Hobbs, 020580 MSAGO, 19800205

• Case Date: February 05, 1980
• Court: South Carolina

Honorable Henry W. Hobbs, Jr. No. 19800205 Mississippi Attorney General Opinions February 05, 1980          Honorable Henry W. Hobbs, Jr.          Hobbs, Hobbs & Peeples, Attorneys at Law          Post Office Box 553          Brookhaven, Mississippi 39601          Municipalities — Powers of Governing Authorities and Contracts and Purchases           Dear Mr. Hobbs:          Attorney General Bill Allain has received your letter and has assigned it to me for research and reply.          For convenience of reference, a copy of your letter is enclosed.          You inquire about powers of the municipal governing authorities and bidding for municipal purchases. As we have had occasion to do in the past, we commend you for the excellence of your presentation.          You cite Sections 21-27-13 and 21-27-17, and quoting from the letter, ask:

“1. Where there is no municipal public utility commission as contemplated by 21-27-13, is the superintendent of a municipally owned and operated waterworks and sewerage system or systems authorized to purchase at any one time materials and supplies for such system or systems up to an amount not exceeding $2, 000.00 without the necessity of advertising for competitive bids, when no emergency exists, provided such superintendent or the manager of such systems makes and keeps full and proper books and records of all such purposes and submits them to the governing authority of the municipality for its approval and ratification before payment?” “2. Does the Mayor and Board of Aldermen of a municipality such as is referred to in question No. 1 above have the authority to approve and ratify and authorize payment of purchases made under the circumstances described in question No. 1 above?” Section 21-27-13 provides in part: “§ 21-27-13. Establishment of municipal public utility commission . The governing authorities of any municipality which now owns and operates, or hereafter shall own and operate any system or systems, shall have the power and authority to create a commission to control, manage, and operate such systems, or any one or more of them, ... Where the governing authorities of the municipality do not elect to create a commission as herein provided, then any system or systems owned and operated by the municipality shall be controlled and managed by the governing authorities of such municipality, who shall have all the power and authority conferred upon said commission.” (Emphasis Supplied)

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