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 9 - LOCAL GOVERNMENTAL POWER DEVELOPMENT UNDER LAWS OF 1936 (§§ 77-5-401 — 77-5-447) › Section 77-5-447 - Construction of article; article supplemental and additional to existing law

This article is for the public purpose of promoting the increased use of electricity in the urban and rural areas of this state, and to enable all counties, as well as cities and towns, to secure the benefit of the surplus power generated or to be generated by the Tennessee Valley Authority at Wilson Dam in the State of Alabama and Norris Dam in the State of Tennessee, or the power generated at any other works or dams. This article is remedial in nature and the powers granted in it shall be liberally construed to effectuate the purposes hereof, and to this end every municipality shall have power to do all things necessary or convenient to carry out the purposes hereof in addition to the powers expressly conferred in this article.
The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law. Bonds may be issued under the provisions of this article for the acquisition or improvement of an electric plant notwithstanding that any other law may provide for the issuance of bonds for like purposes and without regard to the requirements, restrictions or procedural provisions contained in any other law. Any proceedings heretofore taken by any municipality relating to the subject-matter of this article, whether or not commenced under any other law, may at the option of the governing body, be discontinued and new proceedings instituted under this article.
Codes, 1942, §§ 5548, 5549; 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 11 - UNFAIR PRACTICES OF ELECTRICITY DISTRIBUTORS (§§ 77-5-501 — 77-5-515) › Section 77-5-501 - Competition with proposed system barred for six months after filing of maps and statement of proposed operation

(1)
Whenever a corporation or association organized under the provisions of Article 5 of this chapter (hereafter referred to in this article as the "filing corporation") or whenever a group of persons which has formed a temporary organization with the intention of forming such a corporation or association under said laws, shall file with the Mississippi Rural Electrification Authority (hereafter referred to in this article as the "authority") a map or maps indicating the area or areas in which the operations of said filing corporation are intended to be conducted, together with a statement verified by oath or affirmation to the effect that a majority of the potential users of electric energy, not then receiving central station electric service in said area or areas, has signified in writing its willingness to take service from the proposed system of said filing corporation it shall be unlawful for an electric utility, power and light company, person or corporation, after receipt of any notice provided in this article of the filing of said map or maps and statement, to begin the construction of any electric distribution lines within said area or areas or to solicit customers for electric service therein or in any manner to conflict, interfere or compete with the proposed system of said filing corporation, until after the expiration of six (6) months from the date of said filing of said map or maps and statement.
(2)
The words "area" or "areas" as used herein in connection with the maps to be filed by said filing corporation shall be deemed to mean the area or areas which may be served in normal practice by secondary voltage extensions from the primary voltage lines indicated in said maps, which in any event shall not be less than fifteen hundred (1500) feet from either side of said primary lines.
Codes, 1942, §§ 5490, 5491; Laws, 1938, ch. 250; Laws, 1938, Ex. ch. 77.
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 11 - UNFAIR PRACTICES OF ELECTRICITY DISTRIBUTORS (§§ 77-5-501 — 77-5-515) › Section 77-5-503 - Competition with proposed system barred for twelve months after filing of notice of federal loan agreement

In the event that the filing corporation within the six months period provided for in Section
77-5-501
shall enter into any loan agreement with any federal agency for the financing of its proposed electric system, and shall file a written notice thereof with the authority, together with a copy of said loan agreement, no such electric utility, power and light company, person or corporation after receipt of notice of such loan agreement shall begin the construction of any electric distribution lines within said area or areas or solicit customers for electric service therein until after the expiration of twelve (12) months from the date of filing said notice of said loan agreement.
Codes, 1942, § 5492; Laws, 1938, Ex. ch. 77.
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 11 - UNFAIR PRACTICES OF ELECTRICITY DISTRIBUTORS (§§ 77-5-501 — 77-5-515) › Section 77-5-505 - Notice to be furnished private utilities

