Governor Tate Reeves issued the following statement on Facebook.
Less than four years ago, the City of Jackson’s water system was just days away from a catastrophic and total collapse, which would have resulted in over 131,000 residents and countless state offices, businesses and employees being unable to obtain clean drinking water or even flush their toilets.
To avoid this humanitarian crisis, on August 29, 2022, I cut short a pre-planned official travel engagement and flew to Jackson to issue a state of emergency placing the Jackson water system under state control. Over the next three months, the State committed countless hours of critical manpower hours and oversight, and millions of dollars, to stabilize the system and return running water to the City.
Following the termination of the state of emergency - with my support and encouragement - the water system, by agreement of the United States Department of Justice, EPA, the Mississippi Department of Health, and the City was placed into a receivership under the supervision of the United States District Court. The Federal Court appointed JXN Water as the receiver/Interim Third Party Manager (ITPM) to oversee and operate the system. Since its appointment, while certainly not perfect, JXN Water has made vast improvements and upgrades to the system and has attempted to get a handle on the system’s finances. It is no secret that JXN Water expects to seek court approval to withdraw as the receiver sometime in 2027.
To provide the Court with a viable option to replace JXN Water as the receiver, the Mississippi Legislature passed and I signed into law House Bill 1677 creating the Metro Jackson Water Authority. The Authority is a public benefit corporation under the control of a nine-member board. Contrary to the assertions of the City in its recent court filing, the legislation does not mandate or require the City to transfer its water system to the Authority. Rather, the legislation empowers the Authority to “commence negotiations with the city” to enter into a lease of the water system. Simply stated, the legislation is not a taking of the water system.
The legislation does not in any way encroach upon the power or discretion of the Federal Court to oversee the water system through the court-appointed receiver during the pendency of the court case. The legislation expressly acknowledges that the Authority shall have no power to assume management or control of the water system until the date of termination of the receivership or as otherwise ordered by the Court. Further, the president of the Authority will serve as a deputy to the receiver “until the court enters final judgment.” No provision of the legislation seeks to weaken or limit the power or discretion of the Federal Court during the pendency of the court case. I am confident that once the Court has sufficient time to carefully consider the legislation and the State’s briefing, it will find the City’s procedurally improper legal challenges under both the Takings Clause and the Supremacy Clause to be meritless. In fact, I would expect the Court to find the public benefit corporation to be a mutually beneficial off-ramp to enable a smooth transition to happen at the appropriate time, as chosen by the Court.
Nevertheless, out of respect for and due to the Court’s entry of a “status quo” injunction, I will not be making my three appointments to the Authority board at this time. The State will continue to work with the Court to ensure that when the receivership is terminated, control of the water system will be transferred to an entity that can best serve the residents, state offices and businesses of Jackson.
Finally, I feel it is important to say that this new frivolous court filing by the City leadership to ignore the facts of the last four years just further solidifies my belief that the governance of the system can NEVER be returned to the pre- August 29, 2022 structure that led to the initial Emergency Declaration. The people of Jackson and the ratepayers of the system deserve better than having to ever go through that mess again. The Authority created under House Bill 1677 is the best way to ensure future chaos is avoided.Kingfish note: Uh-huh. There is nothing stopping the Governor from making his appointments now. Ironically, Jackson will control the Board once Byram makes its appointment as there will be six members on the Board, enough for a quorum.
19 comments:
Tater did not pen this BS.
Tate knows who he wants, and I'm sure the appointees are also aware.
There is nothing for them to officially do at this time
Even Tate knows the benefits of showing respect, even if calculated, to a federal judge
Uh-huh KF! Tell me what a 6 or 9 member board can do next week??? They have absolutely no power till the judge says so and the City leases the system. I envision Ted leaves and the Judge appoints another one. This could take a while!!!
BTW. Bryam has named their representative.
Water prices will double and there’s not much one can do
Can't do anything beyond appts.
Title should read: "Wingate Delays Appointments".......due to his need to politically protect himself.
This should Not be delayed as Jackson is incapable of operating an Ice Cream truck. What happens when the next mayor takes over. It is unfair to lay taxes on taxpayers throughout other counties to offset what COJ cannot manage. Throwing a lawsuit COJ is like pouring gas on a FIRE. Grow up & accept consequences for years of malfeasance.
With a quorum the board can select a president.
Newsflash, Gomer: Why do you think he has lawyers on staff?
So?
Assuming there is a board with a quorum at some point where does this board get money to hire lawyers and all the other things they need money for before they get control of what JXN Water has?
Does the city pay their bills?
Do they send the bills to the judge?
Do they get a title loan on their water plant from some venture capitalists?
Or from some dope boys?
I don’t think it is a question of “who Tate wants”, I think it is the question of “who will take the job”.
This whole water situation has become a cluster f***! City government puts respect over a functioning water and sewer system. Jackson is full of ignorant citizens who are happy to sit on the porch and wait on equally intelligent leadership to act. Until this attitude changes, the downward spiral will continue and the cost to fix it will rise for all the citizens of Mississippi.
The City voluntarily entered into a stipulated court order giving up control of the water system to the third party manager. The city is on the hook for all the fines it accumulated under the administrations of Harvey through Antar. And the city can't afford to pay them, nor can it keep its shit out of the water.
The ONLY way the recievership can end is by the terms of the agreement, which is .....
VI. MODIFICATION
23.
Except as otherwise provided herein, the terms of this Stipulated Order may be
modified only by a subsequent written agreement signed by all the Parties and approved by the
Court.
Court.
VII. TERMINATION
24.
25.
This Stipulated Order shall terminate when a final judgment is entered by the
VIII. EFFECT ON ADMINISTRATIVE ORDERS
During the pendency of this Stipulated Order, this Stipulated Order supersedes the
Emergency Order and the Consent Order and any MSDH order existing as of the Effective Date.
https://www.courthousenews.com/wp-content/uploads/2022/11/us-jackson-mississippi-water-manager-order.pdf
The City agreed to this order ... because Antar took over the water, ordered substandard parts, and we lost all water. The City cannot legally turn around and say "do over."
The City has two options. Continue with its agreement, probably with Henfin leaving and the federal courts deciding on his replacement OR having the federal courts rewrite the Senate bill Tater signed into law ...unless the feds and the state work it out, which is my guess. Because the bottom line is ... Wingate holds the cards.
Nothing will change if Jackson has control of this board because indecision and impasse are the hallmarks of their style of governance.
Gubnor is in tight seclusion trying to get a backbone so he can add Bennie to his Special Session. Will he or won't he? I say he's chicken and will come up with some bullshit reason why not. Delbert was going to call in sick anyway and Mr. Speakuh don't understand the problem.
Sorry to say, 12:36 - maybe you ought to read the law that was just signed and see what it says, because it specifically spells out things that the board is supposed to do, this week and next. They have a lot of 'power' other than actually managing the system once it is transferred from the judge. And some of those things are, according to the law, to be completed within the month of May.
sorry bud, but you are drilling a dry hole . Tater is not considering adding redistricting of Bennies district to the call. Even if the state tried to do such a redistricting, it would not be in place for the elections this year; we have already held our elections, unlike some of the other states, and a doover is not possible. Hate that this will spoil your wet dream, but hey, life is tough sometimes and you can't always get what you want.
7:15. So the Governor is breaking the law he signed a few weeks ago??? Get real! That board can’t tell JXN water and/or the City what to do. KF will be posting about this 3-4 years from now and it still won’t be resolved!
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