Missouri Statute | Act | Code |Cities, Towns And Villages| US Code - US Statute

The city council of any city, town or village in this state shall
have power to erect, maintain and operate waterworks, or to acquire
waterworks by purchase and to operate and maintain the same, and to
supply the inhabitants thereof with water; to erect, purchase, acquire,
maintain and operate gas and power plants, electric light plants, ice
plants or any other kind of plant or device for lighting purposes, or to
acquire and own the same by purchase and to maintain and operate such
plants and to supply the inhabitants of such cities, towns and villages
with water, light, ice and power therefrom. (RSMo 1939 § 7786)

Prior revisions: 1929 § 7641; 1919 § 9079; 1909 § 9904

Any city in this state, which owns and operates any electric
light or power plant, may, and is hereby authorized and empowered to,
supply electric current from its light or power plant to other municipal
corporations for their use and the use of their inhabitants, and also to
persons and private corporations for use beyond the corporate limits of
such city, and to enter into contracts therefor for such time and upon
such terms and under such rules and regulations as may be agreed upon by
the contracting parties. (RSMo 1939 § 7787)

Prior revisions: 1929 § 7642; 1919 § 9080

(1974) Reaffirms Taylor v. Dimmitt, 78 S.W.2d 841, and holds city has no
authority to maintain and operate power lines to service consumers
outside its corporate boundary. Missouri Public Service Co. v. City of
Trenton (A.), 509 S.W.2d 770.

1. As used in this section, the following terms mean:

(1) "Municipally owned or operated electric power system", a system for
the distribution of electrical power and energy to the inhabitants of a
municipality which is owned and operated by the municipality itself,
whether operated under authority pursuant to this chapter or under a
charter form of government;

(2) "Permanent service", electrical service provided through facilities
which have been permanently installed on a structure and which are
designed to provide electric service for the structure's anticipated
needs for the indefinite future, as contrasted with facilities installed
temporarily to provide electrical service during construction. Service
provided temporarily shall be at the risk of the electrical supplier and
shall not be determinative of the rights of the provider or recipient of
permanent service;

(3) "Structure" or "structures", an agricultural, residential,
commercial, industrial or other building or a mechanical installation,
machinery or apparatus at which retail electric energy is being delivered
through a metering device which is located on or adjacent to the
structure and connected to the lines of an electrical corporation, rural
electric cooperative, municipally owned or operated electric power
system, or joint municipal utility commission. Such terms shall include
any contiguous or adjacent additions to or expansions of a particular
structure. Nothing in this section shall be construed to confer any right
on an electric supplier to serve new structures on a particular tract of
land because it was serving an existing structure on that tract.

2. Once a municipally owned or operated electrical system, or its
predecessor in interest, lawfully commences supplying retail electric
energy to a structure through permanent service facilities, it shall have
the right to continue serving such structure, and other suppliers of
electrical energy shall not have the right to provide service to the
structure except as might be otherwise permitted in the context of
municipal annexation, pursuant to section 386.800, RSMo, or pursuant to a
territorial agreement approved under section 394.312, RSMo. The public
service commission, upon application made by a customer, may order a
change of suppliers on the basis that it is in the public interest for a
reason other than a rate differential, and the commission is hereby given
jurisdiction over municipally owned or operated electric systems to
accomplish the purpose of this section. The commission's jurisdiction
under this section is limited to public interest determinations and
excludes questions as to the lawfulness of the provision of service, such
questions being reserved to courts of competent jurisdiction. Except as
provided in this section, nothing in this section shall be construed as
otherwise conferring upon the commission jurisdiction over the service,
rates, financing, accounting or management of any such municipally owned
or operated electrical system, and nothing in this section, section
393.106, RSMo, and section 394.315, RSMo, shall affect the rights,
privileges or duties of any municipality to form or operate municipally
owned or operated electrical systems. Nothing in this section shall be
construed to make lawful any provision of service which was unlawful
prior to July 11, 1991. Nothing in this section shall be construed to
make unlawful the continued lawful provision of service to any structure
which may have had a different supplier in the past, if such a change in
supplier was lawful at the time it occurred. (L. 1991 S.B. 221)

Effective 7-11-91

1. As used in this section, the following terms mean:

(1) "Aluminum smelting facility", a facility whose primary industry is
the smelting of aluminum and primary metals, Standard Industrial
Classification Code 3334, is located in a county of the second
classification, which has used over three million megawatt hours of
electricity during a calendar year, and has had electrical service
provided to said facility in the past, in part or whole, by a municipally
owned utility and, in part or whole, by an electric generating
cooperative owned by rural electric cooperatives;

(2) "Commission", the Missouri public service commission;

(3) "Delivery services", transmission, distribution, or metering of
electric power and energy or services ancillary thereto or related
services;

(4) "Local electric service utility", an electrical corporation engaged
in the furnishing of local electric service to consumers under a
certificate of convenience and necessity issued by the commission, any
municipal electric distribution system or electric cooperative;

(5) "Municipally owned utility", a utility as defined in subdivision (1)
of subsection 1 of section 91.025.

2. Notwithstanding any provisions of law to the contrary, any aluminum
smelting facility shall have the right to purchase and contract to
purchase electric power and energy and delivery services from any
provider, wherever found or located, at whatever rates or charges as
contracted for, and such periods or times as is needed or necessary or
convenient for the operation of such aluminum smelting facility and for
no other purpose, notwithstanding any past circumstances of supply. Any
aluminum smelting facility purchasing or contracting to purchase electric
power and energy pursuant to this section shall not resell such electric
power and energy to any party except the original providers of such
electric power and energy.

3. Notwithstanding the provisions of section 91.025, section 393.106,
RSMo, and section 394.315, RSMo, to the contrary, any provider of such
electric power and energy and delivery services, whether or not otherwise
under Missouri regulatory jurisdiction, shall have the right to transact
for and sell electric power and energy and delivery services to an
aluminum smelting facility. Any transactions or contracts pursuant to
this section for electric power and energy and delivery services shall
not be subject to the jurisdiction of the commission with regard to the
determination of rates.

4. When current electric power and energy is being supplied in part or in
whole by a municipally owned utility and in part or whole by an electric
generating cooperative owned by rural electric cooperatives and not under
any contract authorized pursuant to this section, a replacement contract
pursuant to the provisions of subsections 2 and 3 of this section shall
provide for all of the electric power and energy and delivery services
requirements of the aluminum smelter and shall meet the following
criteria:

(1) The aluminum smelting facility's change of supplier shall have no
negative financial impact on any past supplier or suppliers or to other
electricity customers of such supplier or suppliers;

(2) The supply arrangements made by the aluminum smelting facility when
operated in coordination with the local electric infrastructure shall not
reduce the reliability of service to other customers or the safety of any
person;

(3) The aluminum smelting facility's change of electric supplier shall
not cause a reduction in tax revenue to the state of Missouri or any
political subdivision;

(4) No billing or metering functions of any municipally owned utility
will be changed or affected as a result of a change of electric supplier
by such aluminum smelting facility.

5. No local electric service utility provider of electric power and
energy or delivery services shall have any obligation to supply or
deliver backup, peaking or emergency power to an aluminum smelting
facility exercising its rights under this section, nor liability for
inability or failure to provide such power, except as may be established
by written contract.

6. Once an aluminum smelting facility has purchased electric power
pursuant to its rights pursuant to this section, no past supplier of
energy and related services shall have any obligation to provide electric
power and energy and delivery services to such aluminum smelting facility
except as may be established by written contract.

7. The provisions of this section recognize highly unique circumstances
of aluminum smelting facilities and are not to be interpreted as
condoning or conceding the suitability of retail electric restructuring
for any customer or class of customers in the state of Missouri. (L. 2003
H.B. 208 merged with S.B. 555)

Effective 5-22-03 (S.B. 555) 7-09-03 (H.B. 208)

Any city, town or village in this state, having authority to
maintain and operate an electric light and power plant, may procure
electric current and ancillary services for that purpose from any other
city, owning and operating such plant, or other lawful supplier and to
that end may enter into a contract therefor with such city or other
supplier having such plant for such period and upon such terms as may be
agreed by the contracting parties solely on the approval by the governing
board or council of such municipality owned or operated electric power
system or by its duly authorized representative without further
regulatory or public approval, notwithstanding any provisions of law to
the contrary. (RSMo 1939 § 7788, A.L. 2003 H.B. 208 merged with S.B. 555)

Prior revisions: 1929 § 7643; 1919 § 9081

Effective 5-22-03 (S.B. 555) 7-9-03 (H.B. 208)

Any city, town or village, which any city of this state, having
an electric light or power plant, may agree to supply with electric
current under the provisions of sections 91.020 and 91.030, is hereby
authorized and empowered to conduct said current from the city, agreeing
to supply the same, and for that purpose to erect poles, piers,
abutments, wires and other fixtures along, across or under any of the
public roads, streets and water in such a manner as not to incommode or
endanger the public in the use of said public roads, streets and waters,
and to put in and maintain and operate all apparatus and devices
necessary for and in conducting said current from the city agreeing to
supply the same into its own limits in, upon, over and through any
territory of this state outside, as well as within, the limits of said
city, town or village. (RSMo 1939 § 7789)

Prior revisions: 1929 § 7644; 1919 § 9082

Any city in this state which owns and operates a system of
waterworks may, and is hereby authorized and empowered to, supply water
from its waterworks to other municipal corporations for their use and the
use of their inhabitants, and also to persons and private corporations
for use beyond the corporate limits of such city, and to enter into
contracts therefor, for such time, upon such terms and under such rules
and regulations as may be agreed upon by the contracting parties. (RSMo
1939 § 7790)

Prior revisions: 1929 § 7645; 1919 § 9083; 1909 § 9905

(1989) Provision of water to nonresidents is permissive, not mandatory,
and is generally subject to contractual agreement between the city and
nonresident. City's requirement that residents of unincorporated portion
of county sign a petition for voluntary annexation in order to have
access to city's water and sewer systems is entirely consistent with this
statute. Blackwell v. City of St. Charles (E.D.Mo.) 726 F.Supp. 256.

