outlet of the

tank to facilitate inspection and pump

ing without removal of the top of the

tank. In addition all septic tanks will

incorporate an in-tank effluent filter.

Outlet man way and riser shall be

sized large enough to facilitate the

removal of the filter for routine

inspection and/or maintenance.

SECTION 4.

SECTION 1.

SECTION 2.

SECTION 3.

App. 56

All septic tanks, pump chambers,

chlorine contact chambers and distri-

bution boxes shall be constructed and

properly sealed so as to prevent infil-

tration and exfiltration of liquid.

ARTICLE I[V

COST AND FEES

All cost incurred by the District

including the final inspection of the

IOWDS will be borne by the owner.

After final inspection and acceptance

by the District, the District will assume

all cost of maintenance of the IOWDS.

Final payment for the system .pur-

chased by the District will be due and

payable upon final inspection by the

Department of Health.

If the District assumes ownership of a

previously installed IOWDS, all cost

incurred for its inspection, will be

borne by the District. If the District

does not assume ownership of the

IOWDS then the owner will bear the

cost of the inspection. The owner will

bear/pay all cost incurred to bring a

previously installed I[OWDS up to the

applicable standard necessary for the

District to assume ownership.

All monthly fees and charges will be

set by the District’s Board of Commis-

stoners and will be reviewed annually

App. 57

at the November public meeting.

Monthly fees will based upon water

consumption through the household’s

potable water meter.

App. 58

EXHIBIT 16

INDEPENDENT AUDITOR’S REPORT

ON THE FINANCIAL STATEMENTS

CLEARY WATER, SEWER AND FIRE DISTRICT

A COMPONENT UNIT OF THE RANKIN

COUNTY BOARD OF SUPERVISORS

BRANDON, MISSISSIPPI

Commissioners

Cleary Water, Sewer and Fire District

Florence, Mississippi

We have audited the accompanying statement of

financial position of Cleary Water, Sewer and Fire

District, a component unit of the Board of

Supervisors, Rankin County, Brandon, Mississippi,

as of the year ended September 30, 2000, and the

related statements of activities and cash flows for the

year then ended. These financial statements are the

responsibility of the Cleary Water, Sewer and Fire

Districts’ management. Our responsibility is to

express an opinion on these financial statements

based on our audit.

We conducted our audit in accordance with

generally accepted auditing standards and Govern-

mental Auditing Standards, issued by the Comp-

troller General of the United States. These standards

require that we plan and perform the audit to obtain

reasonable assurance about whether the financial

statements are free of material misstatement.

App. 59

An audit also includes assessing the accounting

principles used and significant estimates made by

management, as well as evaluating the overall

financial position presentations. We believe that our

audit and reports provide a reasonable basis for our

opinion.

In our opinion, the financial statements referred

to above, present fairly, in all material respects, the

financial position of Cleary Water, Sewer and Fire

District as of September 30, 2000, and the changes

in its net assets and cash flows for the [illegible]

in conformity with generally excepted accounting

principles.

Paul Ed Huhn

PAUL ED HUHN

Certified Public Accountant

January 2, 2001

Cleary Water, Sewer and Fire District

Statement of Activities

For the Year Ended September 30, 2000

Revenues

Water Sales 193,484.

Sewer Revenue 115,915.

Assessment Income 8,262.

County taxes collected 25,929.

Connections and other income 34,295.

Total Revenue 377,885.

Operating Expenditures

Salaries 122,374.

Repair and maintenance 107,

App. 60

Depreciation 81,739.

Contractual services 23,600.

State retirement 11,826.

Insurance 8,876.

Utilities 30,426.

Vehicle Costs 6,009.

Professional services 24,616.

Employee benefits 5,697.

Educational costs 1,480.

Office supplies and postage 5,601.

Payroll taxes 877.

Other 2,029.

Total Expenditures 433,052.

Operating Revenue over (under) (55,167.)