It shall be the duty of the authority to give notice in writing of the filing of the map or maps and statement and the loan agreement provided for in Sections
77-5-501
and
77-5-503
to each electric utility and power and light company having any electric transmission or distribution lines or system within or within ten (10) miles of any area shown in said maps where said filing corporation intends to operate its proposed system. There shall be attached to said notice blueprint copies of said maps, a copy of said statement, and a copy of the notice of said loan agreement in the event that such an agreement shall have been entered into. Sufficient copies for the purpose of such notices shall be furnished to the authority by and at the expense of the filing corporation. The filing corporation may give the notices required by said sections and such notices shall be effectual for the purposes of this article, notwithstanding any failure of the authority to give the notices herein provided for. Any notice shall be deemed to have been given within the requirements of this article when it has been deposited in the mails with postage prepaid and addressed to the principal office of any such electric utility, power and light company, person or corporation.
Codes, 1942, § 5493; Laws, 1938, Ex. ch. 77.
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 11 - UNFAIR PRACTICES OF ELECTRICITY DISTRIBUTORS (§§ 77-5-501 — 77-5-515) › Section 77-5-507 - Promulgation of rules and regulations by authority; enforcement powers of authority

The authority is hereby authorized to make and promulgate reasonable rules and regulations to carry out the provisions of this article and to take appropriate action for the enforcement thereof, including proceedings for injunctions against violations thereof, instigated in the name of the authority and upon its own motion. These powers and remedies shall be in addition to all other remedies provided in this article or that may exist under general provisions or rules of law.
Codes, 1942, § 5494; Laws, 1938, Ex. ch. 77.
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 11 - UNFAIR PRACTICES OF ELECTRICITY DISTRIBUTORS (§§ 77-5-501 — 77-5-515) › Section 77-5-509 - Injunctions; chancery court powers

Any filing corporation may institute proceedings to enjoin any violations of this article in the chancery court of any county where said filing corporation may have its principal place of business or where any such violations are alleged to take place or to be threatened, and such proceedings may be on the relation of the attorney-general or any district or county attorney of any district in which any portion of the proposed electric system of said filing corporation may be located. It shall be the duty of said officers to prosecute and to assist in the prosecution of said proceedings.
For the enforcement of this article, the said chancery court or the chancellor, in vacation, may exercise all the powers now or hereafter existing under the laws of this state in proceedings for injunctive relief, including temporary restraining orders. In any proceedings instituted by the authority on its own motion or by petition signed by the attorney-general or any district or county attorney, as herein provided, no bond shall be required as a condition of the issuance of any restraining order or injunction.
Codes, 1942, § 5495; Laws, 1938, Ex. ch. 77.
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 11 - UNFAIR PRACTICES OF ELECTRICITY DISTRIBUTORS (§§ 77-5-501 — 77-5-515) › Section 77-5-511 - Certified copy of statement of willingness to take service from proposed system as prima facie evidence

In any proceeding for the enforcement of this article, a certified copy of the statement mentioned in Section
77-5-501
shall be admitted in evidence and shall be presumed to be prima facie proof of the verity and accuracy of all statements therein required by the provisions of said section. The burden of proof shall be upon any defendant in any such proceeding to rebut said presumption by a clear preponderance of the evidence.
Codes, 1942, § 5496; Laws, 1938, Ex. ch. 77.
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 11 - UNFAIR PRACTICES OF ELECTRICITY DISTRIBUTORS (§§ 77-5-501 — 77-5-515) › Section 77-5-513 - Private utilities are not liable for service during six and twelve month periods

During the periods of six (6) and twelve (12) months, respectively, as provided in Sections
77-5-501
and
77-5-503
, no person, firm, association or corporation within the area or areas indicated upon said maps within which the filing corporation proposes to operate shall have the right to require any electric utility or electric light and power company to supply electric energy. No action shall be brought or maintained in any court for damages for failure to supply such electric energy within said periods of six (6) and twelve (12) months, respectively, or within a reasonable time thereafter. The provisions of this section shall not be deemed to apply to any valid and enforceable contracts in writing for electric service subsisting at the time of receipt by any party to such contracts of any notice of filing said maps and statements provided for in Section
77-5-501
.
Codes, 1942, § 5497; Laws, 1938, Ex. ch. 77.
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 11 - UNFAIR PRACTICES OF ELECTRICITY DISTRIBUTORS (§§ 77-5-501 — 77-5-515) › Section 77-5-515 - Inapplicability of article