Other provisions of law to the contrary notwithstanding, in any
first class county with a charter form of government and a population
greater than six hundred thousand and less than nine hundred thousand
persons, any person who, on June 29, 1999, is a water service customer of
any municipality located in whole or in part in such county may continue
to receive water service from such municipality even in the event that a
public water supply district shall claim the exclusive right to provide
water service to such person. (L. 1999 H.B. 450)

Effective 6-29-99

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

Any city, town or village in this state having authority to
maintain and operate waterworks may procure water for that purpose from
any other city having a system of waterworks, and to that end may enter
into a contract therefor with such city having a system of waterworks;
and any city of this state having a waterworks system is hereby
authorized and empowered whenever it deems it expedient to supply any
other city, town or village of this state in its vicinity with water from
its waterworks for such time and upon such terms and under such rules and
regulations as it may deem proper. (RSMo 1939 § 7791)

Prior revisions: 1929 § 7646; 1919 § 9084; 1909 § 9906

Any city, town or village, which any city of this state having
waterworks may agree to supply with water under the provisions of section
91.060, is hereby authorized and empowered to conduct the water from the
city agreeing to supply the same, and for that purpose to lay mains and
pipes and to put in, maintain and operate all necessary machinery,
apparatus and devices necessary for and in the conducting of the water
from the city agreeing to supply the same into its own limits in, upon,
over and through any territory of this state, outside as well as within
the limits of any such city, town or village, and to connect with the
mains of such city agreeing to supply it with water, with the consent of
such city supplying the same, and at such place or places and in such
manner as such city supplying the water may permit and direct. (RSMo 1939
§ 7792)

Prior revisions: 1929 § 7647; 1919 § 9085; 1909 § 9907

Every such city, town or village to be supplied with water as
herein provided shall have the right to acquire, by purchase, donation or
condemnation, the right-of-way to and from the city agreeing to supply it
with water, and all lands and easements, and all rights-of-way, either
above or below ground, it may require for the purposes of laying its
mains and pipes and putting in, maintaining and operating all necessary
machinery, apparatus and devices for conducting the water into its own
limits; and all condemnation proceedings under sections 91.060 to 91.080
shall be had according to and under the provisions of sections 393.030 to
393.100, RSMo, which are made applicable to condemnation proceedings
under sections 91.060 to 91.080. (RSMo 1939 § 7793, A. 1949 H.B. 2039)

Prior revisions: 1929 § 7648; 1919 § 9086; 1909 § 9908

The city council of any city of the third or fourth class in this
state, or any city operating under a special charter, having three
thousand inhabitants or more and less than one hundred and fifty thousand
inhabitants shall have the power to erect, maintain and operate
waterworks or to acquire waterworks by purchase as herein provided, and
to operate and maintain the same and supply the inhabitants thereof with
water and to charge therefor reasonable rates as herein provided. (RSMo
1939 § 7806, A.L. 1986 H.B. 1554 Revision)

Prior revisions: 1929 § 7661; 1919 § 9099; 1909 § 9924

CROSS REFERENCE: Special charter cities may acquire, sell, lease public
utilities, RSMo 81.190

Any such city which shall erect or acquire a system of waterworks
under sections 91.090 to 91.300 may, and is hereby authorized and
empowered to, supply water from its waterworks to persons and private
corporations for use in or beyond the corporate limits of the city, and
to enter into any such contracts therefor, upon such terms and under such
rules and regulations as may be agreed upon by the contracting parties.
(RSMo 1939 § 7807)

Prior revisions: 1929 § 7662; 1919 § 9100; 1909 § 9925

Every such city shall have the right and is hereby expressly
given the power to acquire, by purchase, as herein provided, a waterworks
system, consisting of pipes, mains, machinery, buildings, standpipes,
reservoirs, easements, rights-of-way, water supply and such real estate
as is necessarily connected therewith for the successful operation
thereof, including the franchises and rights granted thereto by the city,
and any leasehold rights, and any other water supply that may be
necessary or that the city may deem necessary, whether owned by the water
company or other person or corporation, and said city is hereby given the
power to erect and construct such waterworks system as herein provided.
(RSMo 1939 § 7808)

Prior revisions: 1929 § 7663; 1919 § 9101; 1909 § 9926

1. The city shall have the right to acquire by purchase any
waterworks system in operation in such city at its fair and equitable
value, to be agreed upon by the city and the person, firm or corporation
owning the waterworks system, and whenever a proposition is made in
writing to the city by the person, firm or corporation owning such plant
to sell to the city under sections 91.090 to 91.300 its waterworks system
at a price that the city council deems fair and equitable, the council or
other proper authorities shall, by ordinance, submit the question to the
voters of the city.

2. The question shall be submitted in substantially the following form:

Shall the city acquire the waterworks system and property and issue bonds
therefor, which shall be a first lien on the waterworks system and
property, but not a general or personal obligation of the city?

3. And if a majority of the voters of the city voting on the question
shall vote "Yes", then such city shall acquire said property at the price
and on the terms named in the question. (RSMo 1939 § 7809, A. 1949 H.B.
2039, A.L. 1975 H.B. 947, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7664; 1919 § 9102; 1909 § 9927

1. The proposition so submitted by the said person, firm or
corporation shall be in writing, and shall state the price at which the
city may acquire the property, and shall contain an agreement to accept
in payment of such price the bonds provided for by sections 91.090 to
91.300, which bonds shall not create any personal or general liability on
the part of the city, or the persons signing the same, for the payment of
the bonds, nor shall the city be liable to pay for the city waterworks
system other than by the execution and delivery of bonds as provided in
said sections. In case the waterworks system is owned by a corporation,
the proposition submitted by it to the city shall be authorized by the
board of directors of the corporation, and also shall have the consent of
a majority of the stockholders of the corporation owning the waterworks
system and a majority of the bondholders thereof, which consent shall be
obtained at a meeting of the stockholders of the corporation in pursuance
to notice published for three weeks in a newspaper published in the city
where the corporation is located, signed by the president or the
secretary of the corporation, stating the object of the meeting; and by a
written notice addressed to each stockholder at his usual place of
residence, postage prepaid and deposited in the United States post
office, ten days before the meeting.

2. The deed to said waterworks property shall be placed in escrow when
the proposition is made to the city, and the person, firm or corporation
submitting such proposition shall, at the time of submitting the same,
deposit with the city clerk a sum sufficient to defray the expenses of
the election held to vote on such proposition. The city shall be the
grantee in said deed, which deed shall convey to it the title to said
property, subject to the payment of the bonds provided for in said
sections, given for the purchase price thereof, and the deed may contain
the following reservation, to wit:

"The power is reserved in the members of the board of waterworks
commissioners and their successors in office to convey the property
hereby conveyed--in case of default in the payment of the bonds or
interest coupons provided for in sections 91.090 to 91.300, RSMo,
authorizing the city to purchase a waterworks system and issue bonds in
payment therefor, as is provided in said sections; that is to say: That
in case of default in the payment of said bonds and interest coupons, the
property hereby conveyed shall be conveyed by said board of waterworks
commissioners by deed of conveyance to the bondholders, to be held by
them in the relative proportion that the bonds held by each shall bear to
the entire bond issue; provided, that said property may be conveyed to a
trustee designated by a majority of the bondholders to be held for the
use of all the bondholders in the proportion aforesaid. The power hereby
reserved in said board of waterworks commissioners is to be irrevocable,
and the city, by the acceptance of this deed, hereby recognizes such
irrevocable power in said board of waterworks commissioners for the
purpose of securing the payment of said bonds and coupons."

3. At the time of the delivery of the deed, the delivery thereof shall be
accompanied with at least a majority of the bonds of the corporation, if
there are any outstanding bonds; and in case all of the bonds are not
delivered, the person, firm or corporation so making the deed to the city
shall deposit sufficient money in the depositary selected for the
waterworks system, as herein provided in said sections, to pay off any
such outstanding bonds as are not delivered at the time of the delivery
of the deed, so that the city will receive the property free and clear of
all liens, and subject to no lien except the lien of the bonds given by
the city, as provided in said sections for the purchase price thereof.
(RSMo 1939 § 7810)

Prior revisions: 1929 § 7665; 1919 § 9103; 1909 § 9928

In case a proposition is made by the person, firm or corporation
owning the plant in the city for the sale thereof under sections 91.090
to 91.300, and in case the city council fails or neglects to submit said
proposition as herein provided, then upon the filing with the city clerk
of said city a petition signed by one hundred taxpaying citizens of the
city, requesting the submission of such proposition, as above provided,
it shall be the duty of the city council and the mayor of such city to
duly enact an ordinance submitting the said proposition to the voters of
said city, as herein provided. (RSMo 1939 § 7811)

Prior revisions: 1929 § 7666; 1919 § 9104; 1909 § 9929

Whenever a proposition shall be submitted and adopted by a
majority of the voters of the city voting on the proposition, then the
waterworks system shall be conveyed to the city by the person, firm or
corporation owning the same, which deed shall convey to the city a valid
title to the property except that such conveyance shall be subject to a
vendor's lien for the purchase price of the plant, which shall be
evidenced by bonds herein provided for, which shall be issued and
delivered to the person, firm or corporation selling the property, in
payment therefor. And the city, for the purpose of paying for the
waterworks plant, shall issue bonds to an amount equal to the agreed
purchase price, which shall be known as "the waterworks bonds" and which
shall constitute a first lien on the waterworks plant so acquired, and
all the property connected therewith or thereafter acquired constituting
a part of the plant, including the income arising therefrom, it being the
intent of sections 91.090 to 91.300, however, that there is to be no
liability on the part of the city to pay the amount evidenced by the
bonds out of any other fund than the one herein specified, and the bonds
shall not constitute a liability of the city for which the general
revenues thereof can be appropriated, or any part thereof, except to pay
a reasonable fire hydrant rental for such hydrants as may be used by the
city for the purpose of fire protection, and washing and flushing
streets, crossings, alleys and sewers, as herein provided. (RSMo 1939 §
7812, A. 1949 H.B. 2039, A.L. 1975 H.B. 947)

