Rights and powers of district--board of supervisors tomanage--treatment system violation, period to comply--failure tocomply, penalty.
249.777. 1. A sewer district organized under the provisionsof sections 249.763 to 249.810 is a political subdivision of thestate and as such has the same rights and privileges and issubject to the same legal restrictions as are other similarpolitical subdivisions.
2. The board shall have the general power to manage theaffairs of the district and all powers vested in the districtshall be exercised by its board of supervisors except insofar asapproval of any action by popular vote may be expressly requiredby law.
3. Every district shall have the powers and purposesprescribed by this section and such others as may now orhereafter be prescribed by law. No express grant of power orenumeration of powers herein shall be deemed to limit thegenerality or scope of any grant of power.
4. A district may sue and be sued and may enter into anycontract necessary or proper for the exercise of its powers orthe accomplishment of its purposes.
5. A district may acquire by purchase, gift or condemnationor may lease or rent any real or personal property. All thepowers may be exercised both within or without the district asmay be necessary for the exercise of its powers or theaccomplishment of its purposes. A district may hold property forsuch purposes, and may lease or rent out or sell or otherwisedispose of any property so far as not needed for such purposes.
6. The district has the right to lay its lines in publichighways, roads, streets and alleys within the district and torepair and maintain them but it must be done under reasonablerules and regulations of the governmental bodies havingjurisdiction over these public places. In the construction ofditches, laying of lines, filling of ditches after lines arelaid, connection of pipes and repairing of lines, due regard mustbe taken of the public in its use of thoroughfares and the equalrights of other utilities.
7. Proceedings for the condemnation of property shall be thesame as proceedings provided for the condemnation of property bysecond class counties except that the proceedings shall beinstituted and carried through by the board of supervisors. Theboard of supervisors shall also have the same authority to enterupon private lands to survey land or other property beforeexercise of the above condemnation powers as is granted undersection 388.210, RSMo, to railroad corporations.
8. The board of supervisors may accept and utilizedonations, gifts or contributions from the owners of propertywithin the district or from others, and if funds acquired in thismanner are adequate for the construction and maintenance of thesewer system, no bonds shall be issued.
9. Each district created or reorganized under sections249.763 to 249.810 shall have all of the powers necessary andconvenient so that it may furnish sewage disposal outlets and, inconjunction therewith, to provide for the construction,acquisition, betterment, operation, maintenance andadministration of any disposal systems, individual home orbusiness sewage treatment systems, sewage treatment plants,interceptors, mains, laterals, drains and all other appurtenancesincidental thereto as the board shall determine to be necessaryand expedient.
10. A district may, upon such terms as may be agreed uponwith the respective governing bodies or authorities concerned,provide for connecting with or using or may lease or acquire andtake over any system, works or facilities for the purposes hereinprovided belonging to any other governmental subdivision or otherpublic agency.
11. A district may, upon such terms as may be agreed uponwith the respective governing bodies or authorities concerned,authorize the use by any other governmental subdivision or otherpublic agency of any system, works or facilities of the districtconstructed for any purpose herein provided so far as thecapacity thereof is sufficient beyond the needs of the district.A district may extend any such system, works or facilities andpermit the use thereof by persons outside the district, so far asthe capacity thereof is sufficient beyond the needs of thedistrict, upon such terms as the board may prescribe.
12. A district may be a party to a joint cooperativeproject, undertaking or enterprise with any one or more othergovernmental subdivisions or other public agencies for anypurpose herein provided upon such terms as may be agreed uponbetween the governing bodies or authorities concerned. Withoutlimiting the effect of the foregoing provision or any otherprovisions herein, a district, with respect to any of itspurposes, may act under and be subject to the provisions ofsection 16 of article VI of the Constitution of Missouri, andchapter 70, RSMo.
13. The district may contract with each participatingcommunity for the payment of its proportionate share of treatmentcosts.
