and operations of the gas and water distribution systems, but it does not include the construction or installation of the systems. ¶ 49. Kelley was informed that the Department was initiating a new program to compete with private construction contractors for the installation of utility services. Kelley accepted the low bid submitted by the Department after receiving bids from two other private construction contractors. I would find there is a genuine issue of material fact as to whether the Department departed from its stated function of providing utilities, specifically gas and water, to the City of Corinth when it constructed and installed the water lines on Kelley’s property following the bidding process. See Poppenheimer v. Estate of Coyle, 98 So.3d 1059, 1068 (¶ 29) (Miss.2012) (<HOLDING>). Additional discovery will allow the trial
holding that the fact that the city had delegated its municipal engineering functions to a private entity was dispositive in establishing that documents generated by the private entity were public records holding that despite providing valuable services to its community a volunteer fire department was a private entity and an independent contractor not clothed with immunity under the mtca holding that the determination of whether an individual is an independent contractor lies in the common law and not under an express provision of the act holding that duty to ensure that independent contractor performs its work in safe manner arises if the general contractor retains some control over the manner in which the independent contractor performs its work holding that no independent tort duty attached to an architect and a pool contractor providing contractual services