Certain utility may be placed under control of receiver--commissiondetermination, procedure--appointment of receiver, bond.
393.145. 1. If, after hearing, the commission determines that anysewer or water corporation that regularly provides service to eightthousand or fewer customer connections is unable or unwilling to providesafe and adequate service, has been actually or effectively abandoned byits owners, or has defaulted on a bond, note or loan issued or guaranteedby any department, office, commission, board, authority or other unit ofstate government, the commission may petition the circuit court for anorder attaching the assets of the utility and placing the utility under thecontrol and responsibility of a receiver. The venue of such cases shall,at the option of the commission, be in the circuit court of Cole County orin the circuit court of the county in which the utility company has itsprincipal place of business.
2. If the commission orders its general counsel to petition thecircuit court for the appointment of a receiver under subsection 1 of thissection, it may in the same order appoint an interim receiver for the seweror water corporation. The interim receiver shall have the authoritygenerally granted to a receiver under subsection 6 of this section, exceptthat the commission cannot authorize the interim receiver to transfer bysale or liquidate the assets of the utility. The interim receiver shall becompensated in an amount to be determined by the commission. The interimreceiver shall serve until a judgment on a petition for writ of review ofthe commission's order, if any, is final and unappealable, and until thecircuit court thereafter determines under subsection 5 of this sectionwhether to grant the commission's petition for appointment of receiver.
3. When the commission files its petition for appointment of receiverin the circuit court, it shall attach to its petition an official copy ofits determination under subsection 1 of this section. The commission shallnot file such action until its determination under subsection 1 of thissection is final and unappealable.
4. The summons and petition for an order attaching the assets of theutility and appointing a receiver shall be served as in other civil casesat least five days before the return date of the summons. In addition toattempted personal service, upon request of the commission, the judgebefore whom the proceeding is commenced shall make an order directing thatthe officer or other person empowered to execute the summons shall alsoserve the same by securely affixing a copy of the summons and petition in aconspicuous place on the utility system in question at least ten daysbefore the return date of the summons, and by also mailing a copy of thesummons and petition to the defendant at its last known address by ordinarymail and by certified mail, return receipt requested, deliver to addresseeonly, at least ten days before the return date. If the officer or otherperson empowered to execute the summons makes return that personal servicecannot be obtained on the defendant, and if proof be made by affidavit ofthe posting and of the mailing of a copy of the summons and petition, thejudge shall, at the request of the commission, proceed to hear the case asif there had been personal service, and judgment shall be rendered andproceedings had as in other cases. If the commission does not requestservice of the original summons by posting and mailing, and if the officeror other person empowered to execute the summons makes return that personalservice cannot be obtained on the defendant, the commission may request theissuance of an alias summons and service of the same by posting and mailingin the time and manner provided in this subsection. Upon proof byaffidavit of the posting and of the mailing of a copy of the alias summonsand the petition, the judge shall proceed to hear the case as if there hadbeen personal service, and judgment shall be rendered and proceedings hadas in other cases.
5. The court, after hearing, may grant the commission's petition forappointment of a receiver. Where the defendant is in default, the courtshall mail to the defendant at its last known address by certified mailwith a request for return receipt and with directions to deliver to theaddressee only, a notice informing the defendant of the judgment and thedate it was entered. A receiver appointed pursuant to this section shallbe a responsible person, partnership, or corporation knowledgeable in theoperation of utilities.
6. The receiver shall give bond, and have the same powers and besubject to all the provisions, as far as they may be applicable, enjoinedupon a receiver appointed by virtue of the law providing for suits byattachment. The receiver shall operate the utility so as to preserve theassets of the utility and to serve the best interests of its customers.The receiver shall be compensated from the assets of the utility in anamount to be determined by the court with the assistance of the commissionstaff. Any receiver or interim receiver appointed under this section shallbe immune from personal liability for any civil damages arising from actsperformed in his or her official capacity for actions for which thereceiver or interim receiver would not otherwise be liable except for hisor her affiliation with the utility. This immunity shall not, however,apply to intentional conduct, wanton or willful conduct, or grossnegligence. Nothing in this subsection shall be construed to create orabolish an immunity in favor of the utility itself.
7. Control of and responsibility for the utility shall remain in thereceiver until the utility can, in the best interests of its customers, bereturned to the owners. However, if the commission or another interestedparty petitions and the court determines, after hearing, that control ofand responsibility for the utility should not, in the best interests of itscustomers, be returned to the owners, the court shall direct the receiverto transfer by sale or liquidate the assets of the utility in the mannerprovided by law.
8. The appointment of a receiver or an interim receiver shall be inaddition to any other remedies provided by law.
9. Notwithstanding the requirement of section 386.600, RSMo, to thecontrary, penalties for violations of the public service commission law orrelated commission regulations that are collected from a sewer or watercorporation that has been placed in receivership under the provisions ofthis section or for which the commission has appointed an interim receiverunder the provisions of this section may, upon the order of the court thatimposed the penalties, be used to support the operation of the subjectsmall sewer or water corporation while it is under the control of thereceiver.
