Powers of commission--purchase of private water utility servingoutside municipal limits, effect--successorship, continued andnew service authorized, when.
393.715. 1. The general powers of a commission to the extentprovided in section 393.710 to be exercised for the benefit of itscontracting members shall include the power to:
(1) Plan, develop, acquire, construct, reconstruct, operate, manage,dispose of, participate in, maintain, repair, extend or improve one or moreprojects, either exclusively or jointly or by participation with electriccooperative associations, municipally owned or public utilities or acquireany interest in or any rights to capacity of a project, within or outsidethe state, and act as an agent, or designate one or more other personsparticipating in a project to act as its agent, in connection with theplanning, acquisition, construction, operation, maintenance, repair,extension or improvement of such project;
(2) Acquire, sell, distribute and process fuels necessary to theproduction of electric power and energy; provided, however, the commissionshall not have the power or authority to erect, own, use or maintain atransmission line which is parallel or generally parallel to anothertransmission line in place within a distance of two miles, which serves thesame general area sought to be served by the commission unless the publicservice commission finds that it is not feasible to utilize thetransmission line which is in place;
(3) Acquire by purchase or lease, construct, install, and operatereservoirs, pipelines, wells, check dams, pumping stations, waterpurification plants, and other facilities for the production, wholesaledistribution, and utilization of water and to own and hold such real andpersonal property as may be necessary to carry out the purposes of itsorganization; provided, however, that a commission shall not sell ordistribute water, at retail or wholesale, within the certificated area of awater corporation which is subject to the jurisdiction of the publicservice commission unless the sale or distribution of water is within theboundaries of a public water supply district or municipality which is acontracting municipality in the commission and the commission has obtainedthe approval of the public service commission prior to commencing such saidsale or distribution of water;
(4) Acquire by purchase or lease, construct, install, and operatelagoons, pipelines, wells, pumping stations, sewage treatment plants andother facilities for the treatment and transportation of sewage and to ownand hold such real and personal property as may be necessary to carry outthe purposes of its organization;
(5) Enter into operating, franchises, exchange, interchange, pooling,wheeling, transmission and other similar agreements with any person;
(6) Make and execute contracts and other instruments necessary orconvenient to the exercise of the powers of the commission;
(7) Employ agents and employees;
(8) Contract with any person, within or outside the state, for theconstruction of any project or for any interest therein or any right tocapacity thereof, without advertising for bids, preparing final plans andspecifications in advance of construction, or securing performance andpayment of bonds, except to the extent and on such terms as its board ofdirectors or executive committee shall determine. Any contract enteredinto pursuant to this subdivision shall contain a provision that therequirements of sections 290.210 to 290.340, RSMo, shall apply;
(9) Purchase, sell, exchange, transmit, treat, dispose or distributewater, sewage, gas, heat or electric power and energy, or any by-productresulting therefrom, within and outside the state, in such amounts as itshall determine to be necessary and appropriate to make the most effectiveuse of its powers and to meet its responsibilities, and to enter intoagreements with any person with respect to such purchase, sale, exchange,treatment, disposal or transmission, on such terms and for such period oftime as its board of directors or executive committee shall determine. Acommission may not sell or distribute water, gas, heat or power and energy,or sell sewage service at retail to ultimate customers outside the boundarylimits of its contracting municipalities except pursuant to subsection 2 or3 of this section;
(10) Acquire, own, hold, use, lease, as lessor or lessee, sell orotherwise dispose of, mortgage, pledge, or grant a security interest in anyreal or personal property, commodity or service or interest therein;
(11) Exercise the powers of eminent domain for public use as providedin chapter 523, RSMo, except that the power of eminent domain shall not beexercised against any electric cooperative association, municipally ownedor public utility;
(12) Incur debts, liabilities or obligations including the issuanceof bonds pursuant to the authority granted in section 27 of article VI ofthe Missouri Constitution;
(13) Sue and be sued in its own name;
(14) Have and use a corporate seal;
(15) Fix, maintain and revise fees, rates, rents and charges forfunctions, services, facilities or commodities provided by the commission.The powers enumerated in this subdivision shall constitute the power to taxfor purposes of article X, section 15 of the Missouri Constitution;
(16) Make, and from time to time, amend and repeal bylaws, rules andregulations not inconsistent with this section to carry into effect thepowers and purposes of the commission;
(17) Notwithstanding the provisions of any other law, invest anyfunds held in reserve or sinking funds, or any funds not required forimmediate disbursement, including the proceeds from the sale of any bonds,in such obligations, securities and other investments as the commissiondeems proper;
(18) Join organizations, membership in which is deemed by the boardof directors or its executive committee to be beneficial to accomplishmentof the commission's purposes;
(19) Exercise any other powers which are deemed necessary andconvenient by the commission to effectuate the purposes of the commission;and
(20) Do and perform any acts and things authorized by this sectionunder, through or by means of an agent or by contracts with any person.