Expenditures

Nonoperating Revenue

(Expenditures) and Debts

recovered 232.

Interest earnings 645.

Interest expenditures (23,217.) |

Total Net Nonoperating

Expenditures (22,340.)

Excess of Revenues under (77,507.)

Expenditures and Balance

beginning of year [illegible] (667 ,622.)

1 of year (745,129.)

Auditor’s report and notes to

financial statemerits

App. 61

Cleary Water, Sewer and Fire District

Statement of Financial Position

September 30, 2000

ASSETS

Current Assets

Cash on hand and in banks,

unrestricted 34,694.

Accounts receivable 30,962.

payments 3,064.

Total current Asset 68,720.

(Illegible] Assets

and 36,800.

Buildings, plant and equipment 2,894,971.

2,931,771.

Accumulated deposits 1,515,053.

Total Fixed Assets 1,416,718.

(Ilegible] Assets

Cash in banks, restricted funds 133,431.

Utility deposits 2,101.

Total other assets 135,532.

Total Assets 1,620,990.

LIABILITIES AND FUND EQUITY

Current Liabilities

Accounts payable 12,174.

Payroll taxes withheld and accrued 861.

(Mlegible] accruals 7,913.

(IMegible] Payable due within one

year 20,895. 36,843.

Term Debt

Customers’ deposits 40,745.

{Ulegible] payable _ 459.727.

App. 62

Total Long Term Debt 500,472.

Equity

Distributed capital 1,828,804.

balance (deficit) (745,129.) _

Total Fund Equity 1,083,675.

Auditor’s report and notes to

financial statements 1,620,990.

STATE OF MISSISSIPPI

COUNTY OF RANKIN

THIS 18th DAY OF JANUARY, 2001, personally came

Marcus Bowers, publisher of the Rankin County

News a weekly newspaper printed and published in

the City of Brandon [illegible] County of Rankin and

State aforesaid, before me the undersigned of

[illegible] and for said County and State, who being

duly sworn, deposes of that said newspaper has been

published for more than 12 months is the first

publication of the attached notice and is qualified

under [illegible] 13-3-31, Laws of Mississippi, 1936,

and laws supplementary and [illegible]-tory thereto,

and that a certain

INDEPENDENT AUDITOR’S REPORT

FINANCIAL STATEMENTS

a copy of which is hereto attached, was published in

said newspaper (1) week, as follows, to-wit:

Vol 153 No. 24 on the 17th day of January, 2001

App. 63

/s/ Marcus Bowers

MARCUS BOWERS,

Publisher

Sworn to and _ subscribed before me by the

January, 2001

/s/ Frances Conger __, Notary

FRANCES CONGER

My Commission Expires:

January 25, 2002

PRINTER’S FEE: (12 cents per word for

first insertion and 10 cents per word for

each subsequent insertion) 258 words at

.12 each $[Illegible]

Tabulation —2 columns by 8.5 inches at

$6.00 per column inch $[Illegible]

Proof of Publication (2)........................e eee

I Bria Labisahcin chad eaukdy venkciwishyatoeeessunseveians $[Illegible]

