reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-9 - Number, appointment, removal and terms of board of directors

The board shall consist of three members who shall be appointed by the governor of the state, one (1) each from the three (3) supreme court districts of the state. The first appointment of members of the board shall be made by the governor by April 10, 1936. The term of office of the members of the board first appointed shall be one (1), two (2) and three (3) years, respectively, dating from the first day of the month in which the last of such appointments is made, and thereafter the term of office of the directors shall be three years. Directors shall hold office until their successors are appointed and qualify, and directors shall be eligible for reappointment. An appointment to fill a vacancy shall be for the unexpired term. The governor may remove any member of the board within the term for which such member shall have been appointed, giving to such member a copy of the charges against him and an opportunity to be heard in his defense.
Codes, 1942, § 5504; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-11 - Organization of board; officers

Promptly after appointment the board shall meet to organize. At such meeting and at the first meeting in each year thereafter, the members shall choose from their number a president and a secretary.
Codes, 1942, § 5505; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-13 - Compensation of members of board

The members of the board shall not be entitled to compensation for their services but they shall be entitled to reimbursement for all expenses incurred in connection with the performance of their duties, and to an honorarium of not more than six hundred dollars ($ 600.00) per year as the governor may decide, payable monthly.
Codes, 1942, § 5506; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-15 - Members of board shall not hold full time state office

The members of the board shall not hold any full time salaried public office under the state.
Codes, 1942, § 5507; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-17 - Powers of board

The board shall have power to do all things necessary or convenient in conducting the business of the authority, including, but not limited to:
(1)
The power to adopt and amend by-laws for the management and regulation of its affairs and the business in which it is engaged;
(2)
To use, with the consent of a municipality, the agents, employees or facilities of such municipality and to provide for payment of the agreed proportion of the costs therefor;
(3)
To appoint officers, agents and employees and to fix their compensation;
(4)
To inquire into any matter relating to the affairs of the authority, to compel by subpoena the attendance of witnesses and the production of books and papers material to any such inquiry, to administer oaths to witnesses and to examine witnesses and such books and papers;
(5)
To appoint an advisory board to assist in the formation of proper policies in respect to the business of the authority;
(6)
To execute instruments;
(7)
To delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper.
Codes, 1942, § 5508; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-19 - Corporate purpose of the authority

The corporate purpose of the authority is to encourage and promote the fullest possible use of energy by all of the inhabitants of the state by rendering service to said inhabitants, to whom energy is not available or, in the opinion of the board, is not available at reasonable rates.
Codes, 1942, § 5509; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-21 - General grant of powers to authority

The authority is hereby vested with all powers necessary or requisite for the accomplishment of its corporate purpose and capable of being delegated by the legislature of this state. No enumeration of particular powers granted shall be construed to impair any general grant of power herein contained, or to limit any such grant to a power or powers of the same class or classes as those so enumerated.
Codes, 1942, § 5510; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-25 - Operations outside of state authorized

To the extent necessary in the judgment of the board to make effective the powers conferred by this article, the authority shall have the power to acquire, own, operate, maintain and/or improve a generating and/or transmission system or systems outside the State of Mississippi.
Codes, 1942, § 5512; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-27 - Issuance of bonds by authority