2. When a municipality purchases a privately owned water utility anda commission is created pursuant to sections 393.700 to 393.770, thecommission may continue to serve those locations previously receiving waterfrom the private utility even though the location receives such serviceoutside the geographical area of the municipalities forming the commission.New water service may be provided in such areas if the site to receive suchservice is located within one-fourth of a mile from a site serviced by theprivately owned water utility.
3. When a commission created by any of the contracting entitieslisted in subdivision (4) of section 393.705 becomes a successor to anynonprofit water corporation, nonprofit sewer corporation or other nonprofitagency or entity organized to provide water or sewer service, thecommission may continue to serve, as well as provide new service to, thoselocations and areas previously receiving water or sewer service from suchnonprofit entity, regardless of whether or not such location receives suchservice outside the geographical service area of the contracting entitiesforming such commission; provided that such locations and areas previouslyreceiving water and sewer service from such nonprofit entity are notlocated within:
(1) Any county of the first classification with a population of morethan six hundred thousand and less than nine hundred thousand;
(2) The boundaries of any sewer district established pursuant toarticle VI, section 30(a) of the Missouri Constitution; or
(3) The certificated area of a water or sewer corporation that issubject to the jurisdiction of the public service commission.
Powers of commission--purchase of private water utility servingoutside municipal limits, effect--successorship, continued andnew service authorized, when.
393.715. 1. The general powers of a commission to the extentprovided in section 393.710 to be exercised for the benefit of itscontracting members shall include the power to:
(1) Plan, develop, acquire, construct, reconstruct, operate, manage,dispose of, participate in, maintain, repair, extend or improve one or moreprojects, either exclusively or jointly or by participation with electriccooperative associations, municipally owned or public utilities or acquireany interest in or any rights to capacity of a project, within or outsidethe state, and act as an agent, or designate one or more other personsparticipating in a project to act as its agent, in connection with theplanning, acquisition, construction, operation, maintenance, repair,extension or improvement of such project;
(2) Acquire, sell, distribute and process fuels necessary to theproduction of electric power and energy; provided, however, the commissionshall not have the power or authority to erect, own, use or maintain atransmission line which is parallel or generally parallel to anothertransmission line in place within a distance of two miles, which serves thesame general area sought to be served by the commission unless the publicservice commission finds that it is not feasible to utilize thetransmission line which is in place;
(3) Acquire by purchase or lease, construct, install, and operatereservoirs, pipelines, wells, check dams, pumping stations, waterpurification plants, and other facilities for the production, wholesaledistribution, and utilization of water and to own and hold such real andpersonal property as may be necessary to carry out the purposes of itsorganization; provided, however, that a commission shall not sell ordistribute water, at retail or wholesale, within the certificated area of awater corporation which is subject to the jurisdiction of the publicservice commission unless the sale or distribution of water is within theboundaries of a public water supply district or municipality which is acontracting municipality in the commission and the commission has obtainedthe approval of the public service commission prior to commencing such saidsale or distribution of water;
(4) Acquire by purchase or lease, construct, install, and operatelagoons, pipelines, wells, pumping stations, sewage treatment plants andother facilities for the treatment and transportation of sewage and to ownand hold such real and personal property as may be necessary to carry outthe purposes of its organization;
(5) Enter into operating, franchises, exchange, interchange, pooling,wheeling, transmission and other similar agreements with any person;
(6) Make and execute contracts and other instruments necessary orconvenient to the exercise of the powers of the commission;
(7) Employ agents and employees;
(8) Contract with any person, within or outside the state, for theconstruction of any project or for any interest therein or any right tocapacity thereof, without advertising for bids, preparing final plans andspecifications in advance of construction, or securing performance andpayment of bonds, except to the extent and on such terms as its board ofdirectors or executive committee shall determine. Any contract enteredinto pursuant to this subdivision shall contain a provision that therequirements of sections 290.210 to 290.340, RSMo, shall apply;
(9) Purchase, sell, exchange, transmit, treat, dispose or distributewater, sewage, gas, heat or electric power and energy, or any by-productresulting therefrom, within and outside the state, in such amounts as itshall determine to be necessary and appropriate to make the most effectiveuse of its powers and to meet its responsibilities, and to enter intoagreements with any person with respect to such purchase, sale, exchange,treatment, disposal or transmission, on such terms and for such period oftime as its board of directors or executive committee shall determine. Acommission may not sell or distribute water, gas, heat or power and energy,or sell sewage service at retail to ultimate customers outside the boundarylimits of its contracting municipalities except pursuant to subsection 2 or3 of this section;
