Title XXV — INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

393.430. Gas storage company may exercise eminent domain — purposes — procedure. — Subject to the limitations and provisions provided in sections 393.410 to 393.510, any gas storage company may acquire by condemnation land or interests in land, necessary or convenient to its oper…

393.440. Powers not to be exercised until approved by public service commission. — None of the following rights, to wit: (1) The right to condemn any stratum or formation for the purpose of utilization thereof for the underground storage of gas, or (2) The right to proceed as in …

393.450. Buildings not to be condemned. — No gas storage company shall, by virtue of sections 393.410 to 393.510, be authorized to enter, appropriate or condemn any dwelling, barn, store, warehouse or other building. ­­-------- (L. 1953 p. 513 § 7)

393.460. Strata and formations not subject to condemnation. — No stratum or formation lying less than five hundred feet below the surface, and no stratum or formation containing potable water conforming to the mineral content standards of the United States Public Health Service, …

393.470. Limitation on condemnation of property held for public uses. — In case the lands sought to be condemned pursuant to sections 393.410 to 393.510 are held by any corporation, the right to condemn the same pursuant to sections 393.410 to 393.510 shall be limited to such use…

393.480. Law not to restrict other powers of eminent domain. — Nothing herein contained shall limit or impair any right to exercise the power of eminent domain which may be vested in any gas storage company by any other law. ­­-------- (L. 1953 p. 513 § 9)

393.490. Rights of owner of land in condemned strata. — Any and all rights to utilize any strata or formations, underlying any land, for the underground storage of gas, which are acquired by any gas storage company by condemnation pursuant to section 393.430 or by proceeding as i…

393.500. Gas in underground storage personal property. — Whenever gas belonging to any person or corporation is injected into underground storage, it shall, unless and until it be abandoned by the owner thereof, be and remain personal property and the property of the owner thereo…

393.510. Limitations to begin, when — cause deemed to accrue, when. — In civil actions arising under or by virtue of sections 393.410 to 393.510, and by virtue of the powers herein authorized, the statute of limitations shall not begin to run against any right or cause of action …

393.550. Definitions. — As used in sections 393.550 to 393.565, the following terms mean: (1) "Access demand notice", the notice required by section 393.553; (2) "Denial of access", a failure or refusal by a utility customer in default to enable a utility company having a need fo…

393.553. Written demand, notice, contents, refusal of access deemed denial of access, when. — Whenever there exists a need for access, as defined in subdivision (3) of section 393.550, to a utility meter, the utility company may make demand, by written notice, upon the utility cu…

393.555. Denial of access, filing of affidavit, contents — initial access order, procedure, becomes final order of access, when. — 1. Upon any denial of access, the utility company may institute an action to acquire access to the utility meter by filing with the associate circuit…

393.557. Final order of access, exception — bond, amount — hearing. — 1. The initial access order shall become a final order of access under section 393.555 unless the utility customer in default posts a bond which must be: (1) Approved by and filed with the court within the time…

393.559. Access, with sheriff, expenses of sheriff. — When the sheriff receives a final order of access as described in section 393.555 or 393.557, he shall immediately deliver and grant the utility company access to the utility meter by entering the residence with an authorized …

393.561. Damages awarded to utility customer, when — costs, court to determine who pays. — 1. If, at the hearing on the delivery of access to the utility meter under section 393.557, the court specifically finds, on the basis of the record at such hearing, that the utility compan…

393.563. Other rights of access, not affected. — Nothing contained in sections 393.550 to 393.565 shall affect the other rights of access which may be available to the utility company against the utility customer in default under applicable law, or under applicable rules, regulat…

393.565. Appeals, customer must give bond. — Applications for appeals shall be allowed and conducted in the manner provided in chapter 512; but no application for an appeal by the utility customer in default shall stay execution unless the utility customer in default gives bond, …

393.700. Short title. — Sections 393.700 to 393.770 shall be known as the "Joint Municipal Utility Commission Act". ­­-------- (L. 1978 H.B. 1126 § 1, A.L. 1983 H.B. 204, A.L. 2002 H.B. 1402)

393.705. Definitions. — As used in sections 393.700 to 393.770, the following terms shall, unless the context clearly indicates otherwise, have the following meanings: (1) "Bond" or "bonds", any bonds, interim certificates, notes, debentures or other obligations of a commission i…

393.710. Municipalities, public water supply districts and sewer districts may form commission — purposes — contents of contract — board of directors. — 1. Municipalities, joint municipal utility commissions, public water supply districts, and sewer districts may, by joint contra…

393.715. Powers of commission — purchase of private water utility serving outside municipal limits, effect — successorship, continued and new service authorized, when. — 1. The general powers of a commission to the extent provided in section 393.710 to be exercised for the benefi…

393.720. Commissions to be bodies public and corporate. — Any commission established by joint contract under sections 393.700 to 393.770 shall constitute a body public and corporate of the state, exercising public powers for the benefit of its contracting members and in order to …

393.725. Bonds issued to be revenue bonds only — form of bonds. — 1. Bonds issued pursuant to sections 393.700 to 393.770 by a commission shall be payable, as to the principal and interest, solely from the net revenues derived from the operation of any one or more of the projects…

393.730. Requirements of resolution authorizing bonds. — 1. The resolution authorizing any issuance of bonds hereunder shall make provision for the payment of the bonds by fixing such rates, fees and charges for water, sewer, gas, heat, electric power and energy and all other ser…