The authority shall have power and is hereby authorized from time to time to issue its bonds in anticipation of its revenues, for any corporate purpose. Said bonds may be authorized by resolution or resolutions of the board, and may be issued in one or more series, may bear such date or dates, mature at such time to times not exceeding twenty-five (25) years from their respective dates, bear interest at such rate or rates, not exceeding that allowed in Section
75-17-103
, Mississippi Code of 1972, payable semiannually, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place or places, be subject to such terms of redemption, with or without premium, and be declared or become due before the maturity date thereof, as such resolution or resolutions may provide. Said bonds may be issued for money or property, at public or private sale for such price or prices, as the board shall determine. The interest cost to maturity of the money or property (at its value as determined by the board, the determination of which shall be conclusive) received for any issue of said bonds, shall not exceed the rate allowed in Section
75-17-103
, Mississippi Code of 1972. Said bonds may be repurchased by the authority out of any available funds at a price not to exceed the principal amount thereof and accrued interest, and all bonds so repurchased shall be canceled. Pending the preparation or execution of definitive bonds, interim receipts or certificates, or temporary bonds may be delivered to the purchaser or purchasers of said bonds. Any provision of law to the contrary notwithstanding, any bonds and the interest coupons appertaining thereto, if any, issued pursuant to this article shall possess all of the qualities of negotiable instruments.
Codes, 1942, § 5513; Laws, 1936, ch. 183; Laws, 1982, ch. 434, § 35; Laws, 1983, ch. 541, § 43, eff. 4/25/1983.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-29 - Validity of bonds

Said bonds bearing the signature of officers in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers. The validity of said bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the system or systems for which said bonds are issued. The resolution or resolutions authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this article, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Codes, 1942, § 5514; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-31 - Bonds of authority not debts of state

No holder or holders of any bonds issued under this article shall ever have the right to compel any exercise of the taxing power of the state or of any political subdivision thereof to pay said bonds or the interest thereon. Each bond issued under this article shall recite in substance that said bond, including the interest thereon, is payable from the revenues pledged to the payment thereof, and that said bond does not constitute a debt of the state.
Codes, 1942, § 5515; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-33 - Rates, fees and charges; application thereof

The authority shall not be operated for gain or profit or primarily as a source of revenue to the state. The authority shall, however, prescribe and collect reasonable rates, fees or charges for the services, facilities and commodities made available by it, and shall revise such rates, fees or charges from time to time whenever necessary so that the authority shall be and always remain self-supporting, and shall not require appropriations by the state to enable it to carry out its purpose. The rates, fees, or charges prescribed shall be such as will produce revenue at least sufficient (a) to pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise incumbered, including reserves therefor, and (b) to provide for all expenses of operation, maintenance or improvement of the system or systems acquired by the authority, including reserves therefor. Any surplus thereafter remaining shall be devoted solely to the reduction of rates.
Codes, 1942, § 5516; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-35 - Pledge of state to bondholders that it will not impair rate-making power of authority

The state does pledge to and agree with the holders of bonds issued by the authority that the state will not limit or alter the rights and powers vested in the authority to fix and collect such rates, fees and charges as may be necessary or advisable in order to produce sufficient revenue to meet all expenses of maintenance and operation of its system or systems and to fulfill the terms of any agreements made with the holders of such bonds, or in any way impair the rights and remedies of the holders of such bonds, until such bonds together with interest thereon, and interest on any unpaid installments of interest, and all costs and expenses in connection with any suits, actions or proceedings by or on behalf of such bondholders are fully paid and discharged.
Codes, 1942, § 5517; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-37 - Security for bonds

In connection with the issuance of bonds or in order to secure the payment of its bonds, the authority incorporated under this article shall have power:
(a)
To pledge all or any part of its revenues.
(b)
To vest in a trustee or trustees the right to enforce any covenant made to secure, to pay, or in relation to its bonds, to provide for the powers and duties of such trustee or trustees, to limit the liabilities thereof, and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any amount or proportion of them may enforce any such covenant.
(c)
To make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds or which, in the absolute discretion of the board, tend to make the bonds more marketable notwithstanding that such covenants, acts and things may restrict or interfere with the exercise of the powers granted in this article, it being the intention hereof to give the authority power to do all things in the issuance of bonds, and for their security, that a private business corporation can do under the general laws of the state.
Codes, 1942, § 5518; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-39 - Rights and remedies of bondholders

