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 5 - ELECTRIC POWER ASSOCIATIONS (§§ 77-5-201 — 77-5-259) › Section 77-5-257 - TVA jurisdiction

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 thereby subject to extensive regulation by the Tennessee Valley Authority. In order to avoid the inefficiencies and confusion caused by duplicative, overlapping and conflicting jurisdiction and regulations, it is hereby declared that the Mississippi Public Service Commission and political subdivisions of the state shall not have jurisdiction over and shall not regulate those portions or aspects of a corporation's operations, facilities, services, or rates that are regulated by the Tennessee Valley Authority. In the event of a dispute between the Mississippi Public Service Commission (commission) and the Tennessee Valley Authority (TVA) over the existence or scope of TVA's regulatory authority, the commission shall defer to TVA's asserted authority unless and until the commission has obtained a favorable, final, and nonappealable declaratory judgment against TVA in a court of competent jurisdiction. In any such suit, the commission shall not force a corporation(s) to incur legal fees and expenses by naming them as a party, though a corporation shall maintain the right to seek voluntary intervention under the rules of the court in which the action is pending.
Added by Laws, 2016, ch. 387, HB 1139, 22, eff. 7/1/2016.
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 5 - ELECTRIC POWER ASSOCIATIONS (§§ 77-5-201 — 77-5-259) › Section 77-5-259 - Limitation for billing errors

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 regulatory proceeding.
Added by Laws, 2016, ch. 387, HB 1139, 23, eff. 7/1/2016.
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 7 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1934 (§§ 77-5-301 — 77-5-315) › Section 77-5-301 - Counties may engage in power development

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 substations, and/or all electrical appurtenances and/or electric appliances and/or electric equipment necessary or useful in the operation or distribution of electric power and/or electric energy. The boards of supervisors shall have full authority to purchase, rent, lease, and/or acquire any and/or all kinds of property, real and/or personal, in order to carry out said powers and to enter into any and all contracts with the Tennessee Valley Authority and/or any similar agency of the federal government, which may be deemed necessary or expedient by such boards in exercising such powers. The boards of supervisors shall have full control over the erection, construction, maintenance, and operation of such properties, with full powers to pass rules for the control, operation, and maintenance of such properties, the rate to be charged, the manner of operation, and the employment of officials and employees of every kind.
Codes, 1942, § 5429; Laws, 1934, ch. 291.
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 7 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1934 (§§ 77-5-301 — 77-5-315) › Section 77-5-303 - Intergovernmental cooperation

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 preceding section of this article. For this purpose the boards of supervisors of the counties, and/or the governing authorities of the municipalities, are authorized and empowered to arrange by contract all the details for the erection, construction, maintenance, operation, and control of such property, the sharing of the costs, and/or the distribution of power, and the selection of a governing body to control and handle said property.
Codes, 1942, § 5430; Laws, 1934, ch. 291.
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 7 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1934 (§§ 77-5-301 — 77-5-315) › Section 77-5-305 - Ordinance of intention; notice; election

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 expended on said project for the erection, construction, improvement, and/or purchase of any of the property authorized to be acquired by this article. The board shall give notice of such intention by publication in a newspaper having a general circulation in or published in said county for at least once a week for three successive weeks. It shall only be necessary that said notice shall state that the board has declared its intention to avail itself of the powers granted by this article, and to name the maximum amount proposed to be invested in the projects proposed.
In the event that twenty percent (20%) of the qualified electors of the county do not file a written protest against any such project by or before the first regular meeting of the board of supervisors after completion of publication of notice, the board is authorized to exercise the powers and authority named in Section
77-5-301
without further notice.
In the event that twenty percent (20%) of the qualified voters shall file such written petition protesting against such proposed projects, the board must call a special election, before proceeding further, giving notice of the date of such election by publication in a newspaper published in the county or having a general circulation in said county, at least once each week for three successive weeks, the first publication of which must be at least thirty (30) days before the date of the election. The board of supervisors shall have the power to fix the date of such election, and such election shall be conducted as other special elections are conducted. If a majority of the qualified electors voting in such election shall vote in favor of such project, the board of supervisors shall have the power to put the same into effect. The board of supervisors may, in its discretion, call a special election without a petition of protest being filed, which shall be conducted in the same manner as heretofore outlined.
Codes, 1942, § 5431; Laws, 1934, ch. 291.
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 7 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1934 (§§ 77-5-301 — 77-5-315) › Section 77-5-307 - Activities must be self-sustaining

