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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY
Chapter : Chapter 250 Sewerage Systems and Waterworks--City or District
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1. In addition to all powers granted by law and now possessed by
cities, towns and villages in this state for the protection of the public
health, any city, town or village, whether organized under the general
law or by special charter or constitutional charter, and any sewer
district organized under chapter 249, RSMo, or sections 204.250 to
204.470, RSMo, as those chapters now exist, or as they may be amended, is
hereby authorized to acquire, construct, improve or extend and to
maintain and operate a sewerage system and to provide funds for the
payment of the cost of such acquisition, construction, improvement or
extension and operation as hereinafter provided. Such sewerage system may
be constructed and operated either within or without the corporate
boundaries of any such city, town or village or sewer district, but if it
is within the corporate boundaries, it shall only be with the consent of
the respective city, town, village or sewer district.
2. When used in this chapter the term "sewerage system" shall mean and
include any or all of the following:
(1) Sewerage systems and sewerage treatment plants, with all
appurtenances necessary, useful, and convenient for the collection,
treatment, purification and disposal in a sanitary manner of the liquid
and solid waste, sewage, and domestic and industrial waste of any such
municipality; and
(2) Shall include combined storm water and sanitary systems;
(3) The term shall also mean and include the construction of such storm
water sewers as, in the judgment of the governing body of any such city,
town or village or sewer district, may be necessary or desirable in order
to relieve sewers carrying sanitary and storm water loads of undue loads
or in order to permit the efficient operation of any such sanitary sewers
for the collection, treatment and disposal of sewage and domestic or
industrial waste including combined storms and sanitary sewerage system.
(L. 1951 p. 638 § 1, A.L. 1983 H.B. 371)
(1952) Sections 250.010 to 250.250, RSMo, and ordinances passed in
conformity thereto including ordinance authorizing issuance of revenue
bonds for improving and extending combined waterworks and sewerage
system, held valid as against attack on ground of violation of §§ 15, 26
and 27, Art. VI, § 10, Art. I and § 40, Art. III of the constitution.
City of Maryville v. Cushman, 363 Mo. 87, 249 S.W.2d 347.
Any such city, town or village is hereby authorized to acquire,
construct, improve or extend, maintain and operate a combined waterworks
and sewerage system. Any such combined waterworks and sewerage system may
consist of an existing sewerage system, and existing waterworks, a
sewerage system to be acquired or to be constructed or a waterworks to be
acquired or constructed or any combination thereof and may include any
improvements or extensions to be acquired or constructed either to an
existing sewerage system or to an existing waterworks or to both. (L.
1951 p. 638 § 2)
If any city, town or village which has heretofore established or
which may hereafter establish a board of public works under the
provisions of sections 91.450 to 91.540, RSMo, shall combine its
waterworks and sewerage system pursuant to the provisions of sections
250.020 and 250.030, said city, town or village may by ordinance vest in
said board of public works during the existence of said board the power
and duty to take charge of and exercise control over said combined
waterworks and sewerage system and thereafter said board shall have all
of the powers and duties respecting said combined waterworks and sewerage
system which are vested in said board with respect to the waterworks of
said city under the provisions of sections 91.450 to 91.540, RSMo. (L.
1953 p. 548 § 1)
Any such city, town or village desiring to operate and maintain
a combined waterworks and sewerage system shall adopt an ordinance
declaring that its waterworks whether then existing or to be acquired or
constructed and its sewerage system then existing or to be acquired or
constructed shall thenceforth be operated and maintained as a combined
waterworks and sewerage system and may provide that such combined system
shall include all future improvements or extensions, whether to the
waterworks or to the sewerage system or to both. (L. 1951 p. 638 § 3)
The cost to any such city, town or village of acquiring,
constructing, improving or extending a sewerage system or a combined
waterworks and sewerage system may be met:
(1) Through the expenditure by any such city, town or village of any
funds available for that purpose;
(2) Through the issuance of bonds for that purpose of the city, town or
village payable from taxes to be levied by such city, town or village;
(3) From the proceeds of special assessments levied and collected in
accordance with law;
(4) From any other funds which may be obtained under any law of the state
or of the United States for that purpose; or
(5) From the proceeds of revenue bonds of such city, town or village,
payable solely from the revenues to be derived from the operation of such
sewerage system or combined waterworks and sewerage system or from any
combination of any or all such methods of providing funds. (L. 1951 p.
638 § 4)
The cost to any such sewer district of acquiring, constructing,
improving or extending a sewerage system may be met:
(1) Through the expenditure by any such sewer district of any funds
available for that purpose;
(2) Through the issuance of bonds for that purpose of the sewer district,
payable from taxes to be levied and collected by such district;
(3) From any other funds which may be obtained under any law of the state
or of the United States for that purpose; or
(4) From the proceeds of revenue bonds of such sewer district, payable
solely from the revenues to be derived from the operation of such
sewerage system or from any combination or all such methods of providing
funds. (L. 1951 p. 638 § 5)
1. Bonds of any such sewer district, payable from taxes, may be
issued for the purpose of improving and extending the sewerage system of
the district upon the approval of a proposition to issue such bonds by
the constitutionally required percentage of the voters voting on the
question.
