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 77-5-429 - Supervision and control of the electric plant; supervisory body and electric plant superintendent

The general supervision and control of the acquisition, improvement, operation and maintenance of the electric plant shall be in charge of the following agency (hereinafter referred to as the "supervisory body"): the board of public utilities, or if there be no board, then the governing body of the municipality. The supervisory body shall appoint an electric plant superintendent (hereinafter called "superintendent"), who shall be qualified by training and experience for the general superintendence of the acquisition, improvement and operation of the electric plant. The superintendent need not be a resident of the state at the time of his appointment. His salary shall be fixed by the supervisory body. The superintendent shall be removable by the supervisory body, but only upon the preferment of formal charges by such body and a public hearing upon written notice of not less than forty-eight (48) hours.
Within the limits of the funds available therefor, all powers to acquire, improve, operate and maintain, and to furnish electric service, and all powers necessary or convenient thereto, conferred by this article shall be exercised on behalf of the municipality by the supervisory body and the superintendent respectively. Subject to the provisions of applicable bonds or contracts, the supervisory body shall determine programs and make all plans for the acquisition of the electric plant, shall make all determinations as to improvements, rates and financial practices, may establish such rules and regulations as it may deem necessary or appropriate to govern the furnishing of electric service, and may disburse all moneys available in the electric plant fund for the acquisition, improvement, operation and maintenance of the electric plant and the furnishing of electric service. A copy of the schedule of the current rates and charges in effect from time to time and a copy of all rules and regulations of the supervisory body relating to electric service shall be kept on public file at the main and all branch offices of the electric plant and also in the office of the municipal clerk or recorder.
The superintendent shall have charge of all actual construction, the immediate management and operation of the electric plant and the enforcement and execution of all rules, regulations, programs, plans and decisions made or adopted by the supervisory body. The superintendent shall appoint all employees and fix their duties and compensation, excepting that the appointment of all technical consultants and advisors and legal assistants shall be subject to the approval of the supervisory body. Subject to the provisions of subsection (f) of Section
77-5-405
, the superintendent, with the approval of the supervisory body, may acquire and dispose of all property, real and personal, necessary to effectuate the purposes of this article. The title of such property shall be taken in the name of the municipality. The superintendent shall let all contracts, subject to the approval of the supervisory body, but may, without such approval, obligate the electric plant on purchase orders up to an amount to be fixed by the supervisory body, but not to exceed two thousand dollars ($2,000.00). Any work or construction exceeding in cost two thousand dollars ($2,000.00) shall, before any contract is let or work done, be advertised by the superintendent for bids; the supervisory body shall have power to reject any and all bids. The superintendent shall make and keep full and proper books and records, subject to the supervision and direction of the supervisory body, and the provisions of applicable contracts.
Codes, 1942, § 5539; Laws, 1936, ch. 185.