History

 

In 1940-1941, the United States Government through an Act of Congress took over 6,000 acres for the Ordinance Plant that was built in the Kearney Park area.  On December 16, 1946, Reconstruction Finance Corporation acquired the property by virtue of Section 18(e) of the Surplus Property Act of 1944, as amended.  In July of 1950, the United States of America sold a large part of the acreage, structures and equipment from the Ordinance Plant to the Joe L. Moore & Company, an Alabama corporation, and Frank Simpson from Flora was appointed Assistant Secretary of the Joe L. Moore & Company, Inc,. in order to dedicate the plat of Kearney Park Addition.

 

On December 8, 1950, Kearney Park Utility Company became a profit corporation licensed within the State of Mississippi.  The officers of the corporation at this time were Joe L. Moore & Co., Inc., Fleetmaster Corporation, M-R-S Manufacturing, and The Pilliod Lumber Products Co.  Stockholders in the company consisted of the industrial businesses operating in the Kearney Park area. These entities carried the burden of the operating expenses of the utility company as well as fire protection. 

 

On April 9, 1951, Kearney Park Utility Company was approached by several individuals/entities requesting water service and fire protection.  In 1953, Kearney Park Utility Company began divesting itself of railroad track spurs by conveying them to either the railroad or to the companies that were using the spurs.

 

In 1955, Kearney Park Utility Company’s expenses were exceeding its income and the stockholders were assessed additional fees to keep it running.  The same thing happened in 1956, etc., and Kearney Park Utility Company began to charge a fee per year for anyone in the area for fire protection services (this included the Town of Flora).  In 1961 and 1962, Kearney Park Utility Company was in serious financial difficulty.  The fire protection rating dropped due to the deteriorated conditions of the fire department and its equipment.  In 1964, Kearney Park Utility Company enacted a cut off and reconnection fee policy to help offset its expenses.  In 1967, new customers were being added daily and Kearney Park Utility Company had also acquired customers living in trailers near the M-R-S apartments.

 

In November 1968, Kearney Park Utility Company contacted Fred Estes and Frank Simpson regarding Magnolia Heights.  Kearney Park Utility Company informed the two developers that Kearney Park Utility Company went into the water business in order to supply the industry in the area with water, not to supply water to a residential area.  Kearney Park Utility Company would supply Magnolia Heights water but it would be sold to either of them (Fred Estes or Frank Simpson) on the basis of $5.00 per house in one billing.  In 1969, Kearney Park Utility Company discussed the formation of a collection agency for non-payment of utilities/fire protection.

 

West Madison Utility District was created by the Madison County Board of Supervisors following  a public hearing September 8, 1970, as required by Senate Bill 1520 of the 966 Extraordinary Session of the Mississippi Legislature. However, Kearney Park Utility Company continued to manage the water/sewer and fire protection service in this area.

 

West Madison Utility District approached Kearney Park Utilities about providing water service to the Magnolia Heights area.  Kearney Park Utility Company still held the belief that it was established to only service the industrial area, and it wanted to stay separate and create its own utility district. 

 

Kearney Park Utility Company’s lagoon no longer met current minimum EPA requirements, and it was in the process of reviewing plans for the construction of a new lagoon.  During this time, Magnolia Heights was discharging raw sewage into the Big Black River.  The EPA and the Public Service Commission became involved with Kearney Park Utility Company’s discussions regarding its application for certificated area to provide water.  Kearney Park Utility Company did not want to include Magnolia Heights within its application for certification, but since it was providing water to Magnolia Heights by billing the developers, the Public Service Commission informed Kearney Park Utility Company that it would have to include Magnolia Heights.   Also, the Public Service Commission wanted Kearney Park Utilities to provide the sewer service for Magnolia Heights, but before the area could be added to the certification process, it would have to be approved by the State Health Department. 

 

Old Minutes state that Magnolia Heights was built in 1966. When Magnolia Heights was developed, the sewer line was there, but according to the Minutes, the water lines were put in by using plastic lines in 1966, per conversations with Fred Estes.  In 1972, there were 320 residential houses in Magnolia Heights. In 2018, West Madison Utility District applied for a State Revolving Fund Loan, the majority of which is to be spent to replace 26,100 linear feet of galvanized water pipes with pvc pipes.  The majority of the galvanized pipes are located in Magnolia Heights and the Kearney Park Road/Livingston Road intersection.

 

In July, 1973, Fred W. Estes and Frank D. Simpson conveyed all of the water and sewer systems in Parts 1, 2, 3, 4 and 5 of Magnolia Heights, and the utility bills for the existing street lights, to Kearney Park Utility Company. The large companies in the area also conveyed the water and sewer lines to Kearney Park Utility Company.  

 

In August of 1973 the Certificates of Public Convenience were issued to Kearney Park Utility Company for the water and sewer systems.  These certificated areas did include the residential areas.   It was at this point that the stockholders of Kearney Park Utilities had to agree to “meter all customers residential and commercial and to spread the charges out over all residential customers as well and the industries.” 