In addition to all other rights and all other remedies, any holders of bonds of the authority, including a trustee for bondholders, shall have the right by mandamus or other suit, action or proceeding, at law or in equity, to enforce their rights against the authority and the board of the authority, including the right to require the authority and such board to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of, the revenues produced by such rate or charges, and to require the authority and such board to carry out any other covenants and agreements with such bondholders and to perform its and their duties under this article.
Codes, 1942, § 5519; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-41 - Moneys of the authority

All moneys of the authority, from whatever source derived, shall be deposited in one or more banks or trust companies and, if the authority shall so require, each of such accounts shall be continuously secured by a pledge of direct obligations of the United States of America or of the State of Mississippi having an aggregate market value, exclusive of accrued interest, at all times at least equal to the balance on deposit in such account or accounts. Such securities shall either be deposited with the authority or held by a trustee or agent satisfactory to the authority. In lieu of any such pledge of such securities, said deposits may be secured by a surety bond or bonds which shall be in form, sufficiency and substance satisfactory to the authority.
Codes, 1942, § 5520; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-43 - Assets of authority shall pass to state upon cessation of authority's existence

In the event that the authority shall cease to exist, all of its assets remaining after all of its obligations and liabilities have been satisfied or discharged shall pass to and become the property of the state.
Codes, 1942, § 5521; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-45 - Authority and its property subject to taxation

The authority and its property shall be liable for taxes and shall be taxed and assessed in the same manner and to the same extent as a privately owned utility.
Codes, 1942, § 5522; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-47 - Right of way over certain state lands granted to associations and corporations operating under this article

All associations or corporations formed and operating under this article are hereby authorized and empowered to construct electric lines on and over all of those lands matured in the State of Mississippi through tax sale, and also on and over unimproved sixteenth sections, and lands granted in lieu of sixteenth sections.
The right and power to construct and maintain said lines shall be during the existence of said corporation or association, and without payment to the state for said easement.
Codes, 1942, § 5525; Laws, 1938, ch. 249.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 1 - MISSISSIPPI RURAL ELECTRIFICATION AUTHORITY (§§ 77-5-1 — 77-5-49) › Section 77-5-49 - Article complete in itself

This article is complete in itself and shall be controlling. The provisions of any other law, general, special, or local, except as provided in this article, shall not limit or restrict the powers granted by this article.
Codes, 1942, § 5523; Laws, 1936, ch. 183.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-101 - Short title

This article may be cited as "The Power District Law."
Codes, 1942, § 5439; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-103 - Definitions

Unless the context otherwise requires:
(a)
"Power district" or "district" means a power district organized under this article, either as originally organized or as the same may be from time to time altered or amended.
(b)
"Municipality" means any incorporated city, incorporated town or incorporated village.
(c)
"Governing body," whenever used in relation to any municipality or county, means the body or board, by whatsoever name known, having charge of the governing of such municipality or county and shall be held to include the mayor or other chief executive officer of such municipality or county in any case wherein the concurrence or approval of such officer is required by the law governing such municipality or county for the adoption of any municipal or county ordinance or resolution or other municipal or county act provided for in this article.
(d)
"Board of directors," "directors" or "board" means the board of directors of a power district selected as provided in this article, duly constituted, organized and acting as a board.
(e)
"Election unit" means an election district as provided for by Chapter 5 of Title 23, Mississippi Code of 1972.
(f)
"Bonds" shall mean and include negotiable bonds, interim certificates or receipts, notes, debentures and all other evidences of indebtedness either issued or the payment thereof assumed by the authority.
(g)
"Public utility" or "utility" means the plant, works, system, facilities or properties together with all parts thereof and appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose.
Codes, 1942, § 5440; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-105 - Boundaries of power districts

Power districts, the boundaries of which shall be coterminous with the boundaries of one or more election units, which need not be contiguous, but which shall not be more distant from one another than twenty miles, may be created as hereafter provided in this article, and when so created shall be considered bodies politic and corporate and shall possess and may exercise the powers granted in this article. However, no municipality shall be divided in the creation of a district.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-107 - Resolution seeking election authorizing creation of power district

