Title 77, Public Utilities and Carriers

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…

A joint agency may sell or exchange the excess capacity or output of a project not then required by any of its members for such consideration and for such period and upon such other terms and conditions as may be determined by the parties to any municipality in this state or any …

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

A municipality’s or joint agency’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 or…

A joint agency may issue its 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 or…

(1) Each municipality and joint agency is hereby authorized to issue at one (1) time or from time to time its bonds for the purpose of paying all or any part of the cost of any of the purposes authorized by this article. The principal of, premium, if any, and the interest on such…

In the discretion of the governing board of the issuer, any bonds issued under the provisions of this article 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…

A municipality is hereby authorized to fix, charge and collect rents, rates, fees and charges for electric power and energy and other services, facilities and commodities sold, furnished or supplied through the facilities of its electric system or its interest in any joint projec…

A joint agency is hereby authorized to fix, charge and collect rents, rates, fees and charges for electric power and energy and other services, facilities and commodities sold, furnished or supplied through the facilities of its projects. For so long as any bonds of a joint agenc…

Any pledge made by a municipality or joint agency pursuant to this article 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 joint agency or any fiduciary s…

All moneys received pursuant to the authority of this article, 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…

Any holder of bonds issued under the provisions of this article 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…

Bonds issued by a municipality or joint agency under the provisions of this article are hereby made securities in which all public officers and agencies of the state and all political subdivisions, all insurance companies, banking associations, investment companies, executors, ad…

The bonds shall be special obligations of the municipality or joint agency 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 joint agency, nor shall they constitute a legal or equitable pl…

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