393.735. Additional security for bonds issued may be given, how. — As additional security for bonds issued or to be issued by a commission, the commission may mortgage or execute deeds of trust of the whole or any part of a project. Any such mortgage or deed of trust covering the…

393.740. Certain taxes applicable. — 1. All bonds issued pursuant to sections 393.700 to 393.770 and all income or interest thereon shall be exempt from all state taxes, except estate and transfer taxes. 2. All property, real and tangible personal, except for properties acquired …

393.745. Refunding bonds may be issued. — Any commission governed by the provisions of sections 393.700 to 393.770 having issued bonds under sections 393.700 to 393.770 may from time to time as authorized by resolution of the commission or by resolution of its executive committee…

393.750. Bonds legal investments for enumerated purposes. — Bonds issued by any commission under the provisions of sections 393.700 to 393.770* are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance com…

393.755. Bonds may be repurchased. — A commission shall have power to purchase bonds out of any funds available therefor and to hold, pledge, cancel or resell such bonds, subject to and in accordance with any agreements with the holders. ­­-------- (L. 1978 H.B. 1126 § 12) Effect…

393.760. Election on issuance of bonds — required actions — notice — conduct of election — form of ballot — alternative voting procedures. — 1. Each participating municipality shall, in accordance with the provisions of chapter 115, order an election to be held whereby the qualif…

393.770. Purchase agreements authorized — terms — not to constitute debt. — 1. The contracting municipalities may provide in the joint contract for payment to the commission of funds for commodities to be procured and services to be rendered by the commission. The contracting mun…

393.825. Nonprofit sewer companies, who may organize — articles of incorporation, contents, submission to secretary of state. — 1. Nonprofit, membership corporations may be organized under sections 393.825 to 393.861 and section 393.175 only for the purpose of supplying wastewate…

393.827. Conversion of wastewater disposal or treatment corporation to nonprofit sewer company, requirements for conversion — term "articles of incorporation" includes articles of conversion. — Any corporation organized under the laws of this state for the purpose of, among other…

393.829. Powers. — A nonprofit sewer company shall have power: (1) To sue and be sued, in its corporate name; (2) To have succession by its corporate name for the period stated in its articles of incorporation or, if no period is stated in its articles of incorporation, to have s…

393.831. Articles of incorporation, amendment requirements. — A company may amend its articles of incorporation by complying with the following requirements: (1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the …

393.833. Principal office, change of, procedure. — A company may, upon authorization of a majority of the members at any regular or special meeting, change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged in dup…

393.835. Articles of incorporation, amendment, consolidation, merger, conversion or dissolution — filing — duties of secretary of state. — 1. Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledge…

393.837. Securities law of Missouri not to apply, when. — The provisions of the securities law of Missouri shall not apply to any note, bond or other evidence of indebtedness issued by any nonprofit sewer company transacting business in this state pursuant to sections 393.825 to …

393.839. Membership — meetings, annual, special — quorum — voting. — 1. No person shall become a member of a nonprofit sewer company unless such person shall agree to use services furnished by the company when such shall be available through its facilities. The bylaws of a compan…

393.841. Voting districts may be provided, when, procedure. — Notwithstanding any other provision of law, the bylaws may provide that the territory in which a company supplies wastewater services may be divided into two or more voting districts for the purpose of properly distrib…

393.843. Board of directors, powers and duties. — 1. The business and affairs of a company shall be managed by a board of not less than five directors, each of whom shall be a member of the company. The bylaws shall prescribe the number of directors, their qualifications, other t…

393.845. Officers, annual election, removal from office — employees and agents. — The officers of a nonprofit sewer company shall consist of a president, vice president, secretary and treasurer, who shall be elected annually. No person shall continue to hold the offices of presid…

393.847. Department of natural resources, jurisdiction, supervision, powers and duties — public service commission jurisdiction, limitations. — 1. Every nonprofit sewer company constructing, maintaining and operating its wastewater lines and treatment facilities shall construct, …

393.849. Excess revenues. — Revenues of a nonprofit sewer company for any fiscal year in excess of the amount thereof necessary: (1) To defray expenses of the company and of the operation and maintenance of its facilities during such fiscal year; (2) To pay interest and principal…

393.851. Prepayment of debt not prohibited. — Nothing herein contained shall be construed to prohibit the payment by a company of all or any part of its indebtedness prior to the date when the same shall become due. ­­-------- (L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3) Effe…

393.853. Voluntary dissolution, articles, contents, submission to secretary of state. — 1. A nonprofit sewer company which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged in duplicate o…

393.855. Voluntary dissolution, procedure for winding up affairs. — A nonprofit sewer company which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: (1) The board of directors shall first recommend that the company be dissolved volu…

393.857. Construction of laws relating to nonprofit sewer companies. — Sections 393.825 to 393.861 and section 393.175 shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purp…

393.861. Private property of members exempt from execution for debts of company. — The private property of the members of a nonprofit sewer company shall be exempt from execution for the debts of the company and no member shall be liable or responsible for any debts of the compan…

393.900. Nonprofit water companies may be organized — articles of incorporation. — 1. Nonprofit, membership corporations may be organized pursuant to sections 393.900 to 393.951 only for the purpose of supplying water for distribution, wholesale and treatment services within the …