This article shall not apply to the furnishing of electric energy to manufacturing, processing or industrial enterprises or to buildings necessary and appropriate to the operation of said enterprises, including residences, or to the solicitation of such electric service, or to the construction of through high voltage transmission lines not intended to serve individual rural customers in the area or areas shown on said maps provided for in Section
77-5-501
. However, nothing in this section shall be construed as restricting the right of the filing corporation to serve manufacturing, processing or industrial enterprises.
Codes, 1942, § 5498; Laws, 1938, Ex. ch. 77.
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 13 - CONTRACTS WITH THE UNITED STATES (§§ 77-5-601 — 77-5-603) › Section 77-5-601 - Contracts with United States for acquisition of electrical system and purchase or sale of electricity authorized

Any municipal corporation, county, city, town, or village, power district or improvement authority, hereinafter called "municipality," owning and/or operating or hereafter authorized to acquire and/or operate any electric generation, transmission and/or distribution system, is hereby authorized to contract with the United States of America, any agency thereof, or with any corporation owned by the United States for the acquisition of any such system or part thereof and/or the purchase or sale of electric energy. Such municipality is authorized in any such contract to stipulate and agree to such covenants, terms, and conditions as the governing body or board of the municipality may deem appropriate, including but without limitation, covenants, terms and conditions with respect to the resale rates, financial and accounting methods, service, operation and maintenance practices, and the manner of disposing of the revenues, of any such system, and to comply therewith. Any such contract heretofore entered into and any such covenants, terms or conditions heretofore stipulated or agreed to are hereby expressly validated.
Codes, 1942, § 5552; Laws, 1936, ch. 271.
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 13 - CONTRACTS WITH THE UNITED STATES (§§ 77-5-601 — 77-5-603) › Section 77-5-603 - Article cumulative and supplemental; construction of article

Nothing contained in this article shall be construed as a restriction or limitation upon any authority, power or right which any municipality may have in the absence hereof. This article shall be construed as cumulative and shall be in addition and supplemental to any power, authority or right conferred by any other law.
This article is remedial in nature and any power, authority or right hereby conferred shall be liberally construed, and to this end every municipality shall have the power, authority and right, in addition to those expressly conferred hereby, to do all things necessary or convenient in carrying out the purposes hereof.
Codes, 1942, § 5552; Laws, 1936, ch. 271.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-701 - Short title

This article may be cited as the "Joint Municipal Electric Power and Energy Law."
Laws, 1978, ch. 363, § 1, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-703 - Declaration of purpose

The legislature of the State of Mississippi hereby finds and determines that:
(a)
A critical situation exists with respect to the present and future supply of electric power and energy in the State of Mississippi;
(b)
The cost of energy either purchased at wholesale or generated by said electrical utilities has caused the cost of electricity to consumers to increase dramatically during the past few years;
(c)
Many municipalities in the state have for many years owned and operated systems for the generation and/or distribution of electric power and energy to customers in their respective areas and are empowered severally to engage in the generation and transmission of electric power and energy.
(d)
Such municipalities owning electric generation and/or distribution systems have an obligation to provide their inhabitants and customers the most adequate, reliable and economical source of electric power and energy in the future that may be available to them;
(e)
In order to achieve the economies and efficiencies made possible by the proper planning, acquisition, construction, financing, sizing and location of facilities for the generation and/or transmission of electric power and energy which may not be practical for any municipality acting alone, and to insure an adequate, reliable and economical supply of electric power and energy to the people of the state, it is desirable for the State of Mississippi to authorize municipal electric systems and/or joint agencies created pursuant to this article to jointly or severally plan, acquire, construct, finance, develop, own, operate and maintain electric generation and/or transmission facilities with each other, or any person, firm, association or corporation, public or private, engaged in the generation, transmission or distribution of electric power and energy within this state or any other state, all as may be appropriate to their needs in order to provide for their present and future power requirement for all uses without supplanting or displacing the service at retail of other electric suppliers operating in the state; and
(f)
The joint planning, financing, development, ownership and operation of electric generation and/or transmission facilities by municipalities which own electric generation and/or distribution systems or by joint agencies created pursuant to this article and the issuance of revenue bonds for such purposes as provided in this article is for public use and for public and municipal purposes and is a means of achieving economies, adequacy and reliability in the generation and/or transmission of electric power and energy and the meeting of future needs of the state and its inhabitants.
Laws, 1978, ch. 363, § 2, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-711 - Sale or exchange by municipality of excess capacity or output