Prior revisions: 1929 § 7667; 1919 § 9105; 1909 § 9930

1. The said waterworks plant and system, when acquired, shall be
subject to the control and management of a board known as "The Board of
Waterworks Commissioners", who shall have the power to issue to the
person, firm or corporation, in payment for said waterworks system, bonds
in such denomination as may be stated in the proposition to the city or
as may be determined by the board, which bonds shall refer to and recite
sections 91.090 to 91.300, as authority for their issuance, and shall be
signed by each member of the board, attested by the secretary, under the
seal of the board, and each bond shall contain substantially the
following, among other appropriate recitals therein:

This bond shall constitute a first lien in the nature of a mortgage or
vendor's lien upon all the property, rights, issues and revenue of the
waterworks system in this city, or in any way appertaining thereto,
including any and all funds that may have been or may be derived
therefrom, whether in existence at the time of the issuing of this bond
or thereafter acquired, but this bond shall not create any personal or
general liability on the part of this city or the persons signing the
same for the payment thereof, and the same shall be paid only out of the
property constituting the waterworks system and the revenue derived
therefrom, on which it shall be a first lien, as aforesaid, and in case
of default in the payment of the principal hereof, or any interest due
thereon, for a period of six months, all of the said property upon which
it shall be a lien, as aforesaid, shall be conveyed by the waterworks
commissioners to the holders of the waterworks bonds in the proportion
that the bonds held by each bears to the entire bond issue; provided,
that said property may be conveyed to a trustee designated by a majority
of the bondholders, to be held for the use of all the bondholders in the
proportion aforesaid, and the conveyance of the said waterworks
commissioners shall also convey all obligations due to the said board of
waterworks commissioners from private corporations, individuals, or this
city on account of water furnished or consumed, and shall also convey to
them, their grantees and assigns, the right, privilege and franchise to
continue thereafter the maintenance and operation of said waterworks
system for a period of thirty years, and for that purpose to have the use
of the streets, avenues, alleys and other public places of the city to
maintain and operate the said waterworks plant.

2. The said bond shall run for a period of twenty years and draw interest
at the rate of six percent per annum, payable semiannually, said interest
to be evidenced by the coupons attached. The bonds and coupons shall be
negotiable in form. The coupons may be signed only by the lithographed
signatures of the president of the board and the secretary thereof. (RSMo
1939 § 7813)

Prior revisions: 1929 § 7668; 1919 § 9106; 1909 § 9931

When there are no waterworks in operation in any such city, and
the city shall desire to construct waterworks, the city council shall, by
ordinance, cause plans and specifications of the waterworks system to be
constructed, to be duly made and filed in the office of the city clerk by
the city engineer, or such other person as the council may designate,
which plans and specifications shall give a full description of the plant
to be constructed, the details thereof and the manner of construction;
and the council shall cause the said engineer or the person so
designated, to make the plans and specifications, to advertise for bids,
and the council, by and through said city engineer, or such committee as
the council may appoint, shall contract, subject to the approval and
ratification of the voters of said city, as herein provided, with the
person, firm or corporation who will agree to do the work on the lowest
and best terms, and such person, firm or corporation shall agree to
accept, in payment for the construction of said plant, bonds issued under
sections 91.090 to 91.300, and containing substantially the recitals as
provided in section 91.160; and the advertisement for bids shall state,
among other things, that the work is to be paid for by bonds issued under
sections 91.090 to 91.300, which will be a first lien in the nature of a
mortgage or vendor's lien upon all the property, rights, issues and
revenues of the waterworks system when erected, or in any way
appertaining thereto, including any and all funds that may have been or
may be derived therefrom, whether in existence at the time of the issuing
of the bonds or thereafter acquired, but that the bonds shall not create
any personal or general liability on the part of the city or the person
signing them for the payment thereof, and that the same shall be paid
only out of the property constituting the waterworks system and the
revenue derived therefrom. (RSMo 1939 § 7814)

Prior revisions: 1929 § 7669; 1919 § 9107; 1909 § 9932

The contractor who shall be awarded said contract shall give to
the city a bond with sufficient security for the performance of the work
in accordance with the plans and specifications, and in accordance with
the contract, which bond shall be for such sum as the council may by
ordinance determine, and shall be approved by the mayor and filed in the
office of the city clerk. (RSMo 1939 § 7815)

Prior revisions: 1929 § 7670; 1919 § 9108; 1909 § 9933

CROSS REFERENCE: Bond of contractor, conditions of, RSMo 107.170

The council shall then, by ordinance, submit the proposition to
erect the waterworks system as provided in the contract, ordinance and
other proceedings, and to pay for same by bonds issued as aforesaid, to
the voters of the city, as provided in section 91.120. The proposition to
be submitted at the election shall be:

To erect a waterworks plant and issue bonds in payment therefor, which
shall be a first lien on the waterworks plant when erected, but no
general or personal obligation of the city--Yes.

To erect a waterworks plant and issue bonds in payment therefor, which
shall be a first lien on the waterworks plant when erected, but no
general or personal obligation of the city--No.

And if a majority of the voters of the city voting on the proposition
shall vote "Yes", then the contract shall be binding and in full force
and effect, and the waterworks system shall be erected in accordance
therewith, and when erected and accepted by the city, bonds shall be
issued in payment therefor to the contractor under the terms of the
contract as provided for in sections 91.090 to 91.300, and the title to
the waterworks system, after it is erected, shall pass to and vest in the
city subject to the payment of the bonds issued in payment of the
contract price for erecting same. (RSMo 1939 § 7816, A. 1949 H.B. 2039,
A.L. 1975 H.B. 947)

Prior revisions: 1929 § 7671; 1919 § 9109; 1909 § 9934

As soon as the proposition to erect the waterworks system has
been ratified by a majority of the voters of the city voting on the
proposition as aforesaid, the city council shall appoint some suitable
person to superintend the erection thereof, and who shall receive
reasonable compensation therefor, whose compensation shall be paid by the
contractor into the treasury of the city before the work is commenced,
and paid to the superintendent as the work progresses, as may be directed
by the council, and the amount so deposited by the contractor shall be
included by him in the contract price for the work for which bonds shall
be issued in payment. (RSMo 1939 § 7817, A. 1949 H.B. 2039, A.L. 1975
H.B. 947)

Prior revisions: 1929 § 7672; 1919 § 9110; 1909 § 9935

All the provisions of sections 91.010 to 91.300, 91.450 to
91.540, 91.600 and 91.610, which concern the purchase of waterworks,
shall apply, so far as the same are applicable, to the erection or
purchase of electric light plants, gas plants, ice plants or other
lighting plants. (RSMo 1939 § 7818)

Prior revisions: 1929 § 7673; 1919 § 9111; 1909 § 9936

In case of default in the payment of the principal of the bonds
or interest due thereon for a period of six months, all of said property,
to wit: The waterworks system, consisting of pipes, mains, machinery,
buildings, standpipes, reservoirs, easements, rights-of-way, water supply
and the real estate connected therewith, including any leasehold rights
and all obligations due from private corporations, individuals or the
city to the said waterworks system, or board of waterworks commissioners,
on account of water furnished or consumed, and including the right,
privilege and franchise to continue thereafter the maintenance and
operation of said plant for a period of thirty years, shall be conveyed
by said commissioners by a deed of conveyance to the bondholders to be
held by them in the relative proportion that the bonds held by each shall
bear to the entire issue; provided, that said property may be conveyed to
a trustee designated by a majority of the bondholders to be held for the
use of all the bondholders in the proportion aforesaid, and such
conveyance shall vest a perfect title in said bondholders and their
assigns or their trustee to said property, and said bondholders and their
assigns or their trustee, shall thereafter have the use of the streets,
avenues, alleys and other public places to maintain and operate their
said plant for a period of thirty years, as aforesaid; and provided
further, that the lien created by the said bonds and sections 91.090 to
91.300 may be foreclosed in a court of equity in a like manner as if a
mortgage or deed of trust was given to secure the same. No general or
personal judgment shall be rendered against the city except for such
amounts as may be due from said city as rental for hydrants used by the
city for the purpose of fire protection and washing and flushing streets,
crossings, alleys and sewers of the city, and in case of foreclosure, the
decree and sale shall convey to the purchaser, or person or persons
receiving title under the decree, or by a sale under the decree, all the
rights, title and estate which could be conveyed by a conveyance from the
board of waterworks commissioners, as aforesaid. (RSMo 1939 § 7819)

Prior revisions: 1929 § 7674; 1919 § 9112; 1909 § 9937

The city shall pay to the board of waterworks commissioners a
reasonable fire hydrant rental for such hydrants as may be used by the
city for the purpose of fire protection, and washing and flushing the
streets, crossings, alleys and sewers, which shall in no case exceed a
reasonable and just price therefor, to be fixed by the concurrent action
of the board of waterworks commissioners and city council every five
years from the date of the purchase of said waterworks system. The
inhabitants of the city shall be required to pay reasonable rates for the
use of water, to be fixed by the board of waterworks commissioners, to be
paid quarterly, and the amount paid by the city and private consumers
shall be sufficient to raise funds adequate:

(1) To pay the current running expenses for maintaining the waterworks
system, and provide for such extensions and renewals as may become
necessary;

(2) To provide for the payment of the interest on the bonded indebtedness;

(3) To provide each year a sum equal to not less than two nor more than
five percent of the entire bonded indebtedness herein provided for, which
sum shall be turned into a sinking fund to provide for the final payment
and extinguishment of the bonded debt; provided, that the rates in force
at the time of taking over any such property shall not be reduced for the
first five years, at which time they may be reduced by the board of
waterworks commissioners, if it is apparent that the rates are higher
than necessary to operate and maintain the plant, pay interest on the
bonds, and create a sinking fund for the payment of said bonds at the end
of twenty years, in which event it shall be the duty of the said board of
waterworks commissioners to make a suitable reduction. Said sinking fund
to remain in the depositary to be selected as herein provided, and to
draw interest. (RSMo 1939 § 7820)