The governing bodies of one-half or more of the municipalities, if any, proposed to be included in the district [or, (a) if the proposed district includes only territory not within the corporate limits of any municipality, then the governing body or bodies of the county or counties containing such territory, or (b) if the proposed district includes a municipality or municipalities and territory not within the corporate limits of any municipality, then the governing bodies of the municipality, or if more than one, the governing bodies of one-half or more of the total number of municipalities proposed to be included in the district and of the county or counties containing such territory] shall first pass resolutions, declaring the public convenience and necessity demand the creation and maintenance of the power district to be known as the "(giving the name) power district." Such resolution shall name the municipalities and describe the unincorporated territory, if any, which it is proposed to include in such district. Any such resolutions so passed shall be presented to the clerk of the board of supervisors of each county containing a part of the proposed district. Such resolutions shall request that an election be called without delay for determining whether such district shall be created.
Each such resolution shall divide the proposed district into five subdistricts, as provided in Section
77-5-123
, giving each a number. In the event that the boundaries of the district as originally proposed are changed at the election, the boundaries of the subdistricts shall be changed as hereinafter provided.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-109 - Petition seeking election authorizing creation of power district

In lieu of the resolutions, or any of them, provided for in the preceding section, a petition or petitions may be presented to the clerk of the board of supervisors of each county in which any part of the proposed district is situated, signed by at least ten percent (10%) of the qualified voters in any election unit or units to be included in the proposed district. Said petition shall declare that in the opinion of the petitioners, public convenience and necessity demand the creation and maintenance of a power district, and shall contain the information required by this article of the resolutions referred to in the preceding section. The petition may be on separate sheets of paper, but each sheet shall contain the affidavit of the person who circulated the same, certifying that each name signed thereto is the true signature of the person whose name it purports to be.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-111 - Calling of election

Upon receipt of the certified copies of the resolutions and/or petitions mentioned in the preceding sections, each such board of supervisors shall without delay call an election in each election unit of such county proposed to be included in the district, for the purpose of determining whether the proposed district shall be created, and shall give notice of such election. Such notice shall state the name of the proposed district and describe its boundaries, and shall state the time when such election shall be held and the location of the polling places. The same shall be published at least once a week for at least three (3) consecutive weeks before the date of said election in some newspaper or newspapers having a general circulation within the proposed district. In case the proposed power district includes election units located in two (2) or more counties, then the board of supervisors of the county in which the largest portion of the territory of the proposed power district is located shall fix the date of such election.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-113 - Conduct of election

The ballots for said election shall be in such form, shall contain such instructions and shall be of such size and color as are required by Chapter 5 of Title 23, Mississippi Code of 1972, except that there shall appear thereon the following: "Shall the '(giving the name thereof) power district' be created and established?
( ) Yes ( ) No"
Such election and all matters pertaining thereto not otherwise provided for herein shall be held and conducted and the results thereof ascertained, determined and declared in accordance with Chapter 5 of Title 23, Mississippi Code of 1972. No person shall be entitled to vote in such election unless he or she be a qualified elector of an election unit in which such election is held. Such election may be held on the same day as any other state, county, or city election and may be consolidated therewith.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-115 - Canvassing results of election; declaration of creation of district

Each county board of election commissioners, if more than one (1), shall canvass the returns as required by Section
23-5-169
, and shall ascertain and declare the result of such election in each election unit separately and shall further ascertain and determine the total number of qualified electors in each such election unit separately as of the date of such election. Each county board of election commissioners, if more than one (1), shall, within ten (10) days from the date of such election, file with the clerk of the board of supervisors of their county a statement of the result of said election in each such election district separately and of the number of qualified electors in each such election unit as of the date of the election. In the event the proposed power district includes territory located in two or more counties such statement shall also, within the same period of time, be filed with the clerk of the board of supervisors of the county in which the largest portion of the territory of the proposed power district is located. The board of supervisors of the county in which such proposed power district is located, or in the event such proposed power district includes territory located in two (2) or more counties, the board of supervisors of the county in which the largest portion of such territory is located, shall promptly canvass all such statements and shall order and declare the district created and composed of the election units in which a majority of those voting on the proposition voted in favor of the creation of the district. The election unit or units so approving the organization of said district shall contain not less than two-thirds (2/3) of the number of qualified voters within the district as first proposed.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-117 - Filing of order declaring creation of district

