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Enron Mail |
I've recopied below Miss. Code Ann. Sec. 77-5-727. Subsection (u) appears t=
o answer your question, at least as to purchases of electric power. I'm not= aware of anything under the joint action agancy law that empowers the enti= ty to buy gas on behalf of its members. Section 77-5-729 provides authority for the member utility to contract with= the joint agency to purchase power. It's recopied below as well. ? 77-5-725. Powers of joint agencies Current through End of 2000 3rd Ex. Sess. References Annotations Each joint agency shall have all of the rights and powers necessary or conv= enient to carry out and effectuate the purposes and provisions of this arti= cle, including, but without limiting the generality of the foregoing, the r= ights and powers: (a) To adopt bylaws for the regulation of the affairs and the conduct of it= s business, and to prescribe rules, regulations and policies in connection = with the performance of its functions and duties; (b) To adopt an official seal and alter the same at pleasure; © To maintain an office at such place or places as it may determine; (d) To sue and be sued in its own name, and to plead and be impleaded; (e) To receive, administer and comply with the conditions and requirements = respecting any gift, grant or donation of any property or money; (f) To acquire by purchase, lease, gift or otherwise, or to obtain options = for the acquisition of, any property, real or personal, improved or unimpro= ved, including an interest in land less than the fee thereof; (g) To sell, lease, exchange, transfer or otherwise dispose of, or to grant= options for any such purposes with respect to, any real or personal proper= ty or interest therein; (h) To pledge or assign any money, rents, charges or other revenues and any= proceeds derived by the joint agency from the sales of property, insurance= or condemnation awards; (i) To issue bonds of the joint agency for the purpose of providing funds f= or any of its corporate purposes; (j) To study, plan, finance, construct, reconstruct, acquire, improve, enla= rge, extend, better, own, operate and maintain, one or more projects, eithe= r individually or jointly, with one or more municipalities in this state or= any other state owning electric distribution facilities or with any politi= cal subdivision, agencies or instrumentalities of any state, or with any on= e or more joint agencies created pursuant to this article, or any person, f= irm, association or corporation, public or private, engaged in the generati= on, transmission or distribution of electric power and energy within this s= tate or any other state, and to pay all or any part of the costs thereof fr= om the proceeds of bonds of the joint agency or from any other funds made a= vailable to the joint agency; (k) To authorize the construction, operation or maintenance of any project = or projects by any person, firm or corporation, including political subdivi= sions and agencies of any state, or of the United States; (l) To acquire by lease, purchase or otherwise an existing project or a pro= ject under construction, or any interest therein, or portion thereof; (m) With the unanimous consent of the member municipalities, to sell or oth= erwise dispose of any project or projects, or any interest therein or porti= on thereof. The member municipalities may enter into an agreement with the= joint agency whereby certain types of property may be traded or otherwise = disposed of without unanimous consent of the member municipalities; (n) To fix, charge and collect rents, rates, fees and charges for electric = power or energy and other services, facilities and commodities sold, furnis= hed or supplied through any project; (o) To generate, produce, transmit, deliver, exchange, purchase or sell for= resale only, electric power or energy, and to enter into contracts for any= or all such purposes; (p) To negotiate and enter into contracts for the purchase, sale, exchange,= interchange, wheeling, pooling, transmission or use of electric power and = energy with any municipality in this state or any other state owning electr= ic distribution facilities, or with any political subdivisions, agencies or= instrumentalities of any other state or with other joint agencies created = pursuant to this article, any electric power association, any public or pri= vate utility, and any state, federal or municipal agency which owns electri= c generation, transmission or distribution facilities in this state or any = other state; (q) To make and execute contracts and other instruments necessary or conven= ient in the exercise of the powers and functions of the joint agency under = this article, including contracts with persons, firms, corporations and oth= ers; (r) To apply to the appropriate agencies of the state, the United States or= any state thereof, and to any other proper agency for such permits, licens= es, certificates or approvals as may be necessary, and to construct, mainta= in and operate projects in accordance with, and to obtain, hold and use, su= ch licenses, permits, certificates or approvals in the same manner as any o= ther person or operating unit of any other person; provided, however, noth= ing herein contained shall be construed to require the joint agency to obta= in any permit, license, certificate or approval from the Public Service Com= mission of Mississippi; (s) To employ engineers, architects, attorneys, real estate counselors, app= raisers, financial advisors and such other consultants and employees as may= be required in the judgment of the joint agency and to fix and pay their c= ompensation from funds available to the joint agency therefor; (t) To purchase all kinds of insurance including, but not limited to, insur= ance against business interruption, and/or risks of damage to property; (u) To purchase power and energy and related services from any source on be= half of its members and other customers and to sell the same to its members= and other customers in such amounts, with such characteristics, for such p= eriods of time and under such terms and conditions as the board of commissi= oners shall determine; and (v) To do all acts and things necessary, convenient or desirable to carry o= ut the purposes, and to exercise the powers granted to the joint agency her= ein. ? 77-5-729. Contracts by members to buy power from joint agencies Current through End of 2000 3rd Ex. Sess. References 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 r= equirements, including the capacity and output of one or more specified pro= jects. As the creation of a joint agency is an alternative method whereby = a municipality may obtain the benefits and assume the responsibilities of o= wnership in a project, any such contract may provide that the municipality = so contracting shall be obligated to make the payments required by the cont= ract whether or not a project is completed, operable, operating, retired or= decommissioned and notwithstanding the suspension, interruption, interfere= nce, reduction, curtailment or termination of the output of a project or th= e power and energy contracted for, and that such payments under the contrac= t shall not be subject to any reduction whether by offset or otherwise, and= shall not be conditioned upon the performance or nonperformance of the joi= nt 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 ca= pacity or output of a project entered into between a joint agency and its m= ember municipalities may also provide that if one or more of such municipal= ities shall default in the payment of its or their obligations, with respec= t to the purchase of said capacity or output, then in that event the remain= ing member municipalities which are purchasing capacity and output under th= e contract shall be required to accept and pay for and shall be entitled pr= oportionately 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 c= ontracts 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) yea= rs from the date a project is estimated to be placed in normal continuous o= peration; 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 artic= le 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 deriv= ed from the ownership and operation of the electric system of said municipa= lity and any obligation under such contract shall not constitute a legal or= equitable pledge, charge, lien or encumbrance upon any property of the mun= icipality or upon any of its income, receipts or revenues, except the reven= ues 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 o= bligation under any such contract. A municipality shall be obligated to fi= x, 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 adequat= e to meet its obligations under any such contract and to pay any and all ot= her amounts payable from or constituting a charge and lien upon such revenu= es, including amounts sufficient to pay the principal of and interest on bo= nds 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 el= ectric system or facilities and may make available for the use of the joint= agency any personnel, equipment and property, both real and personal, whic= h 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 f= acilities to a joint agency as may be agreed upon by the joint agency and t= he 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 t= he member and the joint agency.
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