Municipalities, public water supply districts and sewer districts mayform commission--purposes--contents of contract--board ofdirectors.
393.710. 1. Municipalities, joint municipal utility commissions,public water supply districts, and sewer districts may, by joint contract,establish a governmental entity to be known as a joint municipal utilitycommission, to effect the joint development of a project or projects inwhole or in part for the benefit of the inhabitants of such municipalities,public water supply districts and sewer districts.
2. Any joint contract establishing a commission under this sectionshall specify:
(1) The name and purpose of the commission and the functions orservices to be provided by the commission;
(2) The establishment and organization of a governing body of acommission which shall be a board of directors in which all powers of thecommission are vested. The joint contract may provide for the creation bythe board of an executive committee of the board to which the powers andduties of the board may be delegated as the board or state statute shallspecify;
(3) The number of directors, the manner of their appointment, termsof office and compensation, if any, and the procedure for filling vacancieson the board. Each contracting municipality, public water supply district,and sewer district shall have the power to appoint one member and analternate to the board of directors and shall be entitled to remove thatmember and alternate at will;
(4) The manner of selection of the officers of the commission andtheir duties;
(5) The voting requirements for action by the board, but, unlessspecifically provided otherwise, a majority of directors shall constitute aquorum and a majority of the quorum shall be necessary for any action takenby the board;
(6) The duties of the board which shall include the obligation tocomply or to cause compliance with this section and the laws of the stateand, in addition, with each and every term, provision and covenant in thejoint contract creating the commission on its part to be kept or performed;
(7) The manner in which additional municipalities, public watersupply districts, and sewer districts may become parties to the jointcontract;
(8) The manner of financing the commission and of establishing andmaintaining a budget and annual audit for the commission;
(9) The ownership interests of the contracting municipality electriccooperative associations, municipally owned or public utilities in aproject or the manner of determining such ownership interest, whichownership interest shall be subject to any mortgage of a project pursuantto section 393.735;
(10) Provisions for the disposition, division or distribution of anyproperty or assets of the commission on dissolution; and
(11) The term of the joint contract, which may be a definite periodor until rescinded or terminated, and the method, if any, by which thejoint contract may be rescinded or terminated so long as the commission hasno bonds outstanding, unless provision for full payment of such bonds, byescrow or otherwise, has been made pursuant to the terms of the bonds orthe resolution, trust indenture or security instrument securing the bonds.
3. A commission shall, if the joint contract so provides, be thesuccessor to any nonprofit corporation, agency, or another entitytheretofore organized by the contracting municipalities to provide the samefunction, service or facility, and the commission shall be entitled to allrights and privileges and shall assume all obligations and liabilities ofsuch other entity under existing contracts to which such other entity is aparty.
Municipalities, public water supply districts and sewer districts mayform commission--purposes--contents of contract--board ofdirectors.
393.710. 1. Municipalities, joint municipal utility commissions,public water supply districts, and sewer districts may, by joint contract,establish a governmental entity to be known as a joint municipal utilitycommission, to effect the joint development of a project or projects inwhole or in part for the benefit of the inhabitants of such municipalities,public water supply districts and sewer districts.