Prior revisions: 1929 § 7675; 1919 § 9113; 1909 § 9938

There shall be selected a depositary for the funds of the
waterworks system in the manner as provided by section 95.280, RSMo, and
all moneys received from water consumers shall be deposited daily by the
manager of the said waterworks system, and all to be drawn out of such
depositary on warrants drawn upon said depositary and signed by the
president of the board of waterworks commissioners with the seal of the
board attached, countersigned by the mayor. (RSMo 1939 § 7821)

Prior revisions: 1929 § 7676; 1919 § 9114; 1909 § 9939

When any city of over twenty thousand inhabitants has purchased
or erected a waterworks system under sections 91.090 to 91.300 and issued
bonds in payment therefor as herein provided, such bonds shall be subject
to be deposited with the director of the department of insurance of
Missouri, as provided by the statutes relating to the deposit of
securities by trust and insurance companies, and such bonds may also be
deposited with the treasurer of the state of Missouri, as provided in
section 30.270, RSMo, within the discretion of the governor, attorney
general and treasurer of the state, as provided in said section 30.270,
RSMo; provided, that at the time that such bonds are offered for deposit,
the waterworks system upon which they are secured has, for a period of
five years last past, earned all necessary current running expenses, and
in addition thereto an amount equal to eight percent per annum on the
entire amount of such bonds issued for the payment of said waterworks
system. (RSMo 1939 § 7822)

Prior revisions: 1929 § 7677; 1919 § 9115; 1909 § 9940

The waterworks system, when acquired by purchase or erected by
the city, shall be under the management and control of a board known as
"The Board of Waterworks Commissioners", which shall be composed of three
residents of the city, well known for their intelligence and integrity,
who shall be appointed by the mayor with the approval of the city
council. As soon as convenient after the members of the board have been
chosen, the board shall hold a meeting at the city council room of such
city, and organize by the election of a president, and adopt a corporate
seal, and at such first meeting they shall determine by lot the term of
office of each member, so that one shall serve for one year, one for two
years and one for three years, and whenever the term of office of a
member of the board expires, the mayor of the city, with the approval of
the city council, shall appoint a successor to serve a full term of three
years; and in case any other vacancy arises in the board, it shall be
filled in like manner for the unexpired term. Each of the commissioners
shall give bond in the penal sum of five thousand dollars, with two
solvent securities, for the faithful performance of their duties, such
bond to be approved by the mayor. Any member of such board shall be
suspended or removed in the same manner and for like cause as an
appointive city officer. The board shall keep a record of its
proceedings, and the city clerk of the city, by virtue of his office,
shall be secretary of the board of waterworks commissioners, and shall be
the custodian of the seal, and shall serve without further compensation
than that received as city clerk. Each member of the board may, by
ordinance of the council of the city, be paid out of the revenues derived
from the operation of the plant, a salary not exceeding the sum of five
hundred dollars per year. No person holding an office under the city
government, either elective or appointive, shall be eligible to
appointment on the board of waterworks commissioners, and no more than
two of such commissioners shall belong to the same political party. (RSMo
1939 § 7823, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 7678; 1919 § 9116; 1909 § 9941

Said board of waterworks commissioners shall have full control
and management of said waterworks system, and shall make all contracts
for supplies and improvements, and manage the business of said waterworks
system, and may employ such assistants and employees as may be necessary
for the operation of the same, subject to the approval of the mayor, and
shall have power to fix the water rates so as to raise funds sufficient
for the purposes mentioned in section 91.230, and to adopt such
reasonable rules and regulations for the enforcement and collection
thereof as it may deem expedient; and such board shall collect from said
city rental for hydrants used by the city for the purposes of fire
protection, and washing and flushing the streets, crossings, alleys and
sewers, at the rate agreed upon between the board and the city council
and shall have the same power to sue for any such amount due from the
city as if the water was furnished to the city by a private person or
corporation. The said board shall have the power to appoint a manager of
the plant who shall receive a salary of not exceeding two thousand
dollars per year, and such manager shall give bond, the same as required
to be given by each member of the board, and all of the books, papers and
documents relating to the board and management of the plant shall be
under the immediate supervision of the board, and shall be open at all
times for public inspection and shall be examined by a committee
appointed by the mayor at least once a year. (RSMo 1939 § 7824)

Prior revisions: 1929 § 7679; 1919 § 9117; 1909 § 9942

The board of waterworks commissioners and the manager of the
waterworks system shall be liable on their bonds for any willful or
negligent misappropriation of the moneys or properties of the waterworks
system, and no part of the said moneys or properties shall be diverted
from the depositary selected as provided in sections 91.090 to 91.300,
nor shall the city council or other officers of the city have any power
to divert the same, and the city, or any holder of the bonds issued under
said sections, may at any time enjoin the misappropriation or waste of
the funds of the waterworks system, or may by mandamus proceeding compel
the raising of sufficient funds to comply with the provisions of section
91.230, or the performance of any other duty enjoined on them. Any money
recovered from any member of the board of waterworks commissioners, or
the manager of such waterworks plant, or any sureties on their bonds, for
failure to perform their official duties, or for the misapplication of
any of the money or properties of the waterworks system, shall be paid
into the depositary selected under sections 91.090 to 91.300. (RSMo 1939
§ 7825)

Prior revisions: 1929 § 7680; 1919 § 9118; 1909 § 9943

The waterworks system so acquired by any city under sections
91.090 to 91.300 shall be entirely exempt from seizure, levy or sale
under any judgment, execution, decree of court, or other proceedings in
invitum, except as expressly provided in said sections, for the payment
of the bonds issued in payment for the purchase price of said waterworks
system, or the contract price for the construction of the same, and the
city or board of waterworks commissioners shall not have power to sell,
convey, mortgage or pledge the same, except as expressly provided in said
sections. (RSMo 1939 § 7826)

Prior revisions: 1929 § 7681; 1919 § 9120; 1909 § 9945

(1972) A mechanic's lien does not attach to buildings and property owned
by a municipality and used for the benefit of the public. Union Reddi-Mix
Co. v. Specialty Concrete Contr. (A.), 476 S.W.2d 160.

Sections 91.090 to 91.300 are in addition to the powers
heretofore granted to such cities with reference to the subject matter
hereof, and shall not be construed so as to abridge or take away any of
such powers granted to such cities by any statute now in force, not
inconsistent herewith, but are intended to enlarge and extend the powers
of such cities with reference to the acquisition of waterworks. (RSMo
1939 § 7827)

Prior revisions: 1929 § 7682; 1919 § 9121; 1909 § 9946

Any city of the third or fourth class, and any town or village,
and any city now organized or which may hereafter be organized and having
a special charter, and which now has or may hereafter have less than
thirty thousand inhabitants, shall have power to erect or to acquire, by
purchase or otherwise, maintain and operate, waterworks, gas works,
electric light and power plant, steam heating plant, or any other device
or plant for furnishing light, power or heat, telephone plant or
exchange, street railway or any other public transportation, conduit
system, public auditorium or convention hall, which are hereby declared
public utilities, and such cities, towns or villages are hereby
authorized and empowered to provide for the erection or extension of the
same by the issue of bonds therefor, and any city, town or village which
may own, maintain or operate, and which may hereafter acquire, by
purchase or otherwise, and operate, or which may engage in the
construction of any of the plants, systems or works mentioned in this
section, is hereby authorized and empowered to establish, by ordinance,
within such city, town or village, an executive department to be known as
"The Board of Public Works", to consist of four persons, electors of said
city, town or village, who have resided therein for a period of two years
next before their appointment, who shall be appointed by the mayor of
such city, town or village, and confirmed by the common council in such
manner as other appointive officers of such city, town or village are
appointed and confirmed. The members of such board shall hold office for
a term of four years each, or until their successors are appointed and
qualified; provided, that the members of said board shall hold office for
a term of four years each, except the first incumbents, as members of
said board of public works, who shall be appointed and hold office for
the term of one, two, three and four years respectively. (RSMo 1939 §
7796)

Prior revisions: 1929 § 7651; 1919 § 9089; 1909 § 9914

CROSS REFERENCES:

CITIES OF THE THIRD CLASS:

Flood protection, powers of city generally, RSMo 77.150, 77.160, 77.180

Water supply, authority to contract for, operate waterworks, RSMo 88.633

CITIES OF THE FOURTH CLASS:

Board of aldermen may contract for lights, water, may erect lighthouses
and waterworks--bonds may be issued, RSMo 88.773

Board of aldermen may hold property for hospital purposes, waterworks,
RSMo 79.380

(1994) Where city was displeased with sixty-one percent increase in rates
for water service to city's customers from 1984 to 1991, city sought to
acquire waterworks system through exercise of eminent domain pursuant to
section giving cities the power to erect or to acquire, by purchase "or
otherwise", maintain and operate, waterworks. Statute does not authorize
city to condemn waterworks system already dedicated to public use for the
very same use. State ex rel. Missouri Cities Water Co. v. Hodge, 878
S.W.2d 819 (Mo. en banc).

