Title 77, Public Utilities and Carriers

(a) Before any bonds are issued under this article an election shall be held in the manner herein provided. The governing body of the municipality shall adopt a resolution (herein called the “election resolution”) which shall state in substance:(a) the amount or maximum amount of…

If a majority of the qualified voters who vote in such election vote “for the issuance of electric plant bonds,” the governing body of the municipality shall proceed to issue the bonds described in the election resolution. If no such majority so assents, the proposition thus defe…

(1) If an election on the proposition is had and such election results in favor of the proposition, the bonds so authorized may be validated in the manner prescribed in Chapter 13 of Title 31, Mississippi Code of 1972. (2) In all instances where during the year 1948 any city in M…

The bonds may be issued in one or more series, may bear such date or dates, may mature at such time or times, not exceeding thirty (30) years from their respective dates, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry suc…

(a) In order to secure the payment of any of the bonds issued pursuant to this article, and interest thereon, or in connection with such bonds, the governing body of any municipality shall have power as to such bonds, to the extent not inconsistent with the mandatory provisions o…

(a) Any holder or holders of bonds, including a trustee or trustees for holders of such bonds, shall have the right, in addition to all other rights:(a) By mandamus or other suit, action or proceedings in any court of competent jurisdiction to enforce his or their rights against …

(a) Any municipality shall have power by resolution of its governing body to confer upon any holder or holders of a specified amount or percentage of bonds, including a trustee or trustees for such holders, the right in the event of an “event of default” as defined in such resolu…

Bonds may be issued under this article notwithstanding and without regard to any limits or restriction on the amount or percentage of indebtedness or of outstanding obligations of any municipality contained in any law.

All expenses actually incurred by the governing body of any municipality in the making of surveys, estimates of cost and of revenues, employment of engineers, attorneys or other employees, the giving of notices, taking of options, selling of bonds, and all other preliminary expen…

Any municipality, excepting those which have a population of less than two thousand (2,000), issuing bonds under the provisions of this article for the acquisition of an electric plant shall, and any municipality now or hereafter owning or operating an electric plant under this a…

Each member of the board of public utilities shall give such bond, if any, as may be required by resolution of the governing body of the municipality and shall qualify by taking the same oath of office as required for members of such governing body. A majority of the board shall …

The general supervision and control of the acquisition, improvement, operation and maintenance of the electric plant shall be in charge of the following agency (hereinafter referred to as the “supervisory body”): the board of public utilities, or if there be no board, then the go…

All moneys derived from the issuance of bonds under the provisions of this article, together with any federal grant made in connection therewith, shall be paid to the proper fiscal agent of the supervisory body. Such agent shall deposit such moneys, together with all receipts fro…

All moneys received from the issuance of bonds shall be used solely to defray the cost of acquiring or improving an electric plant, except that such proceeds may in the discretion of the supervisory body also be used for the payment of the interest on the bonds during the first t…

The supervisory body of a municipality proceeding under the terms of this article shall devote all moneys derived from any source other than the issuance of bonds to or for the payment of all operating expenses; bond interest and retirement and/or sinking fund payments; the acqui…

The supervisory body shall charge the municipality and all departments and works thereof for any electric service furnished to them, at the rates applicable to other customers taking service under similar conditions. Revenues derived from such service shall be treated as all othe…

The board of public utilities shall keep a complete and accurate record of all meetings and actions taken, and of all receipts and disbursements, and shall make reports of the same to the governing body of the municipality at stated intervals, not to exceed one (1) year. Said rep…

Any municipality proceeding under the provisions of this article is hereby authorized and empowered to condemn any land, easements or rights of way either on, under or above the ground, for any and all purposes necessary in connection with the construction, operation and maintena…

Any municipality may use any right of way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of an electric plant, held by the state or any other municipality, provided that such other munici…

The governing body of the municipality may dispose of all or substantially all of the electric plant acquired by means of bonds issued under the provisions of this article, but only with the approval of the supervisory body and a majority of those voting in an election held as fo…

This article is for the public purpose of promoting the increased use of electricity in the urban and rural areas of this state, and to enable all counties, as well as cities and towns, to secure the benefit of the surplus power generated or to be generated by the Tennessee Valle…

(1) Whenever a corporation or association organized under the provisions of Article 5 of this chapter (hereafter referred to in this article as the “filing corporation”) or whenever a group of persons which has formed a temporary organization with the intention of forming such a …

In the event that the filing corporation within the six months period provided for in Section 77-5-501 shall enter into any loan agreement with any federal agency for the financing of its proposed electric system, and shall file a written notice thereof with the authority, togeth…

