Message-ID: <5346244.1075855247526.JavaMail.evans@thyme> Date: Mon, 11 Jun 2001 16:43:00 -0700 (PDT) From: wmontjoy@brunini.com To: kay.mann@enron.com Subject: MDEA, Clarksdale and Yazoo City Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Wilson Montjoy X-To: Kay.Mann@enron.com X-cc: X-bcc: X-Folder: \Kay_Mann_Jan2002\Mann, Kay\Yazoo City X-Origin: Mann-K X-FileName: kmann (Non-Privileged).pst Another research report. Miss. Code Ann Sec 21-27-59 provides that nothing in the law pursuant to which CPU was created shall be construed to prohibit the municipality from using general revenues to pay the "immediate expenses of operation and/or maintence" of the system. However, the statute provides that nothing requires the municipality to do so either. We've found no case law expanding on this statute. Thus, there is no clear answer whether obligations of CPU to Enron would be considered the kinds of expenses which may be paid. If a guarantee by CPU of the obligations of MDEA is insufficient, then it may be worth raising this issue with David Hunt. As I mentioned in my voicemail last week, I do have some comments on the proposed agreement. Please let me know if you wish to discuss.