 

Plans began in 1972 to relocate the lagoon to the location where it sits today near the Big Black River. Per Minutes, the finish date of construction was 1975.

 

In 1976, the sewer service provided by Kearney Park Utility Company served 196 residential customers, 7 small industrial and commercial customers and 4 large industrial customers.

 

October 23, 1978 Minutes reference the residents of Magnolia Heights expressing their dissatisfaction with the water and sewer rates.  Kearney Park Utility Company explained that the cost of operation of the utilities company was allocated on the basis of the gallons of water used.  It also explained that it had never made a profit and, therefore, all users had to accept a pro-rata share of the costs. M-R-S, RegalWare, Flora Compress and Southland Container agreed to absorb the greatest cost of the utility expenses.  The Public Service Commission stated that all users needed to be metered.

 

In 1980, Kearney Park Utilities Company objected to the petition to incorporate the Kearney Park Industrial Area and Magnolia Heights.

 

Old records indicate that Kearney Park Utility Company encountered numerous debts in trying to keep the water and sewer systems running.  It became obvious in 1983 that the system needed to be overhauled, renovated and rebuilt.  Kearney Park Utility Company was at a serious, emergency-type situation.  It could not receive loans or grants from the government, so Kearney Park Utility Company agreed to turn over the operating facilities to the West Madison Utility District. West Madison Utility District would be able to obtain federal and state funds to overhaul and repair the water and sewer systems.  Flora Compress, M-R-S, Regal Ware and Southland Container, the four remaining industrial companies, all agreed unanimously to convey their interests in the water, sewer and fire land, equipment, lines, etc., to West Madison Utility District.

 

On July 12, 1985, the Board of Supervisors approved the volunteer fire department to operate as a fully certified fire department based on MS Code Ann. Of 1972, as amended, which allowed them to share in the Volunteer Fire Fund disbursements made by the County. 

 

In June and July of 1986,  Kearney Park Utility Company conveyed all its interests (this included its debts, assets, furniture, structures, equipment, fire trucks, fire equipment, land, water and sewer lines, etc.) to the entity known as West Madison Utility District.  In 1987, Kearney Park Utility Company filed a Statement of Intent to Dissolve, but the company was not officially dissolved until 1994.

 

West Madison Utility District (“WMUD”) began managing the water and sewer service as well as the fire protection service within West Madison Utility District.  This was also when West Madison Utility District acquired its first Rural Development loan to make repairs to the water/sewer system in the Magnolia Heights area as well as to the lagoon, and it is still paying on this loan today (2018).

 

In 1987, the Supervisors approved the expansion of the West Madison Utility District to include Fire Protection within the District and the “Fire Protection District” was officially formed.  The building where it was housed and all older equipment, however, were owned by West Madison Utility District.  Newer equipment could now be purchased with tax monies distributed by the Volunteer Fire Fund and this equipment would then become the property of the “fire department” that was still managed by the West Madison Utility District Board of Commissioners.

 

In 1988, West Madison Utility District and Mike Espy, Congressional Representative to Rural Housing/Farmers Home Administration, wrote letters to USDA Farmers Home Administration requesting a review of the water/sewer problems at Magnolia Heights Subdivision and for an investigation regarding the homes built within Magnolia Heights that were financed with FHA.  It was stated that these homes could not have met FHA standards as some had 6 inch sewer lines running directly beneath their foundations, four homes were serviced by only a 4 inch sewer lines and inadequate easement allowances for sewer lines existed.  A request was made of FHA to furnish money to fix these problems as the Rural Development Loan just acquired could not fix everything in this area.  NOTE: There is nothing in WMUD’s records about a response to this issue, but some of the past grants have fixed some of these issues.

 

In 2005, the well behind the current WMUD office (Well No. 1 built in 1942, 1,323 ft depth) was no longer able to be used due to sand production issues.  The pumps and the1,000,000 gallon ground tank are still on the property (2018).

 

In 2007-2008, a separate building was constucted for the Fire Department on WMUD’s land; and WMUD’s building that now houses the Community Center/WMUD office was rebuilt.

 

In 2010-2012, the well at the end of Virlilia Road/Livingston Vernon Road caved in (Well No. 3 built in 1943, 1,404 ft.depth) and WMUD had to obtain a second Rural Development Loan, that it is still paying (2018).  Two grants were obtained as well in order to purchase another well at the end of Lep Childress Road (built in 1942, 1,398 ft depth that belonged to the Town of Flora), that currently serves as a back-up well, and to assist with the building of the new well at the same location of where the old Well No. 3 at the end of Virlilia Road/Livingston Vernon Road caved in.

 

In September, 2015 the Board of Supervisors separated the Fire Department into a separate Board, but later dissolved the Fire District Board.  In 2016, the Board of Supervisors discussed placing all fire districts under one overall county fire department.  In June, 2018, the Board of Supervisors voted to form the Kearney Park Fire Protection District.  It will have its own Board that will be separate from the West Madison Utility District Board of Commissioners.