Not more than two members of said board shall belong to the same
political party, and its administration shall in all respects be entirely
nonpartisan. Each member of said board shall receive such salary and give
such bond as may be prescribed by ordinance. (RSMo 1939 § 7797)

Prior revisions: 1929 § 7652; 1919 § 9090; 1909 § 9915

Any member of said board of public works, who shall accept a
nomination or appointment for any other office during his official term,
shall be deemed thereby to have resigned as a member of said board, and
his said membership shall thereby be ipso facto vacated. (RSMo 1939 §
7798)

Prior revisions: 1929 § 7653; 1919 § 9091; 1909 § 9916

Whenever any such city mentioned in section 91.450 shall have by
ordinance established a board of public works, as herein provided, such
board so established in such city, town or village shall, during the
existence of said board, have the power, and it shall be its duty, to
take charge of and exercise control over any waterworks, gas works,
electric light and power plant, steam heating plant or any other device
or plant for furnishing light, power or heat, telephone plant or
exchange, street railway or any other public transportation, conduit
system or any other public utility whatever which may be owned by such
city, town or village at the time such board is so established, or which
may be thereafter established or acquired by such city, town or village,
by purchase or otherwise, and all appurtenances thereto belonging, and
shall enforce the performance of all contracts and work, and have charge
and custody of all books, property and assets belonging or appertaining
to such plant or plants. (RSMo 1939 § 7799)

Prior revisions: 1929 § 7654; 1919 § 9092; 1909 § 9917

Said board shall also exercise such other powers and perform such
other duties in the superintendence of public works, improvements and
repairs constructed by authority of the common council or owned by the
city as may be prescribed by ordinance. Said board shall make all
necessary regulations for the government of the department not
inconsistent with the general laws of this state, the charter of such
city or the ordinances thereof. (RSMo 1939 § 7800)

Prior revisions: 1929 § 7655; 1919 § 9093; 1909 § 9918

Said board shall have the power to appoint a chief superintendent
and such subordinates, including engineers, inspectors, clerks,
assistants and other persons, as may be necessary, but the number of such
additional appointees and the compensation of all employees and
appointees of said board shall be as provided by ordinances. (RSMo 1939 §
7801)

Prior revisions: 1929 § 7656; 1919 § 9094; 1909 § 9919

All bills of such board and all salaries of its employees shall
be allowed and paid in the same manner that bills and salaries of other
officers and employees of such city are allowed and paid. (RSMo 1939 §
7802)

Prior revisions: 1929 § 7657; 1919 § 9095; 1909 § 9920

It shall be the duty of said board to keep books of account,
showing with entire accuracy contemporaneous current entries of the
receipts and expenditures of the board in such manner as to enable the
same to be understood and investigated, and also to preserve on file in
its office duplicate vouchers for all its expenditures, which books and
duplicates shall at all times be open to the examination of the finance
committee of the city council, or any other committee appointed by the
common council, and such board shall make such reports of its business
and transactions to the mayor and city council of such city, town or
village as may be provided by ordinance. (RSMo 1939 § 7803)

Prior revisions: 1929 § 7658; 1919 § 9096; 1909 § 9921

The doing of all work and the furnishing of all supplies for the
waterworks, electric power and light plant, or any other plant or work
which may be under its supervision or control, shall be let out by the
board of public works in the same manner as other public works are let
out, except in cases where it is not practicable to do such work or
furnish material by contract; and all contracts shall be submitted to the
common council for approval. Said board may have charge of the purchase
of all supplies needed by the city in its several departments, under such
restrictions and regulations as may be provided by ordinance. (RSMo 1939
§ 7804)

Prior revisions: 1929 § 7659; 1919 § 9097; 1909 § 9922

The assessment and collection of rates for water, electric power,
electric light, gas, or for the product or service of any other plant or
works which any such city, town or village may own or operate, shall be
under the control and supervision of the board of public works, when such
board has been established as herein provided, subject to the ordinances
of such city, town or village. (RSMo 1939 § 7805)

Prior revisions: 1929 § 7660; 1919 § 9098; 1909 § 9923

Before any city of the third class shall sell or dispose of, in
any way, or abandon or cease to operate any electric light plant,
waterworks plant, gas plant, street railway or any other public utility
which may be owned by it, it shall first submit the proposition for such
sale or disposition or abandonment or ceasing to operate, by ordinance,
to the voters of said city and it shall require a majority of the votes
cast to be in favor of the proposition before any authority shall exist
for such sale, disposition, abandonment or ceasing to operate. (L. 1949
p. 505 § 6967a, A.L. 1978 H.B. 971)

All cities within this state having less than ten thousand
inhabitants, and having a special charter, in their corporate capacity
are authorized and empowered to enact ordinances for the following
purposes and to have the following rights and powers, in addition to the
powers now conferred on such cities by law. (L. 1944 p. 42 § 1)

All such cities are hereby granted the right and power to acquire
by purchase, condemnation or gift all necessary land and easements within
and without the city for the purpose of waterworks, electrical power
plants to supply the inhabitants of such cities with water and electrical
energy, for the construction, maintenance and alteration of levees to
protect the inhabitants of such cities and towns and for any other public
use. (L. 1944 p. 42 § 2, A.L. 1961 p. 219)

All such cities may condemn private property for public use for
such purposes, either within or without said city, and shall pay just
compensation for all private property taken or damaged for public use for
the purposes of said waterworks and such condemnation proceedings and
ascertainment of compensation, as far as practicable, shall be governed
and regulated in all respects as the condemnation of property for
railroad purposes is at the time regulated by law. (L. 1944 p. 42 § 3)

All rights and powers granted by sections 91.560 to 91.590 shall
be in addition to all rights and powers of such cities under the laws of
this state and all such cities shall have the rights and powers herein
granted, irrespective of any provision in the charter of such cities. (L.
1944 p. 42 § 4)

All cities in the state under special charter which have or may
hereafter have a population of not less than three thousand and not more
than ten thousand inhabitants, which now own and operate or may hereafter
own and operate a waterworks system shall have the right to purchase,
install and maintain pipes, mains, machinery, buildings, easements,
rights-of-way and real estate necessarily connected therewith outside the
limits of any such city including the right of condemnation and the right
to purchase and maintain any such facilities now existing from any
person, firm, corporation or governmental unit authorized to sell the
same, whenever in the opinion of its board of public works any such
facilities are reasonably necessary for the purpose of connecting with
another water supply system capable of furnishing emergency water to such
city or whenever in the opinion of the board there is sufficient need and
demand from persons outside the limits of such city for water from the
water supply system thereof to justify, make profitable and advantageous
the purchase, installation and maintenance of such facilities as a part
of the water supply system of such city. (L. 1951 p. 348 § 1)

All cities in the state under special charter and which have or
may hereafter have a population of not less than three thousand and not
more than ten thousand inhabitants and which now own and operate or may
hereafter own and operate a waterworks system may, and are hereby
authorized and empowered to, issue revenue bonds, which shall be payable
solely from the revenues derived from the operation of such utility by
the municipality and not a general obligation of such city, for the
purpose of providing funds for the repair or improvement of any such
system, including the pumping and distribution facilities thereof, or the
replacement of any part thereof, or for the extension of any such system
within or without such city as such expenditures are now or may hereafter
be allowed by law, and for the acquisition of all necessary easements and
rights-of-way which such extension or improvement may require, and for
the purchase and installation of all necessary equipment and materials
for adding additional pumping or distributional facilities to any such
system including the purchase of any existing distributional facilities
now or hereafter allowed by law. (L. 1951 p. 349 § 1)

1. Whenever the board of public works of any such city shall
desire to issue such revenue bonds for any or all of the purposes
enumerated in section 91.595 it shall make written request, authorized by
majority vote of its members, to the mayor and council of such city
requesting the submission of the question of authorizing the issuance of
said bonds which request shall set forth the amount of funds required and
the purposes for which the same is to be expended.

2. The council may then by ordinance submit the proposition to the voters
of the city.

3. The question shall be submitted in substantially the following form:

Shall the city of ...... issue revenue bonds, in the amount of ......
dollars to be payable solely from the revenues derived from the operation
of ...... (utility) by the city and not a general or personal obligation
of the city, for the purpose of ....... (here state purpose)?

4. If a majority of the voters of such city voting on the question shall
vote "Yes" then the board of public works of such city shall be
authorized to issue waterworks revenue bonds not to exceed the amount
approved by the voters. (L. 1951 p. 349 § 2, A.L. 1975 H.B. 947, A.L.
1978 H.B. 971)

The bonds authorized by section 91.596 shall be signed by each
member of the board, attested by the secretary under the seal of the
board. Said bonds shall run for a period not to exceed twenty years and
draw interest at a rate to be designated by the board of public works,
interest to be payable semiannually and to be evidenced by the coupons
attached. The bonds and coupons shall be negotiable in form; the coupons
may be signed only by the lithographed signatures of the president of the
board and the secretary thereof. (L. 1951 p. 349 § 3)

Every city organized and existing under the provisions of section
16 of article IX of the Constitution of Missouri of 1875, or section 19
of article VI of the Constitution of Missouri of 1945, shall have the
right and power to construct, maintain and operate waterworks to supply
the city and all persons and parties therein with water and may for such
purpose, take, hold, use and dispose of real estate and personal property
whether within or outside of the city, or whether within or outside of
the state of Missouri, necessary to accomplish such object. It may
acquire such property by purchase, donation or an exercise of the power
of eminent domain, and may do whatever may be necessary to the exercise
of the powers herein granted. Every such city shall have the power to
issue its bonds for such purpose to an amount not exceeding the
constitutional limitations. Every such city shall have power to make at
any time a contract with any such person, corporation, or company, for a
period not exceeding twenty years, to furnish water to the city, or to
the city and its inhabitants, and to authorize such corporation, person
or company, during the existence of such contract, to construct, maintain
and operate waterworks in the city. Such contract shall contain a
provision reserving to such city the right at its option at any time to
acquire and become the sole owner of such portion of the waterworks of
such corporation, person or company as may at the time of such purchase
be situated in the state of Missouri, on paying a fair and equitable
value therefor, to be ascertained, if the parties thereto cannot agree,
by the circuit court of the county in which such city is situated, upon
the petition of the city, and in such manner as the court may determine;
a copy of such petition shall be served upon the corporation, person or
company at least fifteen days before the same is presented to the court.
The contract above mentioned shall not take effect until an ordinance
fully setting forth its terms is submitted to a vote of the voters of the
city and approved by two-thirds of the voters voting on the proposition.
(RSMo 1939 § 7794, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7649; 1919 § 9087; 1909 § 9909

Every such city shall pay just compensation for all private
property taken or damages for public use for the purposes necessary for
the construction or extension or efficient operation of its waterworks,
and such compensation may be ascertained in proceedings therefor, as far
as practicable, in the same manner as is prescribed in the general law of
this state for the appropriation and valuation of lands taken for
telegraph, telephone, gravel and plank or railroad purposes, being
chapter 523, RSMo. Upon paying to the clerk of the circuit court the
amount of damages awarded to the party in whose favor the same may be
assessed, the city shall have the right to enter upon and take possession
of the property, notwithstanding the filing of exceptions to such award;
and any subsequent proceedings shall only affect the amount of
compensation to be allowed. (RSMo 1939 § 7795)

Prior revisions: 1929 § 7650; 1919 § 9088; 1909 § 9913

Sections 91.620 to 91.770 may be cited as "The National Defense
Cooperation Law of 1941". (L. 1941 p. 493 § 16)

Wherever used in sections 91.620 to 91.770, unless a different
meaning clearly appears from the context:

(1) The term "board" shall mean the board of public works set up by
sections 91.620 to 91.770 to control, manage and operate the undertakings
herein described.