Such board of supervisors shall thereupon promptly cause a certified copy of the order declaring such power district created to be filed in the office of the secretary of state. A certified copy of such order shall also be filed with the clerk of each municipality included in the proposed district, and with the clerk of the board of supervisors of each county, any unincorporated part of which is included in the proposed district. From and after the filing of such copy of the order with the secretary of state, the creation and incorporation of such district shall be deemed complete.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-119 - Payment of costs incurred in creation of district

All costs properly incurred by the boards of supervisors and the boards of election commissioners of the respective counties in publishing notice of the election, in employing persons to conduct the same, or in performing other duties imposed by the provisions of this article, shall be paid as other similar expenses of such boards are paid and shall be and become a charge in favor of such boards against the district, to be repaid upon the presentation of proper vouchers therefor to such district, when and as such district has funds available for that purpose.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-121 - Proceedings contesting creation of district

No informality in any proceedings or in the conduct of said election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the creation of any district. Any proceedings wherein the validity of such creation is denied shall be commenced within thirty (30) days from the date of filing the order creating the district with the secretary of state, otherwise such creation and the legal existence of said district shall be held to be valid and in every respect legal and incontestable.
Codes, 1942, § 5441; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-123 - Subdistricts

The boundaries of the subdistricts shall be drawn in such a manner that each shall contain approximately an equal number of voters, except that no municipality shall contain more than two (2) subdistricts, nor shall any municipality be divided unless it shall comprise more than one (1) subdistrict. Should the district as finally constituted comprise a smaller area than originally proposed because of the failure of one or more election units or municipalities to approve the district at the election, then at the first meeting of the board of directors the boundaries of the subdistricts shall be redetermined so as to conform to the terms hereof.
Codes, 1942, § 5442; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-125 - Alteration of districts

Whenever a district shall, by resolution of its board, determine that it is in the public interest and in the interest of efficient and economical operation of a utility to alter the territorial limits of a district, it shall so order and certified copies of such order shall be filed with the secretary of state, the clerk of each municipality in the district and the clerk of the board of supervisors of each county in which any portion of the district is located. Thereupon the territorial limits of a district shall be considered altered in accordance with such order. However, any territory added to a district must be coterminous with an election unit or units. No additional territory may be added to a district except upon the petition of not less than one-third (1/3) of the qualified voters residing therein, certified as provided in Section
77-5-109
. The order of the board hereinabove referred to shall contain a statement of the number and percentage of such petitioners, if any. In the event the boundaries of any election unit or units are changed subsequent to the creation of a district, then the whole of any election unit, any part of which was theretofore within the district, shall automatically become a part of said district.
Codes, 1942, § 5444; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-127 - Consolidation of districts

Two (2) or more districts may be consolidated by a determination of the board of each district, fixing the terms and conditions of such consolidation. Certified copies of such determination shall be filed with the secretary of state, the clerk of each municipality in the district and the clerk of the board of supervisors of each county in which any portion of the district is located. Thereupon the consolidation shall be effective to create a single district.
Preexisting rights and liabilities shall not be affected by such consolidation.
Codes, 1942, § 5445; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-129 - Dissolution of districts