Capacity or output or related services derived by a municipality from its ownership share of a project not then required by such municipality for its own use and for the use of its consumers may be sold or exchanged by such municipality, for such consideration and for such period and upon such other terms and conditions as may be determined by the parties, either within or without the state, to any state, federal or municipal or private agency or corporation, including joint agencies created pursuant to this article and to any person, firm, association or corporation, public or private, engaged in the generation, transmission or distribution of electric power and energy within this state or any other state. Provided, however, that sales of excess capacity or output of a project to electric power associations, public utilities and other persons, the interest on whose securities and other obligations is not exempt from taxation by the federal government, shall not be made in such amounts, for such periods of time, and under such terms and conditions as will cause the interest on bonds issued to finance the cost of a project to become taxable by the federal government.
Laws, 1978, ch. 363, § 6, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-713 - Application for licenses, permits, certificates or approvals

Municipalities proposing to jointly plan, finance, develop, own and operate a project are hereby authorized, either jointly or separately, to apply to the appropriate agencies of the state, the United States, or any state thereof, and to any other proper agency for such licenses, permits, certificates or approvals as may be necessary, and to construct, maintain and operate projects in accordance with such licenses, permits, certificates or approvals and to obtain, hold and use such licenses, permits, certificates and approvals in the same manner as any other operating unit of any other person; provided, however, nothing herein contained shall be construed to require a municipality to obtain any license, certificate, permit, or approval from the public service commission of Mississippi.
Laws, 1978, ch. 363, § 7, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-715 - Contracts for exchange, interchange, wheeling, pooling and transmission of electric power

Municipalities participating in a joint project or projects are hereby authorized to enter into contracts for the exchange, interchange, wheeling, pooling and transmission of electric power and energy produced by such project or projects with any municipality of this state or any other state owning electric distribution facilities, any electric power association, or any public or private utility, or any state, federal or municipal agency which owns electric generation, transmission or distribution facilities in this state or any other state.
Laws, 1978, ch. 363, § 8, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-719 - Additional membership in joint agencies; withdrawal from membership

After the creation of a joint agency, any other municipality may become a member thereof upon application to such joint agency after the adoption of a resolution by the utility commission of the municipality setting forth the determination and finding prescribed in Section
75-5-717
, and the adoption by the governing authorities of the municipality of a resolution or ordinance ratifying the determination of the utility commission and authorizing said municipality to participate, and with the unanimous consent of the members of the joint agency evidenced by the resolutions of their respective utility commissions. Any municipality may withdraw from a joint agency, provided, however, that all contractual rights acquired and obligations incurred while a municipality was a member shall remain in full force and effect.
Laws, 1978, ch. 363, § 9(2), eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-723 - Board of commissioners of joint agency; executive committee

The board of commissioners of a joint agency may create an executive committee of the board of commissioners. The board may provide for the composition of the executive committee so as to afford, in its judgment, fair representation of the member municipalities. The executive committee shall have and exercise such of the powers and authority of the board of commissioners during intervals between the board's meetings as may be prescribed by its rules, motions or resolutions. The terms of office of the members of the executive committee and the method of filling vacancies therein shall be fixed by the rules of the board of commissioners of the joint agency.
Laws, 1978, ch. 363, § 10, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-731 - Sale or exchange by joint agency of excess capacity or output

A joint agency may sell or exchange the excess capacity or output of a project not then required by any of its members for such consideration and for such period and upon such other terms and conditions as may be determined by the parties to any municipality in this state or any other state owning electric distribution facilities, to any political subdivisions, agencies or instrumentalities of any other state, to other joint agencies organized pursuant to this article, to any electric power association, to any public or private utility, or to any other state, federal or municipal agency which owns electric generation, transmission or distribution facilities either within or without this state. Provided, however, that sales of excess capacity or output of a project to electric power associations, public or private utilities, and other persons the interest on whose securities and other obligations are not exempt from taxation by the federal government shall not be made in such amounts, for such periods of time, and under such terms and conditions as will cause the interest on bonds issued to finance the cost of a project to become taxable by the federal government.
Laws, 1978, ch. 363, § 13; Laws, 1981, ch. 280, § 2, eff. 3/20/1981.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-733 - Joint or several ownership and maintenance by municipalities and joint agencies with other public agencies