14. The district may refuse to receive any wastes into thesewage system which do not meet relevant state or federal waterpollution, solid waste, or pretreatment standards.
15. If the county in which a sewer district lies, at anytime while the district is in existence, changes its class tobecome something other than a second class county, the sewerdistrict may continue to operate under the provisions of sections249.763 to 249.810 as those sections now exist or as they may beamended.
16. After the owner of the sewer treatment system has beennotified of any violation and has been given a reasonable time ofnot less than thirty days in which to come into compliance, itshall be a class C misdemeanor for any sewer treatment system tobe operated within the jurisdiction of the sewer district whichis not in compliance with applicable water pollution, solid wasteor pretreatment regulations or ordinances. Any penalty imposedby this subsection shall not preclude any appropriate civilremedy.
17. In addition to other powers granted it by law, a sewerdistrict organized under the provisions of sections 249.763 to249.810 may, subject to the approval of a majority of the votersof the district who vote thereon, levy a special assessment, tax,fee, or charge on the property, or any portion thereof, withinthe district which is or will be served by the facilities to bebuilt, maintained, or operated with the revenues of such specialassessment, tax, fee, or charge.
(1996) Section controls rate setting with regard to users outside boundaries of district. Ag Processing, Inc. v. South St. Joseph Industrial Sewer District, 937 S.W.2d 319 (Mo.App.W.D.).
Rights and powers of district--board of supervisors tomanage--treatment system violation, period to comply--failure tocomply, penalty.
249.777. 1. A sewer district organized under the provisionsof sections 249.763 to 249.810 is a political subdivision of thestate and as such has the same rights and privileges and issubject to the same legal restrictions as are other similarpolitical subdivisions.
2. The board shall have the general power to manage theaffairs of the district and all powers vested in the districtshall be exercised by its board of supervisors except insofar asapproval of any action by popular vote may be expressly requiredby law.
3. Every district shall have the powers and purposesprescribed by this section and such others as may now orhereafter be prescribed by law. No express grant of power orenumeration of powers herein shall be deemed to limit thegenerality or scope of any grant of power.
4. A district may sue and be sued and may enter into anycontract necessary or proper for the exercise of its powers orthe accomplishment of its purposes.
5. A district may acquire by purchase, gift or condemnationor may lease or rent any real or personal property. All thepowers may be exercised both within or without the district asmay be necessary for the exercise of its powers or theaccomplishment of its purposes. A district may hold property forsuch purposes, and may lease or rent out or sell or otherwisedispose of any property so far as not needed for such purposes.
6. The district has the right to lay its lines in publichighways, roads, streets and alleys within the district and torepair and maintain them but it must be done under reasonablerules and regulations of the governmental bodies havingjurisdiction over these public places. In the construction ofditches, laying of lines, filling of ditches after lines arelaid, connection of pipes and repairing of lines, due regard mustbe taken of the public in its use of thoroughfares and the equalrights of other utilities.
7. Proceedings for the condemnation of property shall be thesame as proceedings provided for the condemnation of property bysecond class counties except that the proceedings shall beinstituted and carried through by the board of supervisors. Theboard of supervisors shall also have the same authority to enterupon private lands to survey land or other property beforeexercise of the above condemnation powers as is granted undersection 388.210, RSMo, to railroad corporations.
8. The board of supervisors may accept and utilizedonations, gifts or contributions from the owners of propertywithin the district or from others, and if funds acquired in thismanner are adequate for the construction and maintenance of thesewer system, no bonds shall be issued.
9. Each district created or reorganized under sections249.763 to 249.810 shall have all of the powers necessary andconvenient so that it may furnish sewage disposal outlets and, inconjunction therewith, to provide for the construction,acquisition, betterment, operation, maintenance andadministration of any disposal systems, individual home orbusiness sewage treatment systems, sewage treatment plants,interceptors, mains, laterals, drains and all other appurtenancesincidental thereto as the board shall determine to be necessaryand expedient.