(2) A "defense area" shall constitute the territory within a radius of
fifty miles of a camp, encampment, cantonment, fort, depot, or other
establishment of the armed forces of the United States of America within
which not less than ten thousand persons are stationed, except the
territory contained in any county now or hereafter having a population of
not less than two hundred thousand nor more than four hundred thousand
inhabitants.

(3) The term "government" shall mean the United States of America, or any
department, agency or instrumentality thereof now in existence or
hereafter created.

(4) The term "governing body" shall mean the bodies and boards, by
whatever names they may be known, charged with the governing of a
municipality as herein defined.

(5) The term "municipality" shall mean any county, school district, city,
town, village, township, road district, public water supply district or
drainage district located in whole or in part within a defense area,
except any county now or hereafter having a population of not less than
two hundred thousand nor more than four hundred thousand inhabitants and
also except any school district, city, town, village, township, road
district, public water supply district or drainage district or other
political subdivision or public corporation located within any such
county.

(6) The term "undertaking" shall include the following undertakings or
any combination of two or more of such undertakings, whether now existing
or hereafter acquired or constructed: Hospitals, water systems, and sewer
systems (both sanitary and storm); together with all parts of any such
undertaking and all appurtenances thereto and equipment therefor
including, without limiting the generality of the foregoing, lands,
easements, rights in land, water rights, contract rights, franchises,
approaches, dams, reservoirs, sewage disposal plants, intercepting
sewers, trunk, connecting and other sewer and water mains, filtration
works, pumping stations and equipment. (L. 1941 p. 493 § 1)

1. In addition to the powers which it may now have, any
municipality as herein defined shall have power, under sections 91.620 to
91.770

(1) To lease as herein provided, to acquire by gift, purchase or the
exercise of the right of eminent domain, to construct, to reconstruct, to
improve, to better, and to extend any undertaking, wholly within, or
wholly without the municipality, or partially within and partially
without the municipality, and to acquire by gift, purchase or the
exercise of the right of eminent domain, lands, easements, rights in
lands and water rights in connection therewith;

(2) To operate and maintain any undertaking for its own use and for the
use of public and private consumers, and users within and without the
territorial boundaries of the municipality;

(3) To prescribe, revise and collect rates, fees, tolls or charges
subject to rules and regulations of public service commission of state of
Missouri for the services, facilities or commodities furnished by such
undertaking, and in anticipation of the collection of the revenues of
such undertaking, to issue revenue bonds, to finance in whole or in part
the cost of the acquisition, construction, reconstruction, improvement,
betterment or extension of any undertaking;

(4) To pledge to the punctual payment of said bonds and interest thereon
all or any part of the revenues of such undertaking (including the
revenues of improvements, betterments or extensions thereto thereafter
constructed or acquired, as well as the revenues of existing systems,
plants, works, instrumentalities, and properties of the undertaking so
improved, bettered or extended) or of any part of such undertaking;
subject to any outstanding obligation existing against such systems,
plants; and

(5) To make all contracts, execute all instruments and do all things
necessary or convenient in the exercise of the powers herein granted or
in the performance of its covenants or duties or in order to secure the
payment of its bonds, provided, no encumbrance, mortgage or other pledge
of property of the municipality is created thereby, and provided no
property of the municipality is liable to be forfeited or taken in
payment of said bonds, and provided no debt on the credit of the
municipality is thereby incurred in any manner for any purpose; and
provided further, that plans and specifications for the aforesaid
undertakings shall be submitted to and approved by the state board of
health; provided, however, that all contracts for the undertakings herein
authorized shall be awarded to the lowest and best bidder, notice of the
letting of such contract having been published as is required by law for
the letting of public contracts for the erection of public buildings.

2. For the purpose of constructing, managing and operating the
undertakings herein described there is hereby created a "board of public
works". This board shall consist of five members, who shall be qualified
voters and resident taxpayers of such municipality. The mayor or
presiding officer of such municipality shall be a member of this board.
The other four members shall be appointed by the mayor or presiding
officer of the municipality, by and with the consent and approval of the
majority of the governing body. The term of office of the members
appointed shall be four years, except the terms of two members of the
first board appointed shall be for two years. The officer making the
appointment shall designate which members shall be appointed for two
years and which shall be for four years. Vacancies shall be filled for an
unexpired term in the same manner as the original appointment. The board
shall organize when new members are appointed to it. It shall select a
chairman, vice chairman, secretary and treasurer. The board of public
works shall operate, manage and control such undertakings, and in the
performance of this duty may employ such persons and expend such sums as
are necessary to properly perform same, which funds shall be appropriated
and allowed by the governing body out of the earnings of the undertaking.
This board shall require any person who has custody of any moneys or
properties of the district to furnish bond executed by a responsible
bonding company, for the faithful performance of his or her duties as
prescribed by the board of public works and for the faithful accounting
of all moneys or property which may come into his custody or possession
by virtue of such employment or appointment. The board of public works
shall be allowed such a salary for their services as the governing body
may determine not in excess of one hundred dollars per month for each
member and for their actual expenses incurred in performing their duties
under sections 91.620 to 91.770 they shall be paid out of the revenue of
the undertaking formed herein. The members of the board of public works
may be removed for cause after a public hearing by the governing body.
The board of public works shall make such report to the governing body
and at such times as may be required by the governing body, and shall
have the power to establish bylaws, rules and regulations for its own
government. The board of public works, in respect to all matter of
custody, operation, administration and maintenance of such work shall
have all the powers and perform all the duties herein provided for, not
specifically delegated to the governing body.

3. The government is hereby authorized to construct any undertaking
within a defense area, to acquire by purchase, lease, gift, exchange or
the exercise of eminent domain, lands, easements, rights of lands and
water rights in connection therewith and to maintain and operate such
undertakings. Any municipality is hereby authorized to lease from the
government or to enter into an agreement to operate for and in behalf of
the government any undertaking constructed by the government. (L. 1941 p.
493 § 2)

All necessary preliminary expenses actually incurred by the
governing body in the making of surveys, estimates of costs and revenues,
employment of engineers or other employees, the giving of notices, taking
of options and all other expenses of whatsoever nature, necessary to be
paid prior to the issue and delivery of the revenue bonds pursuant to the
provisions of sections 91.620 to 91.770, may be met and paid in the
following manner: Said board or governing body may from time to time
certify such items of expense to the governing body, directing the
payments of the several amounts thereof, and thereupon the proper officer
shall at once draw a warrant or warrants upon the governing body, which
warrant or warrants shall be paid out of the general funds of said
governing body not theretofore appropriated, without a special
appropriation being made therefor; or, in case there are no general funds
of such city not otherwise appropriated, the governing body may
temporarily transfer from other funds of such governing body a sufficient
amount to meet such items of expense, or the making of a temporary loan
for such purpose, and such governing body shall thereupon at once make
such transfer of funds, or authorize such temporary loan in the same
manner that other temporary loans are made by the governing body;
provided, however, that the fund or funds of such governing body from
which such payments are made shall be fully reimbursed and repaid by said
board out of the first proceeds of the sale of revenue bonds herein
provided for, and before any other disbursements are made therefrom, and
the amount so advanced to pay such preliminary expenses shall be a first
charge against the proceeds resulting from the sale of such revenue bonds
until the same has been repaid as herein provided. (L. 1941 p. 493 § 4)

The acquisition, construction, reconstruction, improvement,
betterment or extension of any undertaking and the issuance in
anticipation of the collection of the revenues of such undertaking of
bonds to provide funds to pay the cost thereof may be authorized under
this law by ordinance or resolution of the governing body which may be
adopted at a regular or special meeting by a vote of a majority of the
members elected to the governing body. Unless otherwise provided therein,
such ordinance or resolution shall take effect immediately and need not
be laid over or published or posted. The governing body, in determining
such cost, may include all costs and estimated costs of the issuance of
said bonds, all engineering, inspection, fiscal and legal expenses, and
interest which it is estimated will accrue during the construction period
and for six months thereafter on money borrowed or which it is estimated
will be borrowed pursuant to this law. The approval of the voters of such
municipality shall be required and on such approval such bonds may be so
issued and sold, notwithstanding any provisions of any law of the state
of Missouri or the charter, bylaws or other regulations of any
municipality, or any limitations upon the incurring of bonded
indebtedness prescribed by law of the state of Missouri or the charter,
bylaws or other regulations of such municipality. A four-sevenths
majority of the voters voting for the proposition shall constitute an
approval as herein provided; except that, if the bonds are to be issued
for any of the purposes set out in article VI, section 27 of the
Constitution of Missouri, a simple majority shall constitute approval.
(L. 1941 p. 493 § 3, A. 1949 H.B. 2039, A.L. 1975 H.B. 947, A.L. 1978
H.B. 971)

