Title 77, Public Utilities and Carriers

Any existing corporations under the laws of the State of Mississippi organized for the same general purposes as the corporations provided for by this article may be chartered under this article by filing with the secretary of state a certificate, approved by a majority of the boa…

A corporation may amend its certificate of incorporation to change its corporate name, to increase or reduce the number of its directors, or to change any other provisions therein. Notwithstanding any provisions of a corporation’s certificate of incorporation to the contrary, if …

(a) Any two (2) or more corporations may enter into an agreement for the consolidation of such corporations. Such agreement, which may or may not require the dissolution of one or both of the corporations as provided in Section 77-5-219, shall set forth the terms and conditions o…

(a) Upon complying with the requirements of Section 77-5-217 or 77-5-237, a corporation may be dissolved by filing, as hereinafter provided, a certificate which shall be entitled and indorsed “certificate of dissolution of ” (the blank space being filled in with the name of the c…

A corporation shall have a board of directors, and the powers of the corporation shall be vested in and exercised by such board of directors. The directors of the corporation, other than those named in a certificate of incorporation, shall be elected annually by the members entit…

(a) The board of a corporation shall have power to do all things necessary or convenient in conducting the business of the corporation, including, but not limited to:(a) To adopt and amend bylaws for the management and regulation of the affairs of the corporation. The bylaws of a…

Except as hereinafter provided, the corporate purpose of a corporation shall be to render service to its members only. Any person may become and remain a member if such person shall use energy supplied by such corporation and shall comply with the terms and conditions in respect …

A corporation may issue to its members certificates of membership in such form as the bylaws may prescribe. Each member shall be entitled to only one (1) vote on each matter submitted to a vote at the meetings of the members of the corporation, but voting by proxy, by mail or ele…

A corporation is hereby vested with all power necessary or requisite for the accomplishment of its corporate purpose, and no enumeration of particular powers hereby granted in this article shall be construed to impair any general grant of power herein contained, or to limit any s…

(1) A corporation shall have power to do any and all acts or things necessary or convenient for carrying out the purposes for which it was formed, including, but not limited to:(a) To sue and be sued.(b) To have a seal and alter the same at pleasure.(c) To acquire, hold and dispo…

To the extent necessary in the judgment of its board to make effective the powers conferred by this article, a corporation shall continue to have the power to acquire, construct, own, invest in, operate, maintain, and/or improve generating and/or transmission assets.

(1) A corporation shall have the power to fix, adjust, charge, collect and pay reasonable rates for electric energy and other facilities, supplies, equipment, products, commodities, goods and services furnished by, offered by or furnished to the corporation. All rates of a corpor…

(1) A corporation may sell, lease, exchange or otherwise dispose of all, or substantially all, of its property only if all of the following conditions are satisfied:(a) The proposed purchaser shall file with the board of directors of the corporation and the Public Service Commiss…

A corporation shall have the power to incur obligations and liabilities, borrow money, issue notes, bonds, certificates of indebtedness and other obligations, and to enter into contracts of guaranty.

Any note, bond, or other indebtedness issued by a corporation may bear such interest rate or rates as may be determined by the board of directors of the corporation.

A corporation shall have the power to execute and deliver any of one or more mortgages, deeds of trust, financing statements, or other instruments to secure debt covering, or to create by other means a security interest in, any or all of the real or personal property assets, righ…

A corporation shall have power out of any funds available therefor to purchase any bonds issued by it at a price not exceeding the principal amount thereof and accrued interest thereon. All bonds so purchased shall be canceled.

All monies of a corporation from whatever source derived, shall be deposited or prudently invested in one or more banks, trust companies, or financial institutions, as may be approved by the board of directors, and, if the corporation shall so require, each of such accounts shall…

A corporation and its property shall be taxed and assessed in accordance with the laws of the State of Mississippi.

This article is to be liberally construed, and the enumeration of any object, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. This article is complete in itself and shall be controlling. The prov…

All corporations created under this article shall submit annual financial and compliance audits to the Mississippi Public Service Commission and Public Utilities Staff for review and archiving.

(1) Subject to the limitations herein, the Public Service Commission shall investigate, review and mediate any dispute which qualifies as specified herein between a member or customer and the corporation of which he is a member. The minimum amount of a dispute which shall qualify…

(1) As used herein, the phrase “generation and transmission cooperative” or “G&T cooperative” shall mean a corporation that is formed under this article for the primary purpose of providing wholesale power supply to its members as a wholesale power supply cooperative, and whose m…

It is hereby recognized that certain corporations formed or operating under this article have entered into contracts with the Tennessee Valley Authority for the purchase of wholesale electric power and that the operations, facilities, services and rates of such corporations are t…

In any action or regulatory proceeding arising from any overbilling or underbilling by a corporation, no collection, reimbursement, or other relief may be awarded for underbillings or overbillings occurring more than six (6) years prior to the commencement of the action or regula…

The counties of the State of Mississippi, acting by and through their boards of supervisors, are hereby authorized to erect, construct, purchase, and/or acquire and/or maintain and/or operate electric light plants, electric transmission lines, electric distribution system substat…

The board of supervisors of any county is expressly authorized to combine with any other county and/or municipality and/or counties and/or municipalities in the purchase and/or construction and/or the leasing and/or the acquiring of any of the properties enumerated in the precedi…

In the event the board of supervisors of any county shall decide to exercise the powers authorized by this article, it shall adopt an ordinance expressing such intention and outlining the nature of the project and/or projects to be undertaken, and fix the maximum sum to be expend…

No board of supervisors taking advantage of the provisions of this article shall issue any notes, bonds, or other obligations against the county for the purpose of paying or securing the payment of the cost or expense of purchasing, constructing, or otherwise acquiring, extending…

The board of supervisors of any county is expressly authorized to exercise the power of eminent domain anywhere in the state, within or without the boundaries of such county, in order to acquire any property, real or personal, necessary or useful in the furtherance of the provisi…

No statutes fixing the maximum amount of indebtedness of the county or prohibiting the issuance of bonds, notes, or other evidences of indebtedness shall apply or operate to limit the amount of money to be borrowed under this article, and in computing the indebtedness of any coun…

All rights, privileges, powers and duties granted or imposed in the preceding sections to counties acting through their boards of supervisors shall likewise apply and be applicable to the municipalities acting through their governing authorities, who may exercise the same conjunc…

It being the purpose of this article to promote rural electrification and encourage the Tennessee Valley Authority to distribute electric power in this state, the provisions of this article shall receive a liberal interpretation and construction. It is not the purpose of this art…

This article may be cited as “The Municipal Electric Plant Law of 1936.”

(a) The following terms when used in this article shall have the following meaning:(a) The term “municipality” shall mean any county, incorporated city, town or village in the State of Mississippi.(b) The term “electric plant” shall mean generating and/or transmission and/or dist…

(a) Every municipality shall have power and is hereby authorized:(a) To acquire, improve, operate and maintain within and/or without the corporate or county limits of such municipality, without respect to the limitation of any other law, and (with the consent of such other munici…

(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…