10. A district may, upon such terms as may be agreed uponwith the respective governing bodies or authorities concerned,provide for connecting with or using or may lease or acquire andtake over any system, works or facilities for the purposes hereinprovided belonging to any other governmental subdivision or otherpublic agency.
11. A district may, upon such terms as may be agreed uponwith the respective governing bodies or authorities concerned,authorize the use by any other governmental subdivision or otherpublic agency of any system, works or facilities of the districtconstructed for any purpose herein provided so far as thecapacity thereof is sufficient beyond the needs of the district.A district may extend any such system, works or facilities andpermit the use thereof by persons outside the district, so far asthe capacity thereof is sufficient beyond the needs of thedistrict, upon such terms as the board may prescribe.
12. A district may be a party to a joint cooperativeproject, undertaking or enterprise with any one or more othergovernmental subdivisions or other public agencies for anypurpose herein provided upon such terms as may be agreed uponbetween the governing bodies or authorities concerned. Withoutlimiting the effect of the foregoing provision or any otherprovisions herein, a district, with respect to any of itspurposes, may act under and be subject to the provisions ofsection 16 of article VI of the Constitution of Missouri, andchapter 70, RSMo.
13. The district may contract with each participatingcommunity for the payment of its proportionate share of treatmentcosts.
14. The district may refuse to receive any wastes into thesewage system which do not meet relevant state or federal waterpollution, solid waste, or pretreatment standards.
15. If the county in which a sewer district lies, at anytime while the district is in existence, changes its class tobecome something other than a second class county, the sewerdistrict may continue to operate under the provisions of sections249.763 to 249.810 as those sections now exist or as they may beamended.
16. After the owner of the sewer treatment system has beennotified of any violation and has been given a reasonable time ofnot less than thirty days in which to come into compliance, itshall be a class C misdemeanor for any sewer treatment system tobe operated within the jurisdiction of the sewer district whichis not in compliance with applicable water pollution, solid wasteor pretreatment regulations or ordinances. Any penalty imposedby this subsection shall not preclude any appropriate civilremedy.
17. In addition to other powers granted it by law, a sewerdistrict organized under the provisions of sections 249.763 to249.810 may, subject to the approval of a majority of the votersof the district who vote thereon, levy a special assessment, tax,fee, or charge on the property, or any portion thereof, withinthe district which is or will be served by the facilities to bebuilt, maintained, or operated with the revenues of such specialassessment, tax, fee, or charge.
(1996) Section controls rate setting with regard to users outside boundaries of district. Ag Processing, Inc. v. South St. Joseph Industrial Sewer District, 937 S.W.2d 319 (Mo.App.W.D.).
Rights and powers of district--board of supervisors tomanage--treatment system violation, period to comply--failure tocomply, penalty.
249.777. 1. A sewer district organized under the provisionsof sections 249.763 to 249.810 is a political subdivision of thestate and as such has the same rights and privileges and issubject to the same legal restrictions as are other similarpolitical subdivisions.
2. The board shall have the general power to manage theaffairs of the district and all powers vested in the districtshall be exercised by its board of supervisors except insofar asapproval of any action by popular vote may be expressly requiredby law.
3. Every district shall have the powers and purposesprescribed by this section and such others as may now orhereafter be prescribed by law. No express grant of power orenumeration of powers herein shall be deemed to limit thegenerality or scope of any grant of power.
4. A district may sue and be sued and may enter into anycontract necessary or proper for the exercise of its powers orthe accomplishment of its purposes.
5. A district may acquire by purchase, gift or condemnationor may lease or rent any real or personal property. All thepowers may be exercised both within or without the district asmay be necessary for the exercise of its powers or theaccomplishment of its purposes. A district may hold property forsuch purposes, and may lease or rent out or sell or otherwisedispose of any property so far as not needed for such purposes.