Certain utility may be placed under control of receiver--commissiondetermination, procedure--appointment of receiver, bond.
393.145. 1. If, after hearing, the commission determines that anysewer or water corporation that regularly provides service to eightthousand or fewer customer connections is unable or unwilling to providesafe and adequate service, has been actually or effectively abandoned byits owners, or has defaulted on a bond, note or loan issued or guaranteedby any department, office, commission, board, authority or other unit ofstate government, the commission may petition the circuit court for anorder attaching the assets of the utility and placing the utility under thecontrol and responsibility of a receiver. The venue of such cases shall,at the option of the commission, be in the circuit court of Cole County orin the circuit court of the county in which the utility company has itsprincipal place of business.
2. If the commission orders its general counsel to petition thecircuit court for the appointment of a receiver under subsection 1 of thissection, it may in the same order appoint an interim receiver for the seweror water corporation. The interim receiver shall have the authoritygenerally granted to a receiver under subsection 6 of this section, exceptthat the commission cannot authorize the interim receiver to transfer bysale or liquidate the assets of the utility. The interim receiver shall becompensated in an amount to be determined by the commission. The interimreceiver shall serve until a judgment on a petition for writ of review ofthe commission's order, if any, is final and unappealable, and until thecircuit court thereafter determines under subsection 5 of this sectionwhether to grant the commission's petition for appointment of receiver.
3. When the commission files its petition for appointment of receiverin the circuit court, it shall attach to its petition an official copy ofits determination under subsection 1 of this section. The commission shallnot file such action until its determination under subsection 1 of thissection is final and unappealable.
4. The summons and petition for an order attaching the assets of theutility and appointing a receiver shall be served as in other civil casesat least five days before the return date of the summons. In addition toattempted personal service, upon request of the commission, the judgebefore whom the proceeding is commenced shall make an order directing thatthe officer or other person empowered to execute the summons shall alsoserve the same by securely affixing a copy of the summons and petition in aconspicuous place on the utility system in question at least ten daysbefore the return date of the summons, and by also mailing a copy of thesummons and petition to the defendant at its last known address by ordinarymail and by certified mail, return receipt requested, deliver to addresseeonly, at least ten days before the return date. If the officer or otherperson empowered to execute the summons makes return that personal servicecannot be obtained on the defendant, and if proof be made by affidavit ofthe posting and of the mailing of a copy of the summons and petition, thejudge shall, at the request of the commission, proceed to hear the case asif there had been personal service, and judgment shall be rendered andproceedings had as in other cases. If the commission does not requestservice of the original summons by posting and mailing, and if the officeror other person empowered to execute the summons makes return that personalservice cannot be obtained on the defendant, the commission may request theissuance of an alias summons and service of the same by posting and mailingin the time and manner provided in this subsection. Upon proof byaffidavit of the posting and of the mailing of a copy of the alias summonsand the petition, the judge shall proceed to hear the case as if there hadbeen personal service, and judgment shall be rendered and proceedings hadas in other cases.
5. The court, after hearing, may grant the commission's petition forappointment of a receiver. Where the defendant is in default, the courtshall mail to the defendant at its last known address by certified mailwith a request for return receipt and with directions to deliver to theaddressee only, a notice informing the defendant of the judgment and thedate it was entered. A receiver appointed pursuant to this section shallbe a responsible person, partnership, or corporation knowledgeable in theoperation of utilities.
6. The receiver shall give bond, and have the same powers and besubject to all the provisions, as far as they may be applicable, enjoinedupon a receiver appointed by virtue of the law providing for suits byattachment. The receiver shall operate the utility so as to preserve theassets of the utility and to serve the best interests of its customers.The receiver shall be compensated from the assets of the utility in anamount to be determined by the court with the assistance of the commissionstaff. Any receiver or interim receiver appointed under this section shallbe immune from personal liability for any civil damages arising from actsperformed in his or her official capacity for actions for which thereceiver or interim receiver would not otherwise be liable except for hisor her affiliation with the utility. This immunity shall not, however,apply to intentional conduct, wanton or willful conduct, or grossnegligence. Nothing in this subsection shall be construed to create orabolish an immunity in favor of the utility itself.
7. Control of and responsibility for the utility shall remain in thereceiver until the utility can, in the best interests of its customers, bereturned to the owners. However, if the commission or another interestedparty petitions and the court determines, after hearing, that control ofand responsibility for the utility should not, in the best interests of itscustomers, be returned to the owners, the court shall direct the receiverto transfer by sale or liquidate the assets of the utility in the mannerprovided by law.
8. The appointment of a receiver or an interim receiver shall be inaddition to any other remedies provided by law.
9. Notwithstanding the requirement of section 386.600, RSMo, to thecontrary, penalties for violations of the public service commission law orrelated commission regulations that are collected from a sewer or watercorporation that has been placed in receivership under the provisions ofthis section or for which the commission has appointed an interim receiverunder the provisions of this section may, upon the order of the court thatimposed the penalties, be used to support the operation of the subjectsmall sewer or water corporation while it is under the control of thereceiver.
