Mississippi Code
Article 15 - Joint municipal electric power
§ 77-5-729. Member municipalities may contract to buy power from joint agencies

Any municipality which is a member of the joint agency may contract to buy from the joint agency power and energy required for its present or future requirements, including the capacity and output of one or more specified projects. As the creation of a joint agency is an alternative method whereby a municipality may obtain the benefits and assume the responsibilities of ownership in a project, any such contract may provide that the municipality so contracting shall be obligated to make the payments required by the contract whether or not a project is completed, operable, operating, retired or decommissioned and notwithstanding the suspension, interruption, interference, reduction, curtailment or termination of the output of a project or the power and energy contracted for, and that such payments under the contract shall not be subject to any reduction whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint agency or any other member of the joint agency under the contract or any other instrument. Any contract with respect to the sale or purchase of capacity or output of a project entered into between a joint agency and its member municipalities may also provide that if one or more of such municipalities shall default in the payment of its or their obligations, with respect to the purchase of said capacity or output, then in that event the remaining member municipalities which are purchasing capacity and output under the contract shall be required to accept and pay for and shall be entitled proportionately to and may use or otherwise dispose of the capacity or output which was to be purchased by the defaulting municipality.
Notwithstanding the provisions of any other law to the contrary, any such contracts with respect to the sale or purchase of capacity, output, power or energy from a project may extend for a period not exceeding fifty (50) years from the date a project is estimated to be placed in normal continuous operation; and the execution and effectiveness thereof shall not be subject to any authorizations or approvals by the state or any agency, commission or instrumentality or political subdivision thereof except as in this article specifically required and provided.
Payments by a municipality under any contract for the purchase of capacity and output from a joint agency shall be made solely from the revenues derived from the ownership and operation of the electric system of said municipality and any obligation under such contract shall not constitute a legal or equitable pledge, charge, lien or encumbrance upon any property of the municipality or upon any of its income, receipts or revenues, except the revenues of its electric system, and neither the faith and credit nor the taxing power of the municipality are, or may be, pledged for the payment of any obligation under any such contract. A municipality shall be obligated 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 its electric system sufficient to provide revenues adequate to meet its obligations under any such contract and to pay any and all other amounts payable from or constituting a charge and lien upon such revenues, including amounts sufficient to pay the principal of and interest on bonds heretofore or hereafter issued by the municipality for purposes related to its electric system.
Any municipality which is a member of a joint agency may furnish the joint agency with money derived solely from the ownership and operation of its electric system or facilities and may make available for the use of the joint agency any personnel, equipment and property, both real and personal, which is a part of its electric system or facilities.
Any member of a joint agency may contract for, advance or contribute funds derived solely from the ownership and operation of its electric system or facilities to a joint agency as may be agreed upon by the joint agency and the member, and the joint agency shall repay such advances or contributions from proceeds of bonds, from operating revenues or from any other funds of the joint agency, together with interest thereon as may be agreed upon by the member and the joint agency.

Structure Mississippi Code

Mississippi Code

Title 77 - Public Utilities and Carriers

Chapter 5 - Electric Power

Article 15 - Joint municipal electric power

§ 77-5-701. Short title

§ 77-5-703. Declaration of purpose

§ 77-5-705. Definitions

§ 77-5-707. Powers of municipality; determining power and energy needs; filing of determination

§ 77-5-709. Proportionate ownership of undivided interest in projects; liability of municipality; contracts; issuance of bonds

§ 77-5-711. Sale or exchange by municipality of excess capacity or output

§ 77-5-713. Application for licenses, permits, certificates or approvals

§ 77-5-715. Contracts for exchange, interchange, wheeling, pooling and transmission of electric power

§ 77-5-717. Creation of joint agencies; application process; issuance of certificate of incorporation

§ 77-5-719. Additional membership in joint agencies; withdrawal from membership

§ 77-5-721. Board of commissioners of joint agency; officers; quorum; voting; expenses

§ 77-5-723. Board of commissioners of joint agency; executive committee

§ 77-5-725. Rights and powers of joint agencies

§ 77-5-727. Determining appropriateness of projects to be undertaken by joint agencies; objections; appeal process

§ 77-5-729. Member municipalities may contract to buy power from joint agencies

§ 77-5-731. Sale or exchange by joint agency of excess capacity or output

§ 77-5-733. Joint or several ownership and maintenance by municipalities and joint agencies with other public agencies

§ 77-5-735. Exemption from laws relating to competitive bidding

§ 77-5-737. Joint agency pledge bonds

§ 77-5-739. Issuance of bonds by municipalities and joint agencies

§ 77-5-741. Bonds to be secured by resolution, trust indenture or other security instrument; contents

§ 77-5-743. Fixing, charging and collecting rents, fees, rates and charges; municipalities

§ 77-5-745. Fixing, charging and collecting rents, fees, rates and charges; joint agencies

§ 77-5-747. Pledges made by municipalities or joint agencies

§ 77-5-749. Temporary investment and reinvestment of money

§ 77-5-751. Proceedings to enforce rights of holders of bonds

§ 77-5-753. Bonds issued under this article as proper and legal investments

§ 77-5-755. Bonds issued as special obligations of municipality or joint agency issuing them

§ 77-5-757. Refunding bonds

§ 77-5-759. Tax exempt status; bonds

§ 77-5-761. Tax exempt status; interest in project owned by municipality or joint agency

§ 77-5-763. Rights, privileges and immunities of personnel

§ 77-5-765. Dissolution of joint agencies

§ 77-5-767. Annual reports; joint agencies; municipalities

§ 77-5-769. Application of laws of other states and the United States

§ 77-5-771. Grants-in-aid and loans from federal and state governments

§ 77-5-773. Eminent domain; crossing lines and rights-of-way of utilities

§ 77-5-775. Personal liability of certain personnel

§ 77-5-777. Exemption from requirements of separate actions under this article when governing authorities of utility commission and municipality are same

§ 77-5-779. Provisions supplemental and additional

§ 77-5-781. Authority or right of other entities to engage in retail distribution of electric power not impaired

§ 77-5-783. Construction of article