6. The district has the right to lay its lines in publichighways, roads, streets and alleys within the district and torepair and maintain them but it must be done under reasonablerules and regulations of the governmental bodies havingjurisdiction over these public places. In the construction ofditches, laying of lines, filling of ditches after lines arelaid, connection of pipes and repairing of lines, due regard mustbe taken of the public in its use of thoroughfares and the equalrights of other utilities.
7. Proceedings for the condemnation of property shall be thesame as proceedings provided for the condemnation of property bysecond class counties except that the proceedings shall beinstituted and carried through by the board of supervisors. Theboard of supervisors shall also have the same authority to enterupon private lands to survey land or other property beforeexercise of the above condemnation powers as is granted undersection 388.210, RSMo, to railroad corporations.
8. The board of supervisors may accept and utilizedonations, gifts or contributions from the owners of propertywithin the district or from others, and if funds acquired in thismanner are adequate for the construction and maintenance of thesewer system, no bonds shall be issued.
9. Each district created or reorganized under sections249.763 to 249.810 shall have all of the powers necessary andconvenient so that it may furnish sewage disposal outlets and, inconjunction therewith, to provide for the construction,acquisition, betterment, operation, maintenance andadministration of any disposal systems, individual home orbusiness sewage treatment systems, sewage treatment plants,interceptors, mains, laterals, drains and all other appurtenancesincidental thereto as the board shall determine to be necessaryand expedient.
10. A district may, upon such terms as may be agreed uponwith the respective governing bodies or authorities concerned,provide for connecting with or using or may lease or acquire andtake over any system, works or facilities for the purposes hereinprovided belonging to any other governmental subdivision or otherpublic agency.
11. A district may, upon such terms as may be agreed uponwith the respective governing bodies or authorities concerned,authorize the use by any other governmental subdivision or otherpublic agency of any system, works or facilities of the districtconstructed for any purpose herein provided so far as thecapacity thereof is sufficient beyond the needs of the district.A district may extend any such system, works or facilities andpermit the use thereof by persons outside the district, so far asthe capacity thereof is sufficient beyond the needs of thedistrict, upon such terms as the board may prescribe.
12. A district may be a party to a joint cooperativeproject, undertaking or enterprise with any one or more othergovernmental subdivisions or other public agencies for anypurpose herein provided upon such terms as may be agreed uponbetween the governing bodies or authorities concerned. Withoutlimiting the effect of the foregoing provision or any otherprovisions herein, a district, with respect to any of itspurposes, may act under and be subject to the provisions ofsection 16 of article VI of the Constitution of Missouri, andchapter 70, RSMo.
13. The district may contract with each participatingcommunity for the payment of its proportionate share of treatmentcosts.
14. The district may refuse to receive any wastes into thesewage system which do not meet relevant state or federal waterpollution, solid waste, or pretreatment standards.
15. If the county in which a sewer district lies, at anytime while the district is in existence, changes its class tobecome something other than a second class county, the sewerdistrict may continue to operate under the provisions of sections249.763 to 249.810 as those sections now exist or as they may beamended.
16. After the owner of the sewer treatment system has beennotified of any violation and has been given a reasonable time ofnot less than thirty days in which to come into compliance, itshall be a class C misdemeanor for any sewer treatment system tobe operated within the jurisdiction of the sewer district whichis not in compliance with applicable water pollution, solid wasteor pretreatment regulations or ordinances. Any penalty imposedby this subsection shall not preclude any appropriate civilremedy.
17. In addition to other powers granted it by law, a sewerdistrict organized under the provisions of sections 249.763 to249.810 may, subject to the approval of a majority of the votersof the district who vote thereon, levy a special assessment, tax,fee, or charge on the property, or any portion thereof, withinthe district which is or will be served by the facilities to bebuilt, maintained, or operated with the revenues of such specialassessment, tax, fee, or charge.
(1996) Section controls rate setting with regard to users outside boundaries of district. Ag Processing, Inc. v. South St. Joseph Industrial Sewer District, 937 S.W.2d 319 (Mo.App.W.D.).