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, or improving any real or personal property to be used, operated, or controlled under the provisions of this article, and the credit of the county shall not be pledged for the obligations arising out of the exercise of the powers contained in this article. All revenue derived from the operation of any property authorized by this article shall be placed in a separate fund, out of which the expenses are authorized to be paid. The board of supervisors shall have the power to pledge, assign, or otherwise hypothecate the net earnings of said property for a period not exceeding twenty-five years for the purpose of securing the payment of the original cost of the purchase and/or construction and/or extension and/or improvement of such property and also to mortgage or otherwise give a lien on any such property in order to secure the payment of any indebtedness on such property. The board of supervisors shall have power to borrow money for the purpose of paying the expenses authorized by this section and to issue negotiable notes or other evidences of indebtedness each of which shall distinctly state on its face that it is payable solely out of the earnings of the electric power system of such county and that the full faith and credit of the county are not pledged for its payment. The board of supervisors shall have the power to mortgage or otherwise give a lien on the electric power system of the county in order to secure any money borrowed for the purposes authorized in this article. The board of supervisors is expressly authorized to enter into such contracts as may be necessary and proper to carry out the provisions of this section.
Codes, 1942, § 5432; Laws, 1934, ch. 291.
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 7 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1934 (§§ 77-5-301 — 77-5-315) › Section 77-5-309 - Exercise of power of eminent domain

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 provisions of this article. Any property so acquired shall be paid for only out of the earnings of the electric power system of such county, or from money borrowed as authorized under the provisions of Section
77-5-307
.
Codes, 1942, § 5433; Laws, 1934, ch. 291.
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 7 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1934 (§§ 77-5-301 — 77-5-315) › Section 77-5-311 - Debt limitations are inapplicable

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 county the money borrowed under the provisions of this article, and the credit obtained under the provisions of this article, shall not be included as an obligation or indebtedness of the county.
Codes, 1942, § 5434; Laws, 1934, ch. 291.
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 7 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1934 (§§ 77-5-301 — 77-5-315) › Section 77-5-313 - Provisions of this article shall be applicable to municipalities as well as counties

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 conjunctively with counties acting through their boards of supervisors.
Codes, 1942, § 5435; 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 7 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1934 (§§ 77-5-301 — 77-5-315) › Section 77-5-315 - Construction of article; article cumulative

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 article to repeal or alter any existing law providing for the purchase, construction, and/or operation of any electric light plant, transmission lines, distribution system, and/or other electric properties by municipalities and/or counties, but to provide an additional and/or cumulative and/or alternative method for the acquiring, purchasing, constructing, maintaining, operating, and/or controlling of such electric light plants, transmission lines, distribution systems, and/or other electric properties coming under the provisions of this article.
Codes, 1942, §§ 5436, 5437; Laws, 1934, ch. 291.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-401 - Short title

This article may be cited as "The Municipal Electric Plant Law of 1936."
Codes, 1942, § 5526; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-403 - Definitions

