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2018 Mississippi Code
Title 77 - Public Utilities and Carriers
Chapter 5 - Electric Power
Article 7 - Local Governmental Power Development Under Laws of 1934.
§ 77-5-305. Ordinance of intention; notice; election.
Universal Citation: MS Code § 77-5-305 (2018)
- In the event the board of supervisors of any county shall decide to exercise the powers authorized by this article, it shall adopt an ordinance expressing such intention and outlining the nature of the project and/or projects to be undertaken, and fix the maximum sum to be expended on said project for the erection, construction, improvement, and/or purchase of any of the property authorized to be acquired by this article. The board shall give notice of such intention by publication in a newspaper having a general circulation in or published in said county for at least once a week for three successive weeks. It shall only be necessary that said notice shall state that the board has declared its intention to avail itself of the powers granted by this article, and to name the maximum amount proposed to be invested in the projects proposed.
- In the event that twenty percent (20%) of the qualified electors of the county do not file a written protest against any such project by or before the first regular meeting of the board of supervisors after completion of publication of notice, the board is authorized to exercise the powers and authority named in Section 77-5-301 without further notice.
- In the event that twenty percent (20%) of the qualified voters shall file such written petition protesting against such proposed projects, the board must call a special election, before proceeding further, giving notice of the date of such election by publication in a newspaper published in the county or having a general circulation in said county, at least once each week for three successive weeks, the first publication of which must be at least thirty (30) days before the date of the election. The board of supervisors shall have the power to fix the date of such election, and such election shall be conducted as other special elections are conducted. If a majority of the qualified electors voting in such election shall vote in favor of such project, the board of supervisors shall have the power to put the same into effect. The board of supervisors may, in its discretion, call a special election without a petition of protest being filed, which shall be conducted in the same manner as heretofore outlined.
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