Mississippi Advisory Opinions March 20, 1988: AGO 000008218 (March 20, 1988)

AGO 000008218.

Dear Mr. Gill:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached hereto and incorporated herein by reference. We have also received your letter dated April 6, 1988, in which you expressly limit the question raised by your request to whether an election is required pursuant to Miss. Code Ann. 21-27-7 (Supp. 1987). A copy of this letter is also attached hereto and incorporated herein by reference.

It is our understanding that the City of Gautier, (hereinafter"City"), desires to purchase the Gautier Utility District, (hereinafter "District"). Your question, as limited by your subsequent correspondence, is:

Must the City conduct an election on the issue of purchasing the District?

It is the opinion of this office that an election is required to be held and that a majority of the voters voting in such election must approve the purchase of waterworks. The applicable portion of 21-27-7 reads as follows:

. . . A contract for the erection or purchase of waterworks shall not, however, be entered into until submitted to a vote of the qualified electors and approved by a majority of those voting. . . . (Emphasis added)

Accordingly, prior to the purchase of the District's water and sewerage systems, the City must first obtain approval through this election process.

This opinion is expressly limited to the question as to whether an election is required pursuant to 21-27-7. We do not express herein any opinion as to the validity of any option granted by the District. Also, we do not express an opinion as to the ability of the District to transfer or the ability of the City to aquire the assets of the District. We feel compelled to also point out that there is pending legislation which may affect the District's ability to convey and the City's ability to acquire the assets of this district. See House Bill 1293 which is presently pending in the 1988 Session of the Mississippi Legislature.

Hopefully you will find this responsive to your request. Should you have any questions or if we may be of further assistance, please do not hesitate to contact this office.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY John H. Emfinger Special Assistant Attorney General

JHE:mfd Enclosure