Hedglin, 011480 MSAGO, 19800114

• Case Date: January 14, 1980
• Court: South Carolina

Honorable John Hedglin, No. 19800114 Mississippi Attorney General Opinions January 14, 1980          Honorable John Hedglin          Assistant City Attorney          City of Jackson          Post Office Box 17          Jackson, Mississippi 39205          Municipalities — Powers — Sewage Disposal           Dear Mr. Hedglin:          Attorney General A. F. Summer has received your letter and has assigned it to me for research and reply.          Your letter states:

“The City of Jackson has entered into sewage disposal agreements with the Pearl River Valley Water Supply District and the Town of Ridgeland under the authority of the Metropolitan Area Waste Disposal Act (Sections 21-27-161 to 21-27-191). A similar agreement with the Town of Madison is anticipated. Section 21-27-171 appears to give a municipality an absolute right to enter into a contract with any person or public agency located wholly or partially within its metropol itan area for the purpose of construction and operation of a waste disposal system. “A question has arisen as to whether an agreement made under the above mentioned act is also subject to that provision of the Interlocal Cooperation Act of 1974 which requires that agreements between local governmental units be submitted to the Attorney General's office (Section 17-13-11). We would appreciate your office rendering an opinion on this matter.”

         Section 21-27-165 of the Mississippi Code of 1972, Annotated, part of the Act you cite, describes the general powers of a municipality under the Act:

“ § 21-27-165 . General powers of municipality as to waste collection, transportation, treatment, or disposal within metropolitan area.

         A municipality is authorized and empowered to acquire, construct, improve, enlarge, extend, repair, operate and maintain one or more sewage disposal systems and make contracts with any person or any public agency, under the terms of which the municipality will, within or without the municipality but within its metropolitan area, collect, transport, treat or dispose of waste for such person or public agency. A municipality may also enter into contracts with any person to purchase or sell, by installments over such term as may be deemed desirable, or otherwise, any waste collection, transportation, treatment or sewage disposal facilities or systems. A municipality is also authorized to enter into operating agreements with any person, for such terms and upon such conditions as may be...