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 distribution systems, together with all other facilities, equipment and appurtenances necessary or appropriate to any such system, for the furnishing of electric power and energy for lighting, heating, power or any other purpose for which electric power and energy can be used.
(c)
The term "improvement" shall mean any improvement, extension, betterment or addition to any electric plant.
(d)
The term "electric service" shall mean the furnishing of electric power and energy for lighting, heating, power or any other purpose for which electric power and energy can be used.
(e)
The term "acquire" shall mean to purchase, to lease, to construct, to reconstruct, to replace, or to acquire by gift or exercise of the right of eminent domain.
(f)
The term "dispose" shall mean to sell, to lease, or otherwise transfer any interest in property.
(g)
The term "improve" shall mean to acquire any improvement.
(h)
The term "federal agency" shall include the United States of America, the President of the United States of America, or the Federal Emergency Administrator of Public Works, Reconstruction Finance Corporation, Tennessee Valley Authority, the Administrator of the Rural Electrification Administration, or any other similar agency, instrumentality or corporation of the United States of America, which has heretofore been or may hereafter be created by or pursuant to any act or acts or joint resolution of the Congress of the United States of America.
(i)
The term "law" shall mean any act or statute, general, special or local, of the State of Mississippi, including, but without limitation, the charter of any municipality.
(j)
The term "governing body" shall mean the board of supervisors, board, body or commission having general charge of the municipality.
Codes, 1942, § 5527; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-407 - Issuance of bonds; election resolution and election procedure

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 bonds to be issued;
(b)
the purpose or purposes for which such bonds are to be issued;
(c)
the rate or maximum rate of interest which such bonds are to bear;
(d)
a brief concise statement (which need not go into any detail other than the mere statement of fact) showing whether such bonds will be payable (1) exclusively from revenues, (2) exclusively from taxes, (3) primarily from revenues and, to the extent of any deficiency in such revenues, from taxes, or (4) from taxes and additionally secured by a pledge of revenues;
(e)
the date on which such election will be held; and
(f)
the place or places where votes may be cast.
Such election resolution shall be published in full at least once, not less than fifteen (15) days prior to the date fixed for such election, in a newspaper published and circulating in the municipality, or, if there be no such newspaper, then such election resolution shall be so published in a newspaper circulating in the municipality. Such election resolution shall also be posted not less than fifteen (15) days prior to the date fixed for such election in five (5) public places in the municipality.
At such election the ballot shall contain a brief statement of the maximum amount of bonds to be authorized and the purposes for which such bonds are to be issued, and shall contain the words "for the issuance of electric plant bonds" and "against the issuance of electric plant bonds," so arranged that the voter can intelligently vote his preference by making a cross (x) mark opposite the words indicating his preference. It shall not be necessary for the ballot to be of any particular size, color or quality, nor need sample ballots be printed, posted, or distributed.
At or before the regular meeting of the governing body of the municipality next succeeding the date of such election, such governing body shall canvass the returns and determine and declare the results of the election, and it shall be the duty of the governing body of such municipality to enter upon its minutes the results and the returns in such election. Except as otherwise provided in this article, such election shall be conducted by the election authorities prescribed by the general law of the State of Mississippi and according to the provisions of the general election laws of the State of Mississippi.
Codes, 1942, § 5529; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-409 - Effect of election

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 defeated shall not again be the subject of an election until three months shall have expired from the time the election relative to such bonds was held.
Codes, 1942, § 5530; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-411 - Validation of bonds

(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 Mississippi adopted proceedings for the issuance of bonds to pay all or part of the cost of making extensions and improvements to an electric system owned and operated by such city, and where such bonds were to be payable solely from the revenues to be derived by such city from the operation of such electric system, such proceedings are hereby ratified, validated and confirmed, and the bonds issued pursuant to such proceedings are hereby ratified, validated and confirmed, and the bonds constitute the legal and binding obligations of each such city, and this despite any lack of authority for the authorization of such bonds, and despite the failure of the governing body of such city to observe any pertinent statutory provisions in the authorization or issuance of such bonds. All of the covenants and agreements contained in such proceedings are hereby declared legal and binding and each such city shall be under the statutory duty of carrying out all such covenants and agreements in accordance with their terms. All such bonds shall constitute fully negotiable instruments.
Codes, 1942, §§ 5531, 5531.5; Laws, 1936, ch. 185; Laws, 1948, ch. 209, §§ 1, 2.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-413 - Bond provisions

