Mississippi Code
Municipally Owned Utilities
§ 21-27-43. Electorate to vote on issuance of bonds

Except as hereinafter provided, no bonds shall be issued pursuant to the authority granted in Section 21-27-23 until and unless a majority of those qualified electors of the municipality, voting on a proposition stating in general terms the maximum amount and purposes of the bonds, have approved the issuance at a special election called thereon according to law.
However, the requirement for an election to be held before the issuance of the bonds shall not apply to the issuance of the revenue bonds for the purpose of improving, repairing or extending any waterworks system, water supply system, sewage system, sewage disposal system (or the addition of a sewage disposal system to a sewage system), gas producing system, gas generating, transmission, or distribution system, electric generating, transmission, or distribution system, garbage disposal system, rubbish disposal or incinerator system, or motor vehicle transportation system, which is now, or hereafter, owned or operated by any municipality, or railroad transportation system owned or operated by any municipality located in a county bordering the Mississippi River and in which Highways 49 and 61 intersect. The revenue bonds may be issued for such purposes in the following manner: notice of intention to issue the revenue bonds, setting out the amount and other terms or conditions of the proposed issue, shall be given by publication once a week for three (3) consecutive weeks in a local newspaper published in the municipality, and if a newspaper is not published in the municipality, then in some newspaper having a general circulation in the municipality. After ten (10) days from the last publication of the notice, the bonds may be sold under the regular procedure for selling the bonds unless, within ten (10) days after the last publication of the notice, a petition signed by not less than twenty percent (20%) of the qualified voters of such municipality be filed objecting to and protesting against such revenue bond issue, in which event the same shall not be made unless submitted to a special election ordered for the purpose of determining whether or not a majority of those voting in the election shall vote for or against the revenue bond issue. The election shall be ordered to be held not later than forty (40) days after the date of the last notice of the proposed revenue bond issue. Notice of the election, stating the purpose of the election, shall be published once each week for three (3) consecutive weeks next preceding the time set for holding the election in the newspaper, provided in this section. The laws governing municipal elections shall govern the order and conduct of the election. However, nothing in this section shall prevent the governing authorities from calling an election, whether required by petition of twenty percent (20%) of the qualified voters or not. This section shall not have application to and it shall not affect the authority granted public utilities commissions under Section 21-27-25.

Structure Mississippi Code

Mississippi Code

Title 21 - Municipalities

Chapter 27 - Public Utilities and Transportation

Municipally Owned Utilities

§ 21-27-11. Definitions

§ 21-27-13. Establishment of public utility commission; qualifications, appointment, terms of office, powers and duties, compensation and bonds of commissioners; exercise of powers when commission not established

§ 21-27-15. Governing authorities may remove any commissioner for cause, but may not abolish the commission

§ 21-27-17. Powers and duties of commission

§ 21-27-19. Disposition of revenues by commission

§ 21-27-21. Commission to keep records of service furnished municipality

§ 21-27-23. General powers of municipality as to creation, maintenance, and operation of public utility systems

§ 21-27-25. Borrowing money for improvement, extension, repair or stockpiling fuel of system

§ 21-27-27. Free service

§ 21-27-29. Rates not to be supervised by state; no franchise required

§ 21-27-31. Keeping of books and accounts by municipality

§ 21-27-33. Municipality may dispose of public utility systems

§ 21-27-35. Utilization of proceeds of sale of public utility system

§ 21-27-37. Inspection of utility authorized; penalty for violation

§ 21-27-39. Municipalities may furnish services to consumers outside corporate limits

§ 21-27-41. Ordinance to be enacted before bonds are issued

§ 21-27-43. Electorate to vote on issuance of bonds

§ 21-27-45. Details of bonds; sale; fiscal advisor

§ 21-27-47. Utilization of revenues of system to pay off bonds

§ 21-27-49. Services of system may be used by municipality

§ 21-27-51. Refunding bonds; consolidated bonds

§ 21-27-53. Default on bonds

§ 21-27-55. Bonds may be called

§ 21-27-57. Disposition of revenues

§ 21-27-59. General revenues may be used for operation and maintenance of system

§ 21-27-61. Distribution of revenues and surplus; minutes of municipal governing authorities

§ 21-27-63. Contracts and liens not impaired

§ 21-27-65. Penalty for failing to set aside trust funds

§ 21-27-67. Construction of sections

§ 21-27-69. Obligations under repealed laws remain valid

§ 21-27-71. Issuance of bonds in municipalities of more than one hundred thousand population

§ 21-27-73. Contract for purchase of supply of natural gas from any public nonprofit corporation for up to 10 years