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Mississippi Statutes, Title 77

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Mississippi/Statutes

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Title 77, Public Utilities and Carriers

14 chapters · 678 sections in this title.

All chapters in Title 77678 Ch 5, Electric Power185 Ch 3, Regulation of Public Utilities155 Ch 9, Railroads and Other Common Carriers108 Ch 7, Motor Carriers67 Ch 6, Municipal Gas Authority of Mississip…39 Ch 11, Gas Pipelines and Distribution Systems25 Ch 1, Public Service Commission21 Ch 8, Transportation Network Companies20 Ch 13, Regulation of Excavations Near Under…19 Ch 2, Public Utilities Staff10 Ch 21, Mississippi Video Service Act10 Ch 19, Broadband Expansion and Accessibilit…9 Ch 17, Mississippi Broadband Enabling Act8 Ch 15, Local Natural Gas Districts2

39 sections·Filtered byTitle 77✕Ch 6✕

Miss. Code Ann. § 77-6-1 Short title
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This chapter shall be known and may be cited as the “Municipal Gas Authority of Mississippi Law.”
Miss. Code Ann. § 77-6-11 Board of commissioners
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The authority shall consist of a board of commissioners appointed by the respective utility commissions of the municipalities which are members of the authority. Each municipality shall appoint one (1) commissioner who may, at the discretion of the municipality, be an officer or …
Miss. Code Ann. § 77-6-13 Executive committee of board of commissioners
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The board of commissioners of the authority 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 comm…
Miss. Code Ann. § 77-6-15 Rights and powers of authority
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(a) The authority shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the rights and powers:(a) To adopt bylaws for the regulation…

Miss. Code Ann. § 77-6-17 Projects requiring financing by bonds; approval required; determination by authority; notice of determination; hearing; appeal from determination

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(a) The authority shall not undertake any project required to be financed, in whole or in part, with the proceeds of bonds without the approval of sixty percent (60%) of its members. Before undertaking such project, required to be financed in whole or in part with the proceeds of…

Miss. Code Ann. § 77-6-19 Municipalities that may contract with authority

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The municipalities with which the authority shall be authorized to contract to provide a gas supply pursuant to this chapter shall be those municipalities of this state or any other state who may distribute or be end-users thereof.

Miss. Code Ann. § 77-6-21 Contracts to buy gas from authority

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Any municipality which is a member of the authority may contract to buy from the authority gas required for its present or future requirements, including the capacity and output of one or more specified projects. As the creation of the authority is an alternative method, among ot…

Miss. Code Ann. § 77-6-23 Excess capacity or output may be sold or exchanged

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The authority may sell or exchange the excess capacity or output of a project not then required by any of its members or with any party with whom the authority may contract for such consideration and for such period and upon such other terms and conditions as may be determined by…

Miss. Code Ann. § 77-6-25 Provisions to be construed as authorizing joint and several ownership of projects

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The definitions and all other terms and provisions of this chapter shall be construed so as to include and authorize the joint or several ownership, operation, and/or maintenance by one or more municipalities or the authority of a project, or any undivided ownership interest ther…

Miss. Code Ann. § 77-6-27 Acquisition of property; contract requirements

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A municipality’s or the authority’s purchase of, contract for the acquisition of, or contract for any property, including any project or interest therein, or the construction of, or the operation and maintenance of, any project, owned or to be owned jointly by such municipality o…

Miss. Code Ann. § 77-6-29 Power to issue revenue bonds

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The authority may issue revenue bonds pledging to the payment thereof as to both principal and interest the revenues or any portion thereof, derived or to be derived from all or any of its projects, and any additions and betterments thereto or extensions thereof, or contributions…

Miss. Code Ann. § 77-6-3 Legislative intent

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The Legislature hereby finds and declares that certain municipalities of this state now own and operate gas distribution systems to serve their citizens, inhabitants and customers by providing them with gas for all purposes; and if such municipalities are to furnish, and if the m…

Miss. Code Ann. § 77-6-31 Revenue bonds; powers and duties

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(1) Each municipality and the authority are hereby authorized to issue at one (1) time or from time to time revenue bonds for the purpose of paying all or any part of the cost of any of the purposes authorized by this chapter. The principal of, premium, if any, and the interest o…

Miss. Code Ann. § 77-6-33 Security for bonds

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In the discretion of the governing board of the issuer, any bonds issued under the provisions of this chapter may be secured by a resolution, a trust indenture or other security instrument, and in this regard the issuer may enter into an agreement with any trust company or bank h…

Miss. Code Ann. § 77-6-35 Rents, rates, fees and charges by municipality

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A municipality is hereby authorized to fix, charge and collect rents, rates, fees and charges for gas and other services, facilities and commodities sold, furnished or supplied through the facilities of its gas system or its interest in any joint project. For so long as any bonds…

Miss. Code Ann. § 77-6-37 Rents, rates, fees and charges by authority

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The authority is hereby authorized to fix, charge and collect rents, rates, fees and charges for gas and other services, facilities and commodities sold, furnished or supplied through the facilities of its projects. For so long as any bonds of the authority are outstanding and un…

Miss. Code Ann. § 77-6-39 Pledge of municipality or authority valid and binding when made

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Any pledge made by a municipality or the authority pursuant to this chapter shall be valid and binding from the date the pledge is made. The revenues, securities and other moneys so pledged and then held or thereafter received by the municipality or the authority or any fiduciary…

Miss. Code Ann. § 77-6-41 Investment of all monies received

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All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues may be temporarily invested and reinvested pending the disbursements thereof in such securities and other investments as may be permitted by law for investment…