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 such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be sold or hypothecated in such blocks, may be subject to such terms of redemption, with or without premium, and may be declared or become due before the maturity date thereof, as may be provided by resolution or resolutions of the governing body of the municipality. Such bonds may be issued for money or property at public or private sale, for such price or prices, at such rate or rates of interest, and may be hypothecated in such manner as the governing body may determine, but the interest cost to maturity of the property (at the value determined by the governing body, which determination shall be conclusive) or the money received for any issue of said bonds, shall not exceed the rate of six percent (6%) per annum, payable semi-annually. Such bonds shall have all the qualities and incidents of negotiability. Such bonds shall not be subject to taxation. Pending the preparation, execution or delivery of definite bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser or purchasers of such bonds.
In case any of the officers whose signatures or countersignatures appear on such bonds shall cease to be such officers before the delivery of the bonds, such signatures and countersignatures shall nevertheless be valid and sufficient for all purposes, the same as though such officers had remained in office until the bonds had been delivered. Such bonds, when issued, shall be known as "electric plant bonds."
Codes, 1942, § 5532; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-415 - Securing payment of bonds

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 of this article or the provisions of the election resolution:
(a)
To pledge the full faith and credit and unlimited taxing power of the municipality to the punctual payment of the principal of and interest on such bonds.
(b)
To pledge all or any part of the revenues derived from electric service.
(c)
To provide for the terms, form, registration, exchange, execution and authentication of such bonds.
(d)
To provide for the replacement of lost, destroyed, or mutilated bonds.
(e)
To covenant as to the use and disposition of the proceeds for the sale of such bonds.
(f)
To covenant as to the rates and charges of the electric plant.
(g)
To redeem such bonds, and to covenant for their redemption and to provide the terms and conditions thereof.
(h)
To covenant and prescribe as to what happenings or occurrences shall constitute "events of default" and the terms and conditions upon which any or all of such bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived.
(i)
To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition, or obligation.
(j)
To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of bonds issued under the provisions of this article, and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay or in relation to the bonds; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof and describing what occurrences shall constitute "events of default" and prescribing the terms and conditions upon which such trustee or trustees or the holder or holders of bonds of any specified amount or percentage may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.
(k)
To make covenants other than, and in addition to, the covenants herein authorized, of like or different character, necessary or advisable to effectuate the purpose of this article.
(l)
To execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties.
Codes, 1942, § 5533; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-417 - Rights and remedies of bondholders

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 the municipality, the governing body thereof, the board of public utilities hereafter provided for in this article, and any other proper officer, agent or employee of any of them, including, but without limitation, the right to require the municipality, the governing body, the said board, and any proper officer, agent or employee of any of them, to assess, levy and collect taxes, and to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of taxes or electric plant revenues, and to require the municipality, the governing body thereof, the said board and any officer, agent or employee of any of them to carry out any other covenants and agreements and to perform its and their duties under this article.
(b)
By action or suit in equity to enjoin any act or things which may be unlawful or a violation of the rights of such holder of bonds.
Codes, 1942, § 5534; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-419 - Additional rights and remedies of bondholders may be conferred by resolution

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 resolution or as may be defined in any agreement with the holder or holders of such bonds or the trustee or trustees therefor:
(a)
By suit, action or proceedings in any court of competent jurisdiction to obtain the appointment of a receiver of the electric plant or any part or parts thereof. If such receiver be appointed he may enter and take possession of such electric plant or any part or parts thereof and operate and maintain the same, and collect and receive all revenues thereafter arising therefrom in the same manner as the municipality itself might do and shall deposit such moneys in a separate account or accounts and apply the same in accordance with the obligations of the municipality as the court shall direct.
(b)
By suit, action or proceeding in any court of competent jurisdiction to require the governing body of the municipality and/or the board to account as if it were the trustee of an express trust.
Any such resolution shall constitute a contract between the municipality and the holders of bonds of such issue.
Codes, 1942, § 5535; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-421 - Debt limitations are inapplicable

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.
Codes, 1942, § 5536; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-423 - Payment of preliminary expenses