Revenue bonds issued under sections 91.620 to 91.770 shall bear
interest at such rate or rates not exceeding six percent per annum,
payable semiannually, may be in one or more series, may bear such date or
dates, may mature at such time or times not exceeding forty years from
their respective dates, may be payable in such medium of payment, at such
place or places, may carry such registration privileges, may be subject
to such terms of redemption, may be executed in such manner, may contain
such terms, covenants and conditions, and may be in such form, either
coupon or registered, as such ordinance or resolution or subsequent
ordinances or resolutions may provide. Such bonds shall be deemed valid
and negotiable without being presented to the state auditor for
registration and certification. Sections 108.240 and 108.250, RSMo, shall
not apply to bonds issued hereunder, and said bonds shall be sold at not
less than par. Said bonds may be sold at private sale to the United
States of America or any agency, instrumentality or corporation thereof.
Unless sold to the United States of America or any agency,
instrumentality or corporation thereof, said bonds shall be sold at
public sale after notice of such sale published once at least five days
prior to such sale in a newspaper circulating in the municipality and in
a financial newspaper published in the city of St. Louis, Missouri, or
Kansas City, Missouri. Pending the preparation of the definitive bonds,
interim receipts or certificates in such form and with such provisions as
the governing body may determine may be issued to the purchaser or
purchasers of bonds sold pursuant to sections 91.620 to 91.770. Said
bonds and interim receipts or certificates shall be fully negotiable for
all the purposes. (L. 1941 p. 493 § 5)

All moneys received from any bonds issued and all other income
pursuant to sections 91.620 to 91.770, after reimbursements and repayment
to said city or town of all amounts advanced for preliminary expenses,
shall be applied solely to the payment of the costs of the works,
extensions, operation, maintenance, improvements or betterments or to the
appurtenant sinking fund and there shall be and hereby is created and
granted a lien upon such moneys, until so applied, in favor of the
holders of the bonds or the trustees herein provided for. (L. 1941 p. 493
§ 6)

1. At or before the issuance of any such bonds the governing body
shall by ordinance create a sinking fund for the payment of the bonds and
the interest thereon and the payment of the charges of banks or trust
companies for making payment of such bonds or interest, and shall set
aside and pledge a sufficient amount of the net revenues of the works,
hereby defined to mean the revenues of the works remaining after the
payment of the reasonable expense of operation, repair and maintenance,
such amount to be paid by the board into said sinking fund at intervals
to be determined by ordinance prior to issuance of the bonds, for

(1) The interest upon such bonds as such interest shall fall due; and

(2) The necessary fiscal agency charges for paying bonds and interest;

(3) The payment of the bonds as they fall due, or, if all bonds mature at
one time, the proper maintenance of a sinking fund sufficient for the
payment thereof at such time; and

(4) A margin for safety and for the payment of premiums upon bonds
retired by call or purchase as herein provided, which margin, together
with any unused surplus of such margin carried forward from the preceding
year, shall equal ten percent of all other amounts so required to be paid
into the sinking fund.

2. Such required payments shall constitute a first charge upon all the
net revenues of the undertakings. Prior to the issuance of the bonds, the
board may by ordinance be given the right to use such sinking fund or any
part thereof in the purchase of any of the outstanding bonds payable
therefrom at the market price thereof, but not exceeding the price, if
any, at which the same shall in the same year be payable or redeemable
and all bonds redeemed or purchased shall forthwith be canceled and shall
not again be issued. After the payment into the sinking fund as herein
required, the board may at any time in its discretion transfer all or any
part of the balance of the net revenue, after reserving an amount deemed
by the board sufficient for operation, repair and maintenance for an
ensuing period of not less than twelve months and for depreciation, into
the sinking fund or into a fund for extensions, betterments and additions
to the works. (L. 1941 p. 493 § 7)

Said bonds bearing the signatures of officers in office on the
date of the signing thereof shall be valid and binding obligations,
notwithstanding that before the delivery thereof and payment therefor any
or all the persons whose signatures appear thereon shall have ceased to
be officers of the municipality issuing the same. The validity of said
bonds shall not be dependent or not affected by the validity or
regularity of any proceedings relating to the acquisition, purchase,
construction, reconstruction, improvement, betterment, or extension of
the undertaking for which said bonds are issued. The ordinance or
resolution authorizing said bonds may provide that the bonds shall
contain a recital that they are issued pursuant to sections 91.620 to
91.770, which recital shall be conclusive evidence of their validity and
of the regularity of their issuance. (L. 1941 p. 493 § 8)

Any ordinance or resolution authorizing the issuance of bonds
under sections 91.620 to 91.770, to finance in whole or in part the
acquisition, construction, reconstruction, improvement, betterment or
extension of an undertaking, may contain covenants (notwithstanding that
such covenants may limit the exercise of powers conferred by sections
91.620 to 91.770) as to:

(1) The rates, fees, tolls, or charges to be charged for the services,
facilities and commodities of said undertaking;

(2) The use and disposition of the revenue of said undertaking;

(3) The creation and maintenance of reserves or sinking funds and the
regulation, use and disposition thereof;

(4) The purpose or purposes to which the proceeds of the sale of said
bonds may be applied and the use and disposition of such proceeds;

(5) Events of default and the rights and liabilities arising thereupon,
and the terms and conditions upon which bonds issued under sections
91.620 to 91.770 shall become or may be declared due before maturity, and
the terms and conditions upon which such declaration and its consequences
may be waived;

(6) A fair and reasonable payment by the municipality to the account of
said undertaking for the services, facilities or commodities furnished
said municipality or any of its departments by said undertaking;

(7) The issuance of other or additional bonds or instruments payable from
or constituting a charge against the revenue of such undertaking;

(8) The insurance to be carried thereon and the use and disposition of
insurance moneys;

(9) Books of account and the inspection and audit thereof;

(10) Events of default and terms and conditions upon which any or all of
the bonds shall become or may be declared due before maturity and as to
the terms and conditions upon which such declaration and its consequences
may be waived;

(11) The rights, liabilities, powers and duties arising upon the breach
by it of any covenants, conditions or obligations;

(12) The vesting in a trustee or trustees the rights to enforce any
covenants made to secure, to pay, or in relation to the bonds, as to the
powers and duties of such trustee or trustees, and the limitation of
liabilities thereof, and as to the terms and conditions upon which the
holders of the bonds or any proportion or percentage of them may enforce
any covenants made under sections 91.620 to 91.770 or duties imposed
hereby;

(13) A procedure by which the terms of any resolution authorizing bonds,
or any other contract with bondholders, including but not limited to an
indenture of trust or similar instrument, may be amended or abrogated and
as to the amount of bonds the holders of which must consent thereto and
the manner in which such consent may be given. (L. 1941 p. 493 § 9)

Revenue bonds issued under sections 91.620 to 91.770 shall not be
payable from or charged upon any funds, other than the revenue pledged to
the payment thereof, nor shall the municipality issuing the same be
subject to any pecuniary liability thereon. No holder or holders of any
such bonds shall ever have the right to compel any exercise of the taxing
power of the municipality to pay any such bonds or the interest thereon,
nor to enforce payment thereof against any property of the municipality,
nor shall any such bonds constitute a charge, lien or encumbrance, legal
or equitable, upon any property of the municipality. Each bond issued
under sections 91.620 to 91.770 shall recite in substance that said bond,
including interest thereon, is payable solely from the revenue pledged to
the payment thereof, and that said bond does not constitute a debt of the
municipality within the meaning of any constitutional or statutory
limitation. (L. 1941 p. 493 § 10)

1. In the event that the municipality shall default in the
payment of the principal or interest on any of the bonds after the same
shall become due, whether at maturity or upon call for redemption, and
such default shall continue for a period of thirty days, or in the event
that the municipality or the governing body or officers, agents or
employees thereof shall fail or refuse to comply with the provisions of
sections 91.620 to 91.770 or shall default in any agreement made with the
holders of the bonds, any holders of bonds, or trustee therefor, shall
have the right to apply in an appropriate judicial proceeding to the
circuit court, or if the undertaking is situate in two or more different
counties, then the circuit court of the county in which are situate more
of the lands and other property of the municipality than in any other
county, for the appointment of a receiver of the enterprise, whether or
not all bonds have been declared due and payable and whether or not such
holder, or trustee therefor, is seeking or has sought to enforce any
other right, or exercise any remedy in connection with such bonds. Upon
such application the circuit court may appoint, and if the application is
made by the holders of twenty-five percent in principal amount of such
bonds then outstanding, or any trustee for holders of such bonds in such
principal amount, shall appoint a receiver of the enterprise.

2. The receiver so appointed shall forthwith, directly or by his agents
and attorneys, enter into and upon and take possession of the enterprise
and each and every part thereof and may exclude the municipality, its
governing body, officers, agents, and employees and all persons claiming
under them wholly therefrom and shall have, hold, use, operate, manage,
and control the same and each and every part thereof, and, in the name of
the municipality or otherwise, as the receiver may deem best, and shall
exercise all the rights and powers of the municipality with respect to
the enterprise as the municipality itself might do. Such receiver shall
maintain, restore, insure and keep insured, the enterprise, and from time
to time shall make all such necessary or proper repairs as to such
receiver may seem expedient and shall establish, levy, maintain and
collect such fees, tolls, rentals, and other charges in connection with
the enterprise as such receiver may deem necessary or proper and
reasonable, and shall collect and receive all revenues and shall deposit
the same in a separate account and apply such revenues so collected and
received in such manner as the court shall direct.

3. Whenever all that is due upon the bonds, and interest thereon, and
upon any other notes, bonds or other obligations, and interest thereon,
having a charge, lien, or encumbrance on the revenues of the enterprise
and under any of the terms of any covenants or agreements with
bondholders shall have been paid or deposited as provided therein, and
all defaults shall have been cured and made good, the court may in its
discretion, and after such notice and hearing as it deems reasonable and
proper, direct the receiver to surrender possession of the enterprise to
the municipality, the same right of the holders of the bonds to secure
the appointment of a receiver to exist upon any subsequent default as
herein provided.