App. 64

2007-2008 BUDGET WOR KSHEET

ORDINARY

EXPENSES

INCOME’ EXPENSE

WATER SALES

SEWER SALES

OTHER SALES WATER

OTHER SALES SEWER

LATE CHARGES

WATER

LATE CHARGES

SEWER

ASSESSMENT INCOME

WATER

ASSESSMENT INCOME

SEWER

TOTAL INCOME

PAYROLL EXPENSES

BANK CHARGES WATER

BANK CHARGES SEWER

EDUCATION EX WATER

EDUCATION EX SEWER

GAS & OIL WATER

GAS & OIL SEWER

STATE RETIR EX WATER

SMPLOYEE INS

EX WATER

EMPLOYEE INS

EX SEWER

INSURANCE WATER

INSURANCE SEWER

OFFICE EX WATER

OFFICE EX SEWER

PROF. EX WATER

PROF. EX SEWER

2007-2008

$241,418.22

$163,965.25

$7,436.23

$21,063.40

$9,246.74

$10,161.76

$44,423.21

$497,714.81

$194,184.86

$92.25

$27.50

$380.88

$640.75

$6,400.00

$7,400.00

$21,748.08

$25,800.00

$25,800.00

$11,767.68

$11,767.66

$6,230.82

57 433.75

$5,091.00

$5,091.00

PROJECTED ADJUSTMENTS

ASSESSMENTS

$241,418.22

$163,965.25

$7,436.23

$21,063.40

$9,246.74

$10,161.76

$80,471.00

$65,800.00

$599,562.60

$194,184 86

$92.25

$27.50

$380.88

$640.75

$6,400.00

$7,400.00

$21,748.08

$25,800.00

$25,800.00

$11,767.68

$11,767.67

$6,230.82

$6,433.75

$5,091.00

$5,091.00

2005-2006

AUDIT

$230,492.81

$150,816.22

$22,707.93

$39,377.16

$9,485.55

$10,285.55

$44,974.00

$151,254.37

$0.87

$14.37

$482.50

$539.50

$5,904.22

$6,682.09

$16,123.25

$10,255.61

$10,255.12

$9,371.24

$9,371.23

$1,137.18

$1,361.28

$3,350.00

$3,430.00

2004-2005

AUDIT

$217,330.00

$14,315.00

$37,903.00

$37,903.00

$10,650.00

$10,650.00

$44,540.00

$144,003.00

$126.00

$127.00

$8,426.00

$8 426.00

$13,891.00

$11,622 00

$11,622.00

$9,077.00

$9,077.00

$2,876.00

$2,875.00

$11,461.00

$11,462.00

2003-2004

AUDIT

$206,473.00

$133,186.00

$37,903.00

$37,903.00

$8,955.00

$8,955.00

$43,520.00

$148,178.00

$1,057.00

$1,056.00

$3,251.00

$3,252.00

$14,877.00

$9,269.00

$9,268.00

$9,216.00

$9,217.00

$2,663.00

$2,664.00

$2,503.00

$2,502.00

2002-2003

AUDIT

$191,798.00

$121,820.00

$14,151.00

$23,239.00

$6,045.00

$6,045.00

$22 828.00

$143,862.00

$1,018.00

$1,017.00

$5,641.00

$5,641.00

$14,661.00

$7,571.00

$7,572.00

$3,501.00

$3,501.00

$2,662.00

$2,662.00

$5,817.00

$5,817.00

App. 65

PUB EX WATER $443.12

PUB EX SEWER $443.13

R & M WATER $48,400.00

R & M SEWER $49,900.00

DUES & FEES WATER $274.50

DUES AND FEES SEWER $174.50

TELEPHONE EX WATER $2,036.62

TELEPHONE EX SEWER $2,036.64

UTILITIES EX WATER $33,150.00

UTILITIES EX SEWER $21,175.00

ACTUAL PROFTT (LOSS) PER AUDIT

TOTAL EXPENSE

NOTE PAYMENTS

PROFTT (LOSS)

$486,889.75

$110,200.00

($99,374.94)

$443.12

$443.13

$34,405.00

$63,895.00

$274.50

$174.50

$2,036.62

$2,036.64

$33,150.00

$21,175.00

$486,889.75

$110,200.00

$2,472.85

$130.99

$130.89

$40,523.81

$50,821.62

$559.00

$324.00

$1,962.82

$1,881.59

$30,398.45

$18,597.45

($26,870.00)

$39,418.00

$73,206.00

$442.00

$442.00

$19,602.00

$12,014.00

($70,098.00)

$37,486.00

$69,618.00

$432.00

$432.00

$24,222.00

re

$14,845.00

($32,296.00)

$34,905.00

$64,825.00

$138.00

$137.00

$22,455.00

$13,762.00

($35,691.00)