Certain utility may be placed under control of receiver--commissiondetermination, procedure--appointment of receiver, bond.
393.145. 1. If, after hearing, the commission determines that anysewer or water corporation that regularly provides service to eightthousand or fewer customer connections is unable or unwilling to providesafe and adequate service, has been actually or effectively abandoned byits owners, or has defaulted on a bond, note or loan issued or guaranteedby any department, office, commission, board, authority or other unit ofstate government, the commission may petition the circuit court for anorder attaching the assets of the utility and placing the utility under thecontrol and responsibility of a receiver. The venue of such cases shall,at the option of the commission, be in the circuit court of Cole County orin the circuit court of the county in which the utility company has itsprincipal place of business.
2. If the commission orders its general counsel to petition thecircuit court for the appointment of a receiver under subsection 1 of thissection, it may in the same order appoint an interim receiver for the seweror water corporation. The interim receiver shall have the authoritygenerally granted to a receiver under subsection 6 of this section, exceptthat the commission cannot authorize the interim receiver to transfer bysale or liquidate the assets of the utility. The interim receiver shall becompensated in an amount to be determined by the commission. The interimreceiver shall serve until a judgment on a petition for writ of review ofthe commission's order, if any, is final and unappealable, and until thecircuit court thereafter determines under subsection 5 of this sectionwhether to grant the commission's petition for appointment of receiver.
3. When the commission files its petition for appointment of receiverin the circuit court, it shall attach to its petition an official copy ofits determination under subsection 1 of this section. The commission shallnot file such action until its determination under subsection 1 of thissection is final and unappealable.
4. The summons and petition for an order attaching the assets of theutility and appointing a receiver shall be served as in other civil casesat least five days before the return date of the summons. In addition toattempted personal service, upon request of the commission, the judgebefore whom the proceeding is commenced shall make an order directing thatthe officer or other person empowered to execute the summons shall alsoserve the same by securely affixing a copy of the summons and petition in aconspicuous place on the utility system in question at least ten daysbefore the return date of the summons, and by also mailing a copy of thesummons and petition to the defendant at its last known address by ordinarymail and by certified mail, return receipt requested, deliver to addresseeonly, at least ten days before the return date. If the officer or otherperson empowered to execute the summons makes return that personal servicecannot be obtained on the defendant, and if proof be made by affidavit ofthe posting and of the mailing of a copy of the summons and petition, thejudge shall, at the request of the commission, proceed to hear the case asif there had been personal service, and judgment shall be rendered andproceedings had as in other cases. If the commission does not requestservice of the original summons by posting and mailing, and if the officeror other person empowered to execute the summons makes return that personalservice cannot be obtained on the defendant, the commission may request theissuance of an alias summons and service of the same by posting and mailingin the time and manner provided in this subsection. Upon proof byaffidavit of the posting and of the mailing of a copy of the alias summonsand the petition, the judge shall proceed to hear the case as if there hadbeen personal service, and judgment shall be rendered and proceedings hadas in other cases.
5. The court, after hearing, may grant the commission's petition forappointment of a receiver. Where the defendant is in default, the courtshall mail to the defendant at its last known address by certified mailwith a request for return receipt and with directions to deliver to theaddressee only, a notice informing the defendant of the judgment and thedate it was entered. A receiver appointed pursuant to this section shallbe a responsible person, partnership, or corporation knowledgeable in theoperation of utilities.
6. The receiver shall give bond, and have the same powers and besubject to all the provisions, as far as they may be applicable, enjoinedupon a receiver appointed by virtue of the law providing for suits byattachment. The receiver shall operate the utility so as to preserve theassets of the utility and to serve the best interests of its customers.The receiver shall be compensated from the assets of the utility in anamount to be determined by the court with the assistance of the commissionstaff. Any receiver or interim receiver appointed under this section shallbe immune from personal liability for any civil damages arising from actsperformed in his or her official capacity for actions for which thereceiver or interim receiver would not otherwise be liable except for hisor her affiliation with the utility. This immunity shall not, however,apply to intentional conduct, wanton or willful conduct, or grossnegligence. Nothing in this subsection shall be construed to create orabolish an immunity in favor of the utility itself.
7. Control of and responsibility for the utility shall remain in thereceiver until the utility can, in the best interests of its customers, bereturned to the owners. However, if the commission or another interestedparty petitions and the court determines, after hearing, that control ofand responsibility for the utility should not, in the best interests of itscustomers, be returned to the owners, the court shall direct the receiverto transfer by sale or liquidate the assets of the utility in the mannerprovided by law.
8. The appointment of a receiver or an interim receiver shall be inaddition to any other remedies provided by law.
9. Notwithstanding the requirement of section 386.600, RSMo, to thecontrary, penalties for violations of the public service commission law orrelated commission regulations that are collected from a sewer or watercorporation that has been placed in receivership under the provisions ofthis section or for which the commission has appointed an interim receiverunder the provisions of this section may, upon the order of the court thatimposed the penalties, be used to support the operation of the subjectsmall sewer or water corporation while it is under the control of thereceiver.