(10) Acquire, own, hold, use, lease, as lessor or lessee, sell orotherwise dispose of, mortgage, pledge, or grant a security interest in anyreal or personal property, commodity or service or interest therein;
(11) Exercise the powers of eminent domain for public use as providedin chapter 523, RSMo, except that the power of eminent domain shall not beexercised against any electric cooperative association, municipally ownedor public utility;
(12) Incur debts, liabilities or obligations including the issuanceof bonds pursuant to the authority granted in section 27 of article VI ofthe Missouri Constitution;
(13) Sue and be sued in its own name;
(14) Have and use a corporate seal;
(15) Fix, maintain and revise fees, rates, rents and charges forfunctions, services, facilities or commodities provided by the commission.The powers enumerated in this subdivision shall constitute the power to taxfor purposes of article X, section 15 of the Missouri Constitution;
(16) Make, and from time to time, amend and repeal bylaws, rules andregulations not inconsistent with this section to carry into effect thepowers and purposes of the commission;
(17) Notwithstanding the provisions of any other law, invest anyfunds held in reserve or sinking funds, or any funds not required forimmediate disbursement, including the proceeds from the sale of any bonds,in such obligations, securities and other investments as the commissiondeems proper;
(18) Join organizations, membership in which is deemed by the boardof directors or its executive committee to be beneficial to accomplishmentof the commission's purposes;
(19) Exercise any other powers which are deemed necessary andconvenient by the commission to effectuate the purposes of the commission;and
(20) Do and perform any acts and things authorized by this sectionunder, through or by means of an agent or by contracts with any person.
2. When a municipality purchases a privately owned water utility anda commission is created pursuant to sections 393.700 to 393.770, thecommission may continue to serve those locations previously receiving waterfrom the private utility even though the location receives such serviceoutside the geographical area of the municipalities forming the commission.New water service may be provided in such areas if the site to receive suchservice is located within one-fourth of a mile from a site serviced by theprivately owned water utility.
3. When a commission created by any of the contracting entitieslisted in subdivision (4) of section 393.705 becomes a successor to anynonprofit water corporation, nonprofit sewer corporation or other nonprofitagency or entity organized to provide water or sewer service, thecommission may continue to serve, as well as provide new service to, thoselocations and areas previously receiving water or sewer service from suchnonprofit entity, regardless of whether or not such location receives suchservice outside the geographical service area of the contracting entitiesforming such commission; provided that such locations and areas previouslyreceiving water and sewer service from such nonprofit entity are notlocated within:
(1) Any county of the first classification with a population of morethan six hundred thousand and less than nine hundred thousand;
(2) The boundaries of any sewer district established pursuant toarticle VI, section 30(a) of the Missouri Constitution; or
(3) The certificated area of a water or sewer corporation that issubject to the jurisdiction of the public service commission.
Powers of commission--purchase of private water utility servingoutside municipal limits, effect--successorship, continued andnew service authorized, when.
393.715. 1. The general powers of a commission to the extentprovided in section 393.710 to be exercised for the benefit of itscontracting members shall include the power to:
(1) Plan, develop, acquire, construct, reconstruct, operate, manage,dispose of, participate in, maintain, repair, extend or improve one or moreprojects, either exclusively or jointly or by participation with electriccooperative associations, municipally owned or public utilities or acquireany interest in or any rights to capacity of a project, within or outsidethe state, and act as an agent, or designate one or more other personsparticipating in a project to act as its agent, in connection with theplanning, acquisition, construction, operation, maintenance, repair,extension or improvement of such project;
(2) Acquire, sell, distribute and process fuels necessary to theproduction of electric power and energy; provided, however, the commissionshall not have the power or authority to erect, own, use or maintain atransmission line which is parallel or generally parallel to anothertransmission line in place within a distance of two miles, which serves thesame general area sought to be served by the commission unless the publicservice commission finds that it is not feasible to utilize thetransmission line which is in place;
(3) Acquire by purchase or lease, construct, install, and operatereservoirs, pipelines, wells, check dams, pumping stations, waterpurification plants, and other facilities for the production, wholesaledistribution, and utilization of water and to own and hold such real andpersonal property as may be necessary to carry out the purposes of itsorganization; provided, however, that a commission shall not sell ordistribute water, at retail or wholesale, within the certificated area of awater corporation which is subject to the jurisdiction of the publicservice commission unless the sale or distribution of water is within theboundaries of a public water supply district or municipality which is acontracting municipality in the commission and the commission has obtainedthe approval of the public service commission prior to commencing such saidsale or distribution of water;