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 expenses of whatever nature, which such governing body deems necessary in connection with or precedent to the acquisition or improvement of any electric plant and which it deems necessary to be paid prior to the issuance and delivery of the bonds issued pursuant to the provisions of this article, may be met and paid out of the general fund of said municipality not otherwise appropriated, or from any other available fund.
All such payments from the general or other funds shall be considered as temporary loans and shall be repaid immediately upon sale and delivery of the bonds, and claim for such repayment shall have priority over all other claims against the proceeds derived from the sale of such bonds.
Codes, 1942, § 5537; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-425 - Board of public utilities; appointment and terms of members

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 article or any other law may, appoint a board of public utilities (hereinafter called the "board").
The board shall be created in the following manner. At the time the governing body of a municipality issuing bonds under the provisions of this article determines that a majority of the qualified voters voting on the electric resolution have assented to the bond issue for the acquisition of an electric plant, the chief executive officer of the municipality shall, or if no such bonds are issued or if the municipality has a population of less than two thousand (2,000), then at any time he may, with the consent of the governing body of the municipality, appoint two (2) or four (4) men from among the property holders of such municipality who are residents of the municipality and have resided therein for not less than one (1) year next preceding the date of appointment to such board. No regular compensated officer or employee of a municipality shall be eligible for such appointment until at least one (1) year after the expiration of the term of his public office.
The original appointees, if two (2) be appointed, shall serve for two (2) and four (4) years respectively, or if four (4) be appointed, shall serve for one (1), two (2), three (3) and four (4) years respectively, from the first day of July next succeeding the date of appointment, as the said chief executive officer shall designate. Successors to retiring members so appointed shall be appointed for a term of four (4) years in the same manner, prior to the expiration of the term of office of the retiring members.
In addition to the members so appointed, such chief executive officer shall also, with the consent of the governing body of the municipality, designate a member of such governing body to serve as a third or fifth member of the board, as the case may be. The term of such member shall be for such time as the appointing officer may fix, but in no event shall it extend beyond such appointee's term of office in such governing body. Appointments to complete unexpired terms of office shall be made in the same manner as original appointments.
For the purposes of this section, the president of the board of supervisors of a county shall be considered the chief executive officer of the county.
Codes, 1942, § 5538; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-427 - Board of public utilities; bond, oath, compensation and removal of members; meetings; election of officers

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 constitute a quorum. The board shall act by vote of a majority present at any meeting attended by a quorum and vacancies in the board shall not affect its power and authority so long as a quorum remains. Within ten (10) days after appointment and qualifications of members, the board shall hold a meeting to elect a chairman. The board shall at the same time designate a secretary and treasurer, or secretary-treasurer, who need not be members or a member of the board, and shall require such secretary and treasurer, or secretary-treasurer, to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to Twenty-five Thousand Dollars ($25,000.00), and shall fix their or his compensation. The board shall hold public meetings at least once each month, at such regular time and place as the board may determine. Changes in such time and place of meeting shall be made known to the public as far in advance as practicable. Save as otherwise expressly provided, the board shall establish its own rules of procedure. All members of the board shall serve as such without compensation, but they shall be allowed necessary traveling and other expenses while engaged in the business of the board, including allowance of not to exceed Five Dollars ($5.00) per month for attendance at meetings. Such expenses as well as the salaries of the secretary and treasurer, or secretary-treasurer, shall constitute a cost of operation and maintenance of the electric plant.
Any member of the board may be removed from office for cause upon a vote of three-fourths (3/4) of the members of the governing body of the municipality, but only after preferment of formal charges by resolution of a majority of the members of such governing body at a public hearing before such governing body.
Codes, 1942, § 5538; Laws, 1936, ch. 185; Laws, 1986, ch. 458, § 47, eff. 10/1/1986.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-431 - Electric plant fund

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 from electric service or any other operation of the supervisory body as such, in a separate bank account or accounts, separate from all other municipal funds, and shall keep adequate records of all such receipts and their sources. The fiscal agent shall pay out such moneys only on voucher signed by the superintendent. No such voucher for the payment of any such moneys shall be issued except upon the resolution or order of the supervisory body, a certified copy whereof shall be filed in the office of the fiscal agent.
Codes, 1942, § 5540; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-433 - Disposition of moneys received from the issuance of bonds