The definitions and all other terms and provisions of this article shall be construed so as to include and authorize the joint or several ownership, operation, and/or maintenance by one or more municipalities or joint agencies of a project, or any undivided ownership interest therein, with any person, firm, association or corporation, public or private, engaged in the generation, transmission or distribution of electric power or energy either within or without this state.
Laws, 1978, ch. 363, § 14, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-735 - Exemption from laws relating to competitive bidding

A municipality's or joint agency's purchase of, contract for the acquisition of, or contract for any property, including any project or interest therein, or the construction of, or the operation and maintenance of, any project, owned or to be owned jointly by such municipality or joint agency with any person, firm or corporation engaged in the generation, transmission or distribution of electricity, either within or without this state, other than with a municipality of this state or a joint agency created pursuant to this article, may be made or entered into without meeting the requirements of any law relating to acquisitions, purchases or contracts by competitive bids where the interest to be acquired by such municipality or joint agency in such property or project is twenty-five percent (25%) or less.
If a municipality or joint agency which finds and records on its minutes that acquisition of any project, or any interest therein, or any portion thereof, or any property or any interest therein or any portion thereof, which is authorized by this article is available or can be acquired or contracted for from or with only a single source, person, firm or corporation, then such acquisition or contract may be made or entered into without meeting the requirements of any law relating to acquisitions, purchases or contracts by competitive bids. If, after advertising for competitive bids as to other proposed purchases, acquisitions or contracts, only one (1) bid is received, the municipality or joint agency, as the case may be, may reject the bid and negotiate privately any purchase, contract or acquisition for a consideration not exceeding that proposed in the bid.
Laws, 1978, ch. 363, § 15; Laws, 1979, ch. 391, eff. 3/19/1979.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-737 - Joint agency pledge bonds

A joint agency may issue its bonds pledging to the payment thereof as to both principal and interest the revenues or any portion thereof, derived or to be derived from all or any of its projects, and any additions and betterments thereto or extensions thereof, or contributions or advances from its members. Bonds of a joint agency shall be authorized by a resolution adopted by its governing board and spread upon its minutes.
Laws, 1978, ch. 363, § 16, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-743 - Fixing, charging and collecting rents, fees, rates and charges; municipalities

A municipality is hereby authorized to fix, charge and collect rents, rates, fees and charges for electric power and energy and other services, facilities and commodities sold, furnished or supplied through the facilities of its electric system or its interest in any joint project. For so long as any bonds of a municipality are outstanding and unpaid, the rents, fees and charges shall be so fixed as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its electric system, and its interest in any joint project, and all necessary repairs, replacements or renewals thereof, to pay when due the principal of, premium, if any, and interest on all bonds and other evidences of indebtedness payable from said revenues, to create and maintain reserves as may be required by any resolution authorizing and securing bonds, to pay when due the principal of, premium, if any, and interest on all bonds heretofore or hereafter issued to finance additions, improvements and betterments to its electric system, and to pay any and all amounts which the municipality may be obligated to pay from said revenues by law or contract. Nothing herein contained shall be construed to prohibit any municipality from expending any revenues in excess of that required herein in any manner otherwise permitted by law.
Laws, 1978, ch. 363, § 19(1), eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-745 - Fixing, charging and collecting rents, fees, rates and charges; joint agencies

A joint agency is hereby authorized to fix, charge and collect rents, rates, fees and charges for electric power and energy and other services, facilities and commodities sold, furnished or supplied through the facilities of its projects. For so long as any bonds of a joint agency are outstanding and unpaid, the rents, rates, fees and charges shall be so fixed as to provide revenues sufficient to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects, and all necessary repairs, replacements or renewals thereof, to pay when due the principal of, premium, if any, and interest on all bonds and other evidences of indebtedness payable from said revenues, to create and maintain reserves as may be required by any resolution authorizing and securing bonds, and to pay any and all amounts which the joint agency may be obligated to pay from said revenues by law or contract.
Laws, 1978, ch. 363, § 19(2), eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-747 - Pledges made by municipalities or joint agencies

Any pledge made by a municipality or joint agency pursuant to this article shall be valid and binding from the date the pledge is made. The revenues, securities and other moneys so pledged and then held or thereafter received by the municipality or joint agency or any fiduciary shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the municipality or joint agency without regard to whether such parties have notice thereof. The resolution trust indenture or other security instrument by which a pledge is created need not be filed or recorded in any manner.
Laws, 1978, ch. 363, § 19(3); Laws, 1981, ch. 383, § 2, eff. 3/20/1981.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-749 - Temporary investment and reinvestment of money