(4) Acquire by purchase or lease, construct, install, and operatelagoons, pipelines, wells, pumping stations, sewage treatment plants andother facilities for the treatment and transportation of sewage and to ownand hold such real and personal property as may be necessary to carry outthe purposes of its organization;
(5) Enter into operating, franchises, exchange, interchange, pooling,wheeling, transmission and other similar agreements with any person;
(6) Make and execute contracts and other instruments necessary orconvenient to the exercise of the powers of the commission;
(7) Employ agents and employees;
(8) Contract with any person, within or outside the state, for theconstruction of any project or for any interest therein or any right tocapacity thereof, without advertising for bids, preparing final plans andspecifications in advance of construction, or securing performance andpayment of bonds, except to the extent and on such terms as its board ofdirectors or executive committee shall determine. Any contract enteredinto pursuant to this subdivision shall contain a provision that therequirements of sections 290.210 to 290.340, RSMo, shall apply;
(9) Purchase, sell, exchange, transmit, treat, dispose or distributewater, sewage, gas, heat or electric power and energy, or any by-productresulting therefrom, within and outside the state, in such amounts as itshall determine to be necessary and appropriate to make the most effectiveuse of its powers and to meet its responsibilities, and to enter intoagreements with any person with respect to such purchase, sale, exchange,treatment, disposal or transmission, on such terms and for such period oftime as its board of directors or executive committee shall determine. Acommission may not sell or distribute water, gas, heat or power and energy,or sell sewage service at retail to ultimate customers outside the boundarylimits of its contracting municipalities except pursuant to subsection 2 or3 of this section;
(10) Acquire, own, hold, use, lease, as lessor or lessee, sell orotherwise dispose of, mortgage, pledge, or grant a security interest in anyreal or personal property, commodity or service or interest therein;
(11) Exercise the powers of eminent domain for public use as providedin chapter 523, RSMo, except that the power of eminent domain shall not beexercised against any electric cooperative association, municipally ownedor public utility;
(12) Incur debts, liabilities or obligations including the issuanceof bonds pursuant to the authority granted in section 27 of article VI ofthe Missouri Constitution;
(13) Sue and be sued in its own name;
(14) Have and use a corporate seal;
(15) Fix, maintain and revise fees, rates, rents and charges forfunctions, services, facilities or commodities provided by the commission.The powers enumerated in this subdivision shall constitute the power to taxfor purposes of article X, section 15 of the Missouri Constitution;
(16) Make, and from time to time, amend and repeal bylaws, rules andregulations not inconsistent with this section to carry into effect thepowers and purposes of the commission;
(17) Notwithstanding the provisions of any other law, invest anyfunds held in reserve or sinking funds, or any funds not required forimmediate disbursement, including the proceeds from the sale of any bonds,in such obligations, securities and other investments as the commissiondeems proper;
(18) Join organizations, membership in which is deemed by the boardof directors or its executive committee to be beneficial to accomplishmentof the commission's purposes;
(19) Exercise any other powers which are deemed necessary andconvenient by the commission to effectuate the purposes of the commission;and
(20) Do and perform any acts and things authorized by this sectionunder, through or by means of an agent or by contracts with any person.
2. When a municipality purchases a privately owned water utility anda commission is created pursuant to sections 393.700 to 393.770, thecommission may continue to serve those locations previously receiving waterfrom the private utility even though the location receives such serviceoutside the geographical area of the municipalities forming the commission.New water service may be provided in such areas if the site to receive suchservice is located within one-fourth of a mile from a site serviced by theprivately owned water utility.
3. When a commission created by any of the contracting entitieslisted in subdivision (4) of section 393.705 becomes a successor to anynonprofit water corporation, nonprofit sewer corporation or other nonprofitagency or entity organized to provide water or sewer service, thecommission may continue to serve, as well as provide new service to, thoselocations and areas previously receiving water or sewer service from suchnonprofit entity, regardless of whether or not such location receives suchservice outside the geographical service area of the contracting entitiesforming such commission; provided that such locations and areas previouslyreceiving water and sewer service from such nonprofit entity are notlocated within:
(1) Any county of the first classification with a population of morethan six hundred thousand and less than nine hundred thousand;
(2) The boundaries of any sewer district established pursuant toarticle VI, section 30(a) of the Missouri Constitution; or
(3) The certificated area of a water or sewer corporation that issubject to the jurisdiction of the public service commission.