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 two (2) years following the date of such bonds. The cost of the electric plant shall include all costs of acquisition, or improvement, including all preliminary expenses described in Section
77-5-423
, the cost of acquiring all property, franchises, easements, and rights in the judgment of the supervisory body necessary or convenient therefor, engineering and legal expenses, expenses for estimates of cost and revenues, expenses for plans, specifications and surveys, other expenses incident or necessary to determining the feasibility or practicability of the enterprise, administrative expense, and such other expense as may be incurred in the financing herein authorized, the acquisition or improvement of the electric plant, the placing of such plant in operation, including the creation of a cash working fund, and the performance of the things herein required or permitted in connection therewith.
Codes, 1942, § 5541; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-435 - Disposition of revenues

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 acquisition and improvement of the electric plant; contingencies; the payment of other obligations incurred in the operation and maintenance of the electric plant and the furnishing of electric service; the redemption and purchase of electric plant bonds in which case such bonds shall be canceled; the creation and maintenance of a cash working fund; the payment of an amount to the general funds of the municipality not to exceed a cumulative return of six percent (6%) per annum of the equity or investment, if any, of the municipality; and, if the governing body of the municipality shall by resolution so request, payments to the municipality in lieu of ad valorem taxes on the property of the electric plant within the corporate or county limits of the municipality not to exceed the amount of taxes payable on privately owned property of similar nature. Any surplus thereafter remaining after establishment of proper reserves, if any, shall be devoted solely to the reduction of rates. In computing the equity or investment of the municipality, the value of the electric plant shall be taken as its historical cost, less the accrued depreciation as of the date of the first exercise by the municipality of the powers conferred by this article. The payment of bonds or the acquisition or improvement of property from the receipts derived from electric service or any other operation of the supervisory body as such shall not be considered to increase the equity or investment of the municipality.
Codes, 1942, § 5542; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-437 - Payment for services rendered to municipalities and departments and works thereof

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 other revenues.
Codes, 1942, § 5543; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-439 - Records and reports of the board of public utilities

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 reports shall be in writing and shall be filed in open meeting of the governing body of the municipality. A copy shall be filed with the municipal clerk or recorder.
Codes, 1942, § 5544; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-441 - Exercise of power of eminent domain by municipality

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 maintenance of an electric plant or improvements thereto. Title to property so condemned shall be taken in the name of the municipality. Such condemnation proceedings shall be pursuant to and in accordance with Chapter 27, Title 11, of the Mississippi Code of 1972. Where condemnation proceedings become necessary the judge of the circuit court in which such proceedings are filed shall upon application of the municipality and upon the deposit in the court, for the use of the person or persons lawfully entitled thereto, of such amount as the judge may deem necessary to assure just compensation, order that the right of possession shall issue immediately or as soon and upon such terms as the judge in his discretion may deem proper and just. Upon application of the parties in interest, the judge may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceedings.
Codes, 1942, § 5546; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-443 - Use of certain rights of way; payment of indebtedness

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 municipality shall consent to such use.
No incorporated city, town or village shall be included within a county, nor shall any such incorporated city, town or village be required to pay any of the bonds or other indebtedness applicable to or incurred by a county, proceeding under the terms of this article, unless a majority of the qualified voters of said incorporated city, town or village voting in the election provided for in Section
77-5-407
shall vote in favor of the issuance of such bonds or other indebtedness.
Codes, 1942, § 5545; Laws, 1936, ch. 185.
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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-445 - Election for disposition of electric plant

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 follows. The governing body of the municipality shall adopt a resolution which shall state in substance (a) that the supervisory body has approved the proposed disposition; (b) a full description of the property to be disposed of; (c) the purchaser or purchasers thereof; (d) the purchase price; (e) the terms or conditions of sale if such disposition is not for cash payable in full at the time of such disposition; (f) the date on which such election will be held; and (g) the place or places where votes may be cast. At such election the ballots shall contain the words "for the disposition of the electric plant" and "against the disposition of the electric plant." In all other respects the election shall be called and held in the manner set forth in Section
77-5-407
.
Codes, 1942, § 5547; Laws, 1936, ch. 185.