All moneys received pursuant to the authority of this article, whether as proceeds from the sale of bonds or as revenues may be temporarily invested and reinvested pending the disbursements thereof in such securities and other investments as may be permitted by law for investment of excess funds of municipalities.
Laws, 1978, ch. 363, § 20, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-751 - Proceedings to enforce rights of holders of bonds

Any holder of bonds issued under the provisions of this article or any of the coupons appertaining thereto, except to the extent the rights herein given may be restricted by the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder, or, to the extent permitted by law, under such resolution authorizing the issuance of such bonds or under any agreement or other contract executed by the municipality or joint agency pursuant to this article, and may enforce and compel the performance of all duties required by this article or by such resolution to be performed by any joint agency or municipality or by any officer thereof, including the fixing, charging and collecting of rents, rates, fees and charges.
Laws, 1978, ch. 363, § 21, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-753 - Bonds issued under this article as proper and legal investments

Bonds issued by a municipality or joint agency under the provisions of this article are hereby made securities in which all public officers and agencies of the state and all political subdivisions, all insurance companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any officer or agency of the state or any political subdivision for any purpose for which the deposit of bonds or obligations of the state or any political subdivision is now or may hereafter be authorized by law.
Laws, 1978, ch. 363, § 22, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-755 - Bonds issued as special obligations of municipality or joint agency issuing them

The bonds shall be special obligations of the municipality or joint agency issuing them. The principal of, premium, if any, and interest on the bonds shall not be payable from the general funds of the municipality or joint agency, nor shall they constitute a legal or equitable pledge, charge, lien or encumbrance upon any of its property or upon any of its income, receipts or revenues, except the funds which are pledged under the resolution authorizing the bonds. Neither the faith and credit nor the taxing power of a municipality or of the state are, or may be, pledged for the payment of the principal of or interest on the bonds, and no holder of the bonds shall have the right to compel the exercise of the taxing power by the state or a municipality or the forfeiture of any of its property in connection with any default thereon. Every bond shall recite in substance that the principal of and interest on the bond is payable solely from the revenues pledged to its payment and that the municipality or joint agency is not obligated to pay the principal or interest except from such revenues.
Laws, 1978, ch. 363, § 23, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-757 - Refunding bonds

A municipality or joint agency is hereby authorized to provide by resolution for the issuance of refunding bonds of the municipality or joint agency for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the municipality or joint agency in respect to the same shall be governed by the provisions of this article which relate to the issuance of bonds, insofar as such provisions may be appropriate therefor.
Laws, 1978, ch. 363, § 24, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-759 - Tax exempt status; bonds

Bonds, their transfer and the income therefrom (including any profit made on the sale thereof), shall at all times be free from taxation by the state or any political subdivision or any agency of either thereof, excepting inheritance, estate or gift taxes.
Laws, 1978, ch. 363, § 25, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-761 - Tax exempt status; interest in project owned by municipality or joint agency

Any interest in a project owned by a municipality or owned by a joint agency shall be exempt from all state, county and local ad valorem or other property taxes. The purchase, exchange or interchange of capacity, transmission, or electric power and energy for resale by any municipality or joint agency under this article shall not be subject to sales, use or other tax. The sale of any electric power or energy from any project to any municipality shall not be subject to sales, use or other tax.
Laws, 1978, ch. 363, § 26, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-763 - Rights, privileges and immunities of personnel

Personnel employed or appointed by a municipality to work on a joint project or for a joint agency shall have the same authority, rights, privileges and immunities which the officers, agents and employees of the appointing municipality enjoy within the territory of that municipality, whether within or without the territory of the appointing municipality, when they are acting within the scope of their authority or in the course of their employment.
Personnel employed or appointed directly by a joint agency or by a participating municipality or by a nonprofit operating agency of the participating municipalities or of the joint agency, shall be eligible for participation in the Mississippi Public Employees Retirement System with the same rights, privileges, obligations and responsibilities as they would have if they were employees of a municipality.
Laws, 1978, ch. 363, § 27, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-765 - Dissolution of joint agencies