2. Any joint contract establishing a commission under this sectionshall specify:
(1) The name and purpose of the commission and the functions orservices to be provided by the commission;
(2) The establishment and organization of a governing body of acommission which shall be a board of directors in which all powers of thecommission are vested. The joint contract may provide for the creation bythe board of an executive committee of the board to which the powers andduties of the board may be delegated as the board or state statute shallspecify;
(3) The number of directors, the manner of their appointment, termsof office and compensation, if any, and the procedure for filling vacancieson the board. Each contracting municipality, public water supply district,and sewer district shall have the power to appoint one member and analternate to the board of directors and shall be entitled to remove thatmember and alternate at will;
(4) The manner of selection of the officers of the commission andtheir duties;
(5) The voting requirements for action by the board, but, unlessspecifically provided otherwise, a majority of directors shall constitute aquorum and a majority of the quorum shall be necessary for any action takenby the board;
(6) The duties of the board which shall include the obligation tocomply or to cause compliance with this section and the laws of the stateand, in addition, with each and every term, provision and covenant in thejoint contract creating the commission on its part to be kept or performed;
(7) The manner in which additional municipalities, public watersupply districts, and sewer districts may become parties to the jointcontract;
(8) The manner of financing the commission and of establishing andmaintaining a budget and annual audit for the commission;
(9) The ownership interests of the contracting municipality electriccooperative associations, municipally owned or public utilities in aproject or the manner of determining such ownership interest, whichownership interest shall be subject to any mortgage of a project pursuantto section 393.735;
(10) Provisions for the disposition, division or distribution of anyproperty or assets of the commission on dissolution; and
(11) The term of the joint contract, which may be a definite periodor until rescinded or terminated, and the method, if any, by which thejoint contract may be rescinded or terminated so long as the commission hasno bonds outstanding, unless provision for full payment of such bonds, byescrow or otherwise, has been made pursuant to the terms of the bonds orthe resolution, trust indenture or security instrument securing the bonds.
3. A commission shall, if the joint contract so provides, be thesuccessor to any nonprofit corporation, agency, or another entitytheretofore organized by the contracting municipalities to provide the samefunction, service or facility, and the commission shall be entitled to allrights and privileges and shall assume all obligations and liabilities ofsuch other entity under existing contracts to which such other entity is aparty.
Municipalities, public water supply districts and sewer districts mayform commission--purposes--contents of contract--board ofdirectors.
393.710. 1. Municipalities, joint municipal utility commissions,public water supply districts, and sewer districts may, by joint contract,establish a governmental entity to be known as a joint municipal utilitycommission, to effect the joint development of a project or projects inwhole or in part for the benefit of the inhabitants of such municipalities,public water supply districts and sewer districts.
2. Any joint contract establishing a commission under this sectionshall specify:
(1) The name and purpose of the commission and the functions orservices to be provided by the commission;
(2) The establishment and organization of a governing body of acommission which shall be a board of directors in which all powers of thecommission are vested. The joint contract may provide for the creation bythe board of an executive committee of the board to which the powers andduties of the board may be delegated as the board or state statute shallspecify;
(3) The number of directors, the manner of their appointment, termsof office and compensation, if any, and the procedure for filling vacancieson the board. Each contracting municipality, public water supply district,and sewer district shall have the power to appoint one member and analternate to the board of directors and shall be entitled to remove thatmember and alternate at will;
(4) The manner of selection of the officers of the commission andtheir duties;
(5) The voting requirements for action by the board, but, unlessspecifically provided otherwise, a majority of directors shall constitute aquorum and a majority of the quorum shall be necessary for any action takenby the board;
(6) The duties of the board which shall include the obligation tocomply or to cause compliance with this section and the laws of the stateand, in addition, with each and every term, provision and covenant in thejoint contract creating the commission on its part to be kept or performed;
(7) The manner in which additional municipalities, public watersupply districts, and sewer districts may become parties to the jointcontract;
(8) The manner of financing the commission and of establishing andmaintaining a budget and annual audit for the commission;
(9) The ownership interests of the contracting municipality electriccooperative associations, municipally owned or public utilities in aproject or the manner of determining such ownership interest, whichownership interest shall be subject to any mortgage of a project pursuantto section 393.735;
(10) Provisions for the disposition, division or distribution of anyproperty or assets of the commission on dissolution; and
(11) The term of the joint contract, which may be a definite periodor until rescinded or terminated, and the method, if any, by which thejoint contract may be rescinded or terminated so long as the commission hasno bonds outstanding, unless provision for full payment of such bonds, byescrow or otherwise, has been made pursuant to the terms of the bonds orthe resolution, trust indenture or security instrument securing the bonds.
3. A commission shall, if the joint contract so provides, be thesuccessor to any nonprofit corporation, agency, or another entitytheretofore organized by the contracting municipalities to provide the samefunction, service or facility, and the commission shall be entitled to allrights and privileges and shall assume all obligations and liabilities ofsuch other entity under existing contracts to which such other entity is aparty.