4. Such receiver shall in the performance of the powers herein conferred
upon him, act under the direction and supervision of the court making
such appointment and shall at all times be subject to the orders and
decrees of such court and may be removed thereby. Nothing herein
contained shall limit or restrict the jurisdiction of such court to enter
such other and further orders and decrees as such court may deem
necessary or appropriate for the exercise by the receiver of any
functions specifically set forth herein. (L. 1941 p. 493 § 11, A.L. 1978
H.B. 1634)

Effective 1-2-79

1. Subject to any contractual limitations binding upon the
holders of any issue of bonds, or trustee therefor, including but not
limited to the restriction of the exercise of any remedy to a specified
proportion or percentage of such holders, any holder of bonds, or trustee
therefor, shall have the right and power, for the equal benefit and
protection of all holders of bonds similarly situated

(1) By mandamus or other suit, action or proceeding at law or in equity
to enforce his rights against the municipality and its governing body and
any of its officers, agents and employees and to require and compel such
municipality or such governing body or any such officers, agents or
employees to perform and carry out its and their duties and obligations
under sections 91.620 to 91.770 and its and their covenants and
agreements with bondholders;

(2) By action or suit in equity to require the municipality and the
governing body thereof to account as if they were the trustee of an
express trust;

(3) By action or suit in equity to enjoin any acts or things which may be
unlawful or in violation of the rights of the bondholders;

(4) Bring suit upon the bonds.

2. No right or remedy conferred by sections 91.620 to 91.770 upon any
holder of bonds, or any trustee therefor, is intended to be exclusive of
any other right or remedy, but each such right or remedy is cumulative
and in addition to every other right or remedy and may be exercised
without exhausting and without regard to any other remedy conferred by
sections 91.620 to 91.770 or by any other law. (L. 1941 p. 493 § 12)

Any governing body operating sewage disposal or waterworks as
defined in sections 91.620 to 91.770 or which as herein provided has
ordered the construction or acquisition of such works (in this section
called the owner) is hereby authorized to contract with one or more other
cities, towns or political subdivisions within the state (in this section
called the lessee), and such lessees are hereby authorized to enter into
such contracts with such owners, for the use of such works by such lessee
and their inhabitants, but only to the extent of the capacity of the
works without impairing the usefulness thereof to the owners, upon such
terms and conditions as may be fixed by the boards and approved by
ordinances of the respective contracting parties; provided, however, that
no such contract shall be made for a period of more than fifteen years or
in violation of the provisions of said ordinance authorizing bonds
hereunder or in violation of the provisions of said trust indenture. The
lessee shall by ordinance have power to establish, change and adjust
rates and charges for the service rendered therein by the works against
the owners of the premises served, in the manner herein provided for
establishing, changing and adjusting rates and charges for the service
rendered in the city or town where the works are owned and operated, and
such rates or charges shall be collectible and shall be a lien as herein
provided for rates and charges made by the owner. The necessary
intercepting sewers and appurtenant works for connecting the works of the
owner with the sewerage system of the lessee shall be constructed by the
owner or the lessee upon such terms and conditions as may be set forth in
said contract, and the cost or that part of the cost thereof which is to
be borne by the owner may be paid as a part of the cost of the works from
the proceeds of bonds issued under sections 91.620 to 91.770 unless
otherwise provided by said ordinance or trust indenture prior to the
issuance of the bonds. The income received by the owner under any such
contract shall, if so provided in said ordinance or trust indenture, be
deemed to be a part of the revenues of the works as in sections 91.620 to
91.770 defined and be applied as herein provided for the application of
such revenues. (L. 1941 p. 493 § 13)

The powers conferred by sections 91.620 to 91.770 shall be in
addition and supplemental to, and not in substitution for, and the
limitations imposed by sections 91.620 to 91.770 shall not affect the
powers conferred by any other general, special or local law or charter.
Bonds may be issued under sections 91.620 to 91.770 without regard to the
provisions of any other general, special or local law or charter. The
undertaking may be leased, acquired, purchased, constructed,
reconstructed, improved, bettered, and extended, and bonds may be issued
under sections 91.620 to 91.770 for said purposes, notwithstanding that
any general, special or local law or charter may provide for the leasing,
acquisition, purchase, construction, reconstruction, improvement,
betterment, and extension of a like undertaking, or the issuance of bonds
for like purposes, and without regard to the requirements, restrictions,
debt or other limitations or other provisions contained in any other
general, special or local law, or charter, including, but not limited to,
any requirement for the approval by the electors, taxpayers, or voters of
any municipality and any restriction or limitation on the incurring of
indebtedness or the issuance of bonds. Insofar as the provisions of
sections 91.620 to 91.770 are inconsistent with the provisions of any
other general, special, or local law, the provisions of sections 91.620
to 91.770 shall be controlling. (L. 1941 p. 493 § 14)

Any municipality as herein defined shall have power to purchase,
lease or condemn lands or other property, or interests therein, in the
name of the state, necessary and proper to enable it to carry out the
purposes of sections 91.620 to 91.770. If condemnation becomes necessary,
the municipalities shall have power to proceed to condemn such lands or
other property, or interests therein, in the name of the state, in
accordance with the provisions of law relating to condemnation
proceedings by railroad corporations insofar as same are applicable;
provided, however, that any municipality shall have power to require any
publicly or privately owned water system or sewer system service which is
now or may hereafter be authorized or ordered by the public service
commission only by contract with the owner thereof and with the approval
of the public service commission, and the provisions of sections 91.620
to 91.770 shall not be construed to authorize any such municipality to
acquire, by condemnation proceedings, any such water system or sewer
system service, or any other public utility service, now or hereafter
authorized or ordered by the public service commission. (L. 1941 p. 493 §
14a)

The term "rapid transit improvement", as used in sections 91.780
to 91.840, shall include every improvement for local public use in
connection with the transportation or movements of persons and, or
property, so designed as to eliminate interference with or by ordinary
travel upon the public highways and in public places, and located upon,
over, above, below, across, through or along any street, avenue, road,
highway, bridge, viaduct, public place, or private property within or
without the municipal corporate limits, including all subways, tunnels,
elevated highways and structures, walks, bridges, viaducts, surface
construction, approaches, loops, stations, entrances, exits, yards,
buildings, lands, rights-of-way or other easements, estates or interests
of land, which may be necessary, convenient or expedient for the proper
construction, equipment, maintenance or use of such rapid transit
improvement. Such rapid transit improvement, when municipally owned or
controlled, shall be deemed to be a public work and a local improvement.
(RSMo 1939 § 7774)

Prior revision: 1929 § 7634

All cities in this state having six hundred thousand or more
inhabitants are hereby authorized and empowered by ordinance to
establish, construct and own, to acquire by condemnation, purchase,
lease, or otherwise, and to contract for the construction, purchase,
lease or other acquisition, within and/or without their respective
corporate limits, and along such routes, and upon such terms and
conditions as they may deem best, of a rapid transit improvement as
herein defined, or any part thereof; and to use such rapid transit
improvement, or permit the same to be used, for the transportation or
movement of persons and/or property, and for the operation of cars,
motorbuses and other vehicles or means of transportation, public or
private, and for the laying of tracks, pipes, wires, cables, conduits,
and other equipment and appurtenances necessary and incident thereto,
used for public or private transportation. In all cases the use of
streets, avenues, roads, highways, places and lands, and the
rights-of-way through and interest in the same, for any of the purposes
of a rapid transit improvement as herein authorized and provided, shall
be considered, and is hereby declared to be a public use, consistent with
the uses for which the streets, avenues, roads, highways and public
places are publicly held. (RSMo 1939 § 7775)

Prior revision: 1929 § 7635

All such cities are hereby authorized and empowered to acquire
such rapid transit improvement, in whole or in part, by condemnation, and
shall have the power to assess benefits and damages, and collect and pay
therefor, in the manner that such cities may now or hereafter be
authorized to acquire real estate or other property, or rights of
interest therein, for public purposes. (RSMo 1939 § 7776)

Prior revision: 1929 § 7636

All such cities are hereby authorized and empowered to construct
such rapid transit improvement, or any part thereof, or cause the same to
be constructed, and to provide for the payment thereof, in part, by
special assessment, in the manner and to the effect that such cities may
now or hereafter be authorized to provide for special assessments for
local improvements. (RSMo 1939 § 7777)

Prior revision: 1929 § 7637

All such cities are hereby authorized and empowered, for the
purpose of acquiring, constructing, equipping, maintaining and extending
such rapid transit improvement, and paying therefor, in whole or in part,
to issue and sell public utility, public improvement, and general bonds.
The form and denomination of such bonds; the date of maturity or
maturities thereof; the rate of interest thereon and date and place of
payment; by what officers and in what manner they shall be executed and
attested; the place and method of payment, and the fund or funds out of
which payment shall be made, together with other provisions and
regulations concerning such bonds and not inconsistent herewith or
contrary to law, shall be prescribed by the ordinance authorizing the
particular issue. (RSMo 1939 § 7778)

Prior revision: 1929 § 7638

All such cities are hereby authorized and empowered to maintain
such rapid transit improvement so constructed or acquired, and every part
thereof; and to grant rights and interests in said rapid transit
improvement, or in any part thereof, for public use, to such parties and
upon such terms, and for such rentals and considerations, as such cities
may deem best. (RSMo 1939 § 7779)

Prior revision: 1929 § 7639

All such cities are hereby authorized and empowered by ordinance
to create and establish a rapid transit commission and determine the
number of members thereof, or, in lieu of such commission, create the
office of rapid transit commissioner; provide for the appointment and
removal of such commission or commissioner, prescribe their
qualifications, fix their term of office and compensation, define their
powers and duties, provide for the employment of assistants, and do all
other things necessary for the proper and efficient functioning of such
commissioner or commission, and for carrying out effectively the
provisions of sections 91.780 to 91.840. (RSMo 1939 § 7780)

Prior revision: 1929 § 7640

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