2. The question shall be submitted in substantially the following form:
Shall ......... (name of city or district) issue bonds payable from taxes?
3. Before any sewer district shall incur any indebtedness evidenced by
bonds payable from taxes as hereby authorized, such sewer district shall
provide for the collection of an annual tax on all taxable tangible
property therein sufficient to pay the interest and principal of the
indebtedness as they fall due and to retire the same within twenty years
from the date contracted. (L. 1951 p. 638 § 5, A.L. 1978 H.B. 971, A.L.
1990 H.B. 1621)
1. No such city, town or village or sewer district shall issue
or deliver any bonds for the purpose of acquiring, constructing,
improving or extending any such sewerage system or combined waterworks
and sewerage system payable from the revenues to be derived from the
operation of any such system unless a proposition to issue such bonds
shall have received the assent of a majority of the voters of such city,
town or village or the assent of four-sevenths of the voters of the sewer
district, who shall vote on the question.
2. The question shall be submitted in substantially the following form:
Shall......... (name of city, town, village, or district) issue revenue
bonds in the amount of ......... dollars? (L. 1951 p. 638 § 6, A.L. 1975
H.B. 947, A.L. 1978 H.B. 971)
1. Revenue bonds authorized at an election held as hereinabove
provided shall be issued by authority of an ordinance adopted by the
governing body of any such city, town or village or of a resolution
adopted by the governing body of any such district. Such ordinance or
resolution shall recite that an estimate of the cost of the proposed
acquisition, construction, improvement or extension has been made and
shall set out such estimated cost; it shall set out the amount of the
bonds proposed to be issued, their purpose or purposes, their date or
dates, denomination or denominations, rate or rates of interest, time or
times of payment, both of principal and of interest, place or places of
payment and all other details in connection with the bonds.
2. Any such bonds may be subject to such provision for redemption prior
to maturity, with or without premium, and at such times and upon such
conditions as may be provided by the governing body of the city, town or
village or sewer district.
3. Such bonds shall bear interest at a rate in accordance with section
108.170, RSMo, and shall mature over a period not exceeding thirty-five
years from the date thereof. Any provision of law to the contrary,
notwithstanding, any and all bonds authorized pursuant to this chapter
shall possess all the qualities of negotiable instruments under the
negotiable instruments act.
4. Such bonds may be payable to bearer, may be registered or coupon bonds
and if payable to bearer may contain such registration privileges as to
either principal and interest, or principal only, as may be provided in
the ordinance or resolution authorizing such bonds.
5. Such bonds and the coupons to be attached thereto, if any, shall be
signed in such manner and by such officers as may be directed by
ordinance or resolution. Bonds signed by an officer who shall hold the
office at the time the bonds are signed shall be deemed validly and
effectually signed for all purposes, regardless of whether or not any
such officer shall cease to hold his office prior to the delivery of the
bonds and regardless of whether or not any such officer shall have held
or shall not have held such office on the date ascribed to such bonds.
6. Any such bonds shall be sold in such manner and upon such terms as the
governing authority of the town, city or village or the governing body of
such sewer district shall determine, but such bonds shall not be sold for
less than ninety cents on the dollar nor shall they be sold at such a
price that the interest cost upon the actual proceeds of such bonds from
the date thereof to their maturity shall exceed a rate in accordance with
section 108.170, RSMo. Such ordinance or resolution may provide that
certain bonds authorized thereby shall be junior or subordinate in any or
all respects to other revenue bonds authorized concurrently therewith or
prior to or after such bonds. (L. 1951 p. 638 § 7, A.L. 1983 H.B. 371)
Revenue bonds issued under authority of this chapter shall be
payable solely from the revenues derived and to be derived from the
operation of the sewerage system or combined waterworks and sewerage
system acquired, constructed, improved or extended in whole or in part
from the proceeds of such bonds. No revenue bonds issued pursuant to this
chapter shall constitute an indebtedness of the city, town or village or
sewer district within the meaning of any constitutional, statutory or
charter restriction, limitation or provision. The face of each bond shall
state in substance that the bond has been issued under the provisions of
this chapter, that the taxing power of the city, town or village or sewer
district issuing the bond is not pledged to the payment thereof either as
to principal or interest and that the bond and the interest thereon are
payable solely from the revenues of the sewerage system or combined
waterworks and sewerage system for the benefit of which the bond was
issued. (L. 1951 p. 638 § 8)
Any such city, town or village shall have the power, subject to
a favorable vote at an election called and held as herein provided, to
issue revenue bonds for the improvement or extension or both of its
existing waterworks or its existing sewerage system or its existing
combined waterworks and sewerage system for the purpose of serving a
particular locality, and such revenue bonds may be payable from the
revenues derived or to be derived from the operation of the entire
waterworks or sewerage system of the city, town or village or the entire
combined waterworks and sewerage system or may be payable from the