(1)
A district shall be considered dissolved:
(a)
Where, within two (2) years after its creation, it has not become the owner or operator, or commenced construction, of a public utility. Any time consumed in any proceeding or contest before any judicial or other tribunal shall not be included as part of said two-year period.
(b)
Where a district has disposed of all of its utility property and for one (1) year thereafter shall not have owned or operated a public utility.
(c)
Where the board has by resolution determined that the continued existence of the district is not in the public interest, and shall have made an order to such effect and filed a certified copy of such order with the secretary of state. However, no district shall be dissolved under this subsection until after an election held in the manner set forth in this article to be called and held by the respective county boards of election commissioners upon the request of the board, except that in lieu of the question prescribed by section
77-5-113
for inclusion on the ballot there shall appear thereon the following: "Shall the '(giving the name thereof) power district' be dissolved?
( )Yes ( ) No"
A majority of those voting in the entire district shall govern.
(2)
Any district dissolved in accordance with the provisions of this section shall cease to continue as a body corporate for the purpose of doing business but shall continue as such for such period as may be necessary to settle the business of the district, wind up its affairs, dispose of its assets and settle its obligations, and for no other purpose. Under such circumstances the board shall have the powers of receivers in equity to determine what is in the best interest of creditors and users of the service of the district. In the event of dissolution the assets of the district and the proceeds thereof shall be used first to pay the expenses of settling the affairs of the district, then for the payment of creditors in the order of their priority, and any surplus remaining shall become the property of the State of Mississippi.
Codes, 1942, § 5446; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-133 - Term and oath of directors

Directors selected from odd numbered subdistricts shall for the first term serve for a period which shall end two (2) years after the first Monday of May of the next even numbered year. Directors selected from even numbered subdistricts shall for the first term serve for a period which shall end four (4) years after the first Monday of May of the next even numbered year.
The regular term of directors of the district after the first term shall be for four (4) years. Each director shall hold office until his successor is selected and qualifies.
Each director shall, before entering upon the discharge of his duties, take and subscribe to the oath of office prescribed by Section 268 of the Constitution of 1890. Such oath shall be filed in the office of the clerk of the district.
Codes, 1942, § 5443; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-135 - Vacancies in director's office

The death of a director, his resignation, his removal for cause by the appointing power, his disability to continue for any cause to act as director, or his change of residence from the district, shall vacate the office. Within twenty (20) days after a determination of the vacancy by the appointing power, a successor for the unexpired term shall be selected by such appointing power.
Codes, 1942, § 5449; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-137 - Compensation and expenses of directors

Each director of the district shall receive compensation from the district for his services as such at the rate of not more than ten dollars ($10.00) for each day he shall attend meetings of the board or when he is engaged upon the business of the board, not to exceed the sum of two hundred fifty dollars ($250.00) in any one year. He shall also be entitled to be reimbursed for actual and necessary expenses incurred by him in the performance of his duties required of him by law or by resolution or vote of the board.
Codes, 1942, § 5450; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-139 - Board of directors to function as legislative body of district

The board of directors shall constitute the legislative body of such district and determine all questions of policy.
Codes, 1942, § 5451; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-141 - Powers of the district board

The board of directors of any district shall have power and authority:
(a)
To exercise by vote, ordinance or resolution all of the general powers of the district.
(b)
To make all needful rules, regulations and by-laws for the management and the conduct of the affairs of the district and of the board.
(c)
To adopt a seal for the district, prescribe the style thereof, and alter the same at pleasure.
(d)
To lease, purchase, sell, convey and mortgage the property of the district and to execute all instruments, contracts, mortgages, deeds or bonds on behalf of the district in such manner as the board shall direct.
(e)
To appoint and fix the salaries and duties of such experts and attorneys as it deems necessary, to hold office during the pleasure of the board and upon such terms and conditions as the board may require.
(f)
To make any and all contracts necessary or convenient for the full exercise of the powers in this article granted, including, but not limited to, contracts with any municipality, the United States of America, the President of the United States of America, Tennessee Valley Authority, the Federal Emergency Administrator of Public Works and any and all other authorities, agencies, and instrumentalities of the United States of America, for the purchase or sale of electric energy, and for the acquisition of all or any part of any utility or utilities. In connection with any such contract, the board may stipulate and agree to such covenants, terms and conditions as the board may deem appropriate including, but without limitation, covenants, terms and conditions with respect to the resale rates, financial and accounting methods, services, operation and maintenance practices, and the manner of disposing of the revenues of the utility operated and maintained by the district.
(g)
To do all things necessary or convenient to carry out its functions.
Codes, 1942, § 5452; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-143 - Appointment of officers