Miss. Code Ann. § 77-6-43 Rights of holders of bonds

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Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, except to the extent the rights herein given may be restricted by the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, m…

Miss. Code Ann. § 77-6-45 Bonds to be securities

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Bonds issued by a municipality or the authority under the provisions of Sections 77-6-29 through 77-6-57 are hereby made securities in which all public officers and agencies of the state and all political subdivisions, all insurance companies, banking associations, investment com…

Miss. Code Ann. § 77-6-47 Obligations of issuing municipality or authority

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The bonds shall be special obligations of the municipality or the authority issuing them. The principal of, premium, if any, and interest on the bonds shall not be payable from the general funds of the municipality or the authority, nor shall they constitute a legal or equitable …

Miss. Code Ann. § 77-6-49 Issuance of negotiable notes

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(1) The authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in Title 31, Mississippi Code of 1972, to issue from time to time its negotiable notes in anticipation of the issuance of such bonds as validated and …

Miss. Code Ann. § 77-6-5 Definitions

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(a) For purposes of this chapter, the following words shall have the meanings ascribed in this section unless the context otherwise requires:(a) “Authority” means the Municipal Gas Authority of Mississippi and any successor thereto. Any change in name or composition of the author…

Miss. Code Ann. § 77-6-51 Evidence of indebtedness to be considered negotiable instruments

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Notwithstanding any other law to the contrary, every evidence of indebtedness issued under this chapter shall have all the rights and incidences of negotiable instruments, subject to provisions for registration.

Miss. Code Ann. § 77-6-53 Refunding bonds

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A municipality or the authority is hereby authorized to provide by resolution for the issuance of refunding bonds of the municipality or the authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this chapter, includ…

Miss. Code Ann. § 77-6-55 Exemption from taxation

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Bonds, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation by the state or any political subdivision or any agency of either thereof, excepting inheritance, estate or gift taxes.

Miss. Code Ann. § 77-6-57 Dissolution of board of commissioners

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Whenever the board of commissioners of the authority and the utility commissions of its member municipalities shall by resolution or ordinance determine that the purposes for which the authority was formed have been substantially fulfilled and that all bonds theretofore issued an…

Miss. Code Ann. § 77-6-59 Annual reports; audits

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The authority shall, following the closing of each fiscal year, submit an annual report of its activities for the preceding year to the governing authorities and to the utility commissions of its member municipalities. Each such report shall set forth a complete operating and fin…

Miss. Code Ann. § 77-6-61 Application of laws of other states

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Legislative consent is hereby given (a) to the application of the laws of other states with respect to taxation, payments in lieu of taxes, and the assessment thereof, to any municipality or the authority which has acquired or has an interest in a project, real or personal, situa…

Miss. Code Ann. § 77-6-63 Grants and loans authorized

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The governing authorities of any municipality or the authority are hereby authorized to make application and to enter into contracts for and to accept grants-in-aid and loans from the federal and state governments and their agencies for planning, acquiring, constructing, expandin…

Miss. Code Ann. § 77-6-65 Powers and duties in connection with eminent domain, sales to customers of public utilities, and utility lines and rights-of-way

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Municipalities participating in a project of the authority shall possess the power of eminent domain for a project authorized by this chapter to the extent and in the same manner and under the same laws now available to municipalities under the laws of this state; provided, howev…

Miss. Code Ann. § 77-6-67 Where utility commission and municipality have same governing authorities

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Whenever the governing authorities of the utility commission and of any municipality are one and the same, separate actions required by this chapter by the governing authorities of the municipality with respect to an action or determination required by this chapter by the governi…

Miss. Code Ann. § 77-6-69 Provisions supplemental to other laws

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The foregoing sections of this chapter shall be deemed to provide an additional, alternative and complete method for the doing of the things authorized thereby and shall be deemed and construed to be supplemental and additional to powers conferred by other laws, and shall not be …

Miss. Code Ann. § 77-6-7 Municipal Gas Authority of Mississippi created; purpose; initial membership; principal office

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(a) There shall be created a local distribution company of the state to be known as the Municipal Gas Authority of Mississippi for the purpose of undertaking the planning, financing, development, acquisition, construction, reconstruction, improvement, enlargement, betterment, ope…

Miss. Code Ann. § 77-6-71 Provisions not subject to Public Service Commission law

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(1) The rates, services and practices relating to the purchase, development, storage, transmission, distribution and sale by the authority of gas as authorized by this chapter shall not be subject to the provisions of the Mississippi Public Service Commission law nor to its regul…

Miss. Code Ann. § 77-6-73 Provisions to be liberally construed

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In order to effectuate the purposes and policies prescribed in this chapter, the provisions hereof shall be liberally construed.

Miss. Code Ann. § 77-6-75 Members of legislature to have no interest in bonds

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No member of the Legislature or elected official or any partner or associate of any member of the Legislature or elected official shall be interested or derive any income, either directly or indirectly, from the issuance of any bonds under this chapter during his or her term of o…

Miss. Code Ann. § 77-6-77 Temporary borrowing through revenue anticipation notes for current and necessary expenses

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(1) The authority is hereby authorized to make temporary borrowings through revenue anticipation notes for the purpose of meeting the current and necessary expenses of the authority (including the purchase of gas supplies) and paying the costs of issuing the revenue anticipation …

Miss. Code Ann. § 77-6-9 Membership in authority after its creation; withdrawal

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After the creation of the authority, any other municipality may become a member thereof upon application to such authority after the adoption of a resolution by the utility commission of the municipality setting forth the determination and finding prescribed in Section 77-6-7, an…