Whenever the board of commissioners of a joint agency and the utility commissions of its member municipalities shall by resolution or ordinance determine that the purposes for which the joint agency was formed have been substantially fulfilled and that all bonds theretofore issued and all other obligations theretofore incurred by the joint agency have been fully paid or satisfied, such board of commissioners and utility commissions may declare the joint agency to be dissolved. On the effective date of such resolution or ordinance, the title to all funds and other property owned by the joint agency at the time of such dissolution shall vest in the member municipalities of the joint agency as provided in this article and the bylaws of the joint agency.
Laws, 1978, ch. 363, § 28, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-767 - Annual reports; joint agencies; municipalities

Each joint agency shall, following the closing of each fiscal year, submit an annual report of its activities for the preceding year to the governing authorities and to the utility commissions of its member municipalities. Each such report shall set forth a complete operating and financial statement covering the operations of the joint agency during such year. The joint agency shall cause an audit of its books of record and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction of a project or projects, or otherwise as part of the expense of administration of a project covered by such audit.
The municipalities possessing ownership interests in a project shall, following the closing of each fiscal year, submit a consolidated or combined annual report of their activities with respect to such project for the preceding year to the respective governing authorities of such municipalities, each such report shall set forth a complete operating and financial statement covering the operations of the jointly owned project during such year. The municipalities possessing ownership interests in a project shall cause an audit or the books of record and accounts relating to such project to be made at least once in each year by certified public accountants and the cost thereof may be treated as a cost of construction of the project, or otherwise as part of the expenses of the administration of the project covered by such audit.
Laws, 1978, ch. 363, § 29, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-769 - Application of laws of other states and the United States

Legislative consent is hereby given (a) to the application of the laws of other states with respect to taxation, payments in lieu of taxes, and the assessment thereof, to any municipality or joint agency created pursuant to this article which has acquired or has an interest in a project, real or personal, situated without the state, or which owns or operates a project without the state pursuant to this article, and (b) to the application of regulatory and other laws of other states and of the United States to any municipality or joint agency which owns or operates a project without the state.
Laws, 1978, ch. 363, § 30, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-771 - Grants-in-aid and loans from federal and state governments

The governing authorities of any municipality or joint agency are hereby authorized to make application and to enter into contracts for and to accept grants-in-aid and loans from the federal and state governments and their agencies for planning, acquiring, constructing, expanding, maintaining and operating any project or facility, or participating in any research or development program, or performing any function which such municipality or joint agency may be authorized by general or local law to provide or perform.
In order to exercise the authority granted by this section, the governing authorities of any municipality or joint agency may:
(a)
Enter into and carry out contracts with the state or federal government or any agency or institution thereof under which such government, agency or institution grants financial or other assistance to the municipality or joint agency;
(b)
Accept such assistance or funds as may be granted or loaned by the state or federal government with or without such a contract;
(c)
Agree to and comply with any reasonable conditions which are imposed upon such grants or loans;
(d)
Make expenditures from any funds so granted.
Laws, 1978, ch. 363, § 31, eff. 3/14/1978.
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 15 - JOINT MUNICIPAL ELECTRIC POWER (§§ 77-5-701 — 77-5-783) › Section 77-5-773 - Eminent domain; crossing lines and rights-of-way of utilities

Municipalities participating in a joint project and joint agencies shall possess the power of eminent domain for a project authorized by this article to the extent and in the same manner and under the same laws now available to municipalities under the laws of this state; provided, however, a municipality or joint agency exercising the power of eminent domain for a project authorized by this article shall have no power to condemn any facilities or property owned by a public utility or electric power association for the generation, transmission or distribution of electric power and energy.
The lines and rights-of-way of any public utility or of electric power associations or of municipalities participating in a joint project or of any joint agency may be crossed by any municipalities participating in a joint project or by any joint agency. The lines of any municipality participating in a joint project or of any joint agency may be crossed by any public utility or electric power association. Provided, however, the amount of damages, if any, resulting to the line or right-of-way from the crossing thereof as provided herein shall be determined by the affected parties and shall be paid by the public utility, electric power association, municipality or municipalities participating in a joint project, or joint agency to the owner of the lines or rights-of-way crossed. When the parties affected cannot agree upon the damages to be paid for the crossing, either party may file with the circuit court of the county in which the crossing occurs a petition seeking a determination of the amount of the damages. Said action shall be tried by jury at the next regular term of said court in the same manner and under the same principles as provided for the determination of damages in eminent domain proceedings.
Laws, 1978, ch. 363, § 32, eff. 3/14/1978.