The board shall appoint a general manager, a secretary and a treasurer, and the board may appoint and fix the duties of such other officers as it deems necessary. Such appointees shall hold office during the pleasure of the board, and such appointees shall give such bonds and in such amounts as the board may require. The general manager shall not be, and the clerk and treasurer need not be, members of the board. The secretary and treasurer may be the same person.
Codes, 1942, § 5451; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-145 - Qualifications, powers and duties of general manager

(1)
The general manager shall be the chief executive officer of the district. He shall be chosen by the board of directors solely on the basis of his executive and administrative qualifications and need not, when appointed, be a resident of the state. All other things being equal, the board of directors shall appoint as general manager a person with experience in the construction, operation or management of public utilities. In case of the absence or disability of the manager, the board may designate some qualified person to perform the duties of the office during such absence or disability.
(2)
The general manager shall have full charge and control of the construction of the works of said district and of their maintenance and operation, and of the administration of the business affairs of said district. The powers and duties of the general manager shall be:
(a)
To see that all resolutions, rules and regulations of the district are enforced;
(b)
To appoint or hire, except as otherwise provided in this article, all heads of departments, subordinate officials and employees necessary for the administration of the affairs of said district, and to remove the same;
(c)
To attend to all meetings of the board of directors (but not to vote) and submit a general report of the affairs of the district, and to participate in the discussion of all matters coming before the board;
(d)
To keep the directors advised as to the financial condition and future needs of the district, and to prepare and submit an annual budget;
(e)
To prepare or cause to be prepared, all plans and specifications for the construction of the works of said district;
(f)
To perform such other and additional duties as the board of directors may require.
(3)
The general manager shall within sixty (60) days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. Said publication shall be made at least three (3) times in newspapers of general circulation printed and published in the district, or, if there be no such newspaper in the district, then in some newspaper of general circulation within the district. So far as practical said publications shall be in different newspapers.
Codes, 1942, § 5453; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-147 - Duties of secretary

The principal duties of the secretary of the district shall be to act as secretary of the board and to record and sign all minutes of meetings of the board, including all resolutions and ordinances adopted by the board; to safely and systematically keep all records, files and papers of the board; to safely keep the corporate seal of the district and to affix the same on behalf of the board, and to all certificates by him made as secretary of the district; to sign, execute or acknowledge with the chairman of the board all contracts, deeds, leases or other instruments authorized by the board to be executed by or on behalf of the district, and, if authorized, to deliver the same; and to perform such other duties as may be imposed upon him by law or by vote, resolution or ordinance adopted by the board.
Codes, 1942, § 5453; Laws, 1936, ch. 187.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 5 - ELECTRIC POWER (§§ 77-5-1 — 77-5-911) › Article 3 - POWER DISTRICTS (§§ 77-5-101 — 77-5-173) › Section 77-5-149 - Duties of treasurer

The principal duties of the treasurer of the district shall be to demand, receive, keep and account for all moneys and credits of the district; to pay to the persons entitled thereto the amounts called for in the orders or warrants drawn upon him by the secretary of the district and to take and keep receipts, vouchers or other suitable evidences of payment therefor; to keep accurate account of all moneys received and disbursed by him and to render such accounts, statements and inventories of moneys and credits received and disbursed and on hand and generally of all matters pertaining to his office as the board of directors may require; and to perform such other duties as may be imposed upon him by law or by vote, resolution or ordinance adopted by the board.
Codes, 1942, § 5453; Laws, 1936, ch. 187.