It shall be the duty of the authority to give notice in writing of the filing of the map or maps and statement and the loan agreement provided for in Sections 77-5-501 and 77-5-503 to each electric utility and power and light company having any electric transmission or distributi…

The authority is hereby authorized to make and promulgate reasonable rules and regulations to carry out the provisions of this article and to take appropriate action for the enforcement thereof, including proceedings for injunctions against violations thereof, instigated in the n…

Any filing corporation may institute proceedings to enjoin any violations of this article in the chancery court of any county where said filing corporation may have its principal place of business or where any such violations are alleged to take place or to be threatened, and suc…

In any proceeding for the enforcement of this article, a certified copy of the statement mentioned in Section 77-5-501 shall be admitted in evidence and shall be presumed to be prima facie proof of the verity and accuracy of all statements therein required by the provisions of sa…

During the periods of six (6) and twelve (12) months, respectively, as provided in Sections 77-5-501 and 77-5-503, no person, firm, association or corporation within the area or areas indicated upon said maps within which the filing corporation proposes to operate shall have the …

This article shall not apply to the furnishing of electric energy to manufacturing, processing or industrial enterprises or to buildings necessary and appropriate to the operation of said enterprises, including residences, or to the solicitation of such electric service, or to th…

Any municipal corporation, county, city, town, or village, power district or improvement authority, hereinafter called “municipality,” owning and/or operating or hereafter authorized to acquire and/or operate any electric generation, transmission and/or distribution system, is he…

Nothing contained in this article shall be construed as a restriction or limitation upon any authority, power or right which any municipality may have in the absence hereof. This article shall be construed as cumulative and shall be in addition and supplemental to any power, auth…

This article may be cited as the “Joint Municipal Electric Power and Energy Law.”

(a) The legislature of the State of Mississippi hereby finds and determines that:(a) A critical situation exists with respect to the present and future supply of electric power and energy in the State of Mississippi;(b) The cost of energy either purchased at wholesale or generate…

(a) The following terms, whenever used or referred to in this article, shall have the following respective meanings, unless a different meaning clearly appears from the context:(a) “Bonds” shall mean electric revenue bonds, notes and other evidences of indebtedness of a joint age…

In addition and supplemental to the powers otherwise conferred on municipalities by the laws of the state, and in order to accomplish the purposes of this article and to obtain a supply of electric power and energy for the present and future needs of its inhabitants and customers…

Each municipality shall own an undivided interest in any project in proportion to the amount of the money furnished the value of property or other consideration supplied by it for the planning, development, acquisition or construction thereof, and shall be entitled to a percentag…

Capacity or output or related services derived by a municipality from its ownership share of a project not then required by such municipality for its own use and for the use of its consumers may be sold or exchanged by such municipality, for such consideration and for such period…

Municipalities proposing to jointly plan, finance, develop, own and operate a project are hereby authorized, either jointly or separately, to apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such licenses,…

Municipalities participating in a joint project or projects are hereby authorized to enter into contracts for the exchange, interchange, wheeling, pooling and transmission of electric power and energy produced by such project or projects with any municipality of this state or any…

(a) The utility commissions of two (2) or more municipalities may, by resolution or ordinance, determine that it is in the best interests of the municipalities in accomplishing the purposes of this article to create a joint agency as prescribed herein for the purpose of undertaki…

After the creation of a joint agency, any other municipality may become a member thereof upon application to such joint agency after the adoption of a resolution by the utility commission of the municipality setting forth the determination and finding prescribed in Section 75-5-7…

The joint agency shall consist of a board of commissioners appointed by the respective utility commissions of the municipalities which are members of the joint agency. Each municipality shall appoint one (1) commissioner who may, at the discretion of the municipality, be an offic…

The board of commissioners of a joint agency may create an executive committee of the board of commissioners. The board may provide for the composition of the executive committee so as to afford, in its judgment, fair representation of the member municipalities. The executive com…

(a) Each joint agency shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including, but without limiting the generality of the foregoing, the rights and powers:(a) To adopt bylaws for the regula…

(a) No joint agency shall undertake any project required to be financed, in whole or in part, with the proceeds of bonds without the approval of a majority of its members. Before undertaking any project, a joint agency shall, based upon engineering studies and reports, determine …

Any municipality which is a member of the joint agency may contract to buy from the joint agency power and energy required for its present or future requirements, including the capacity and output of one or more specified projects. As the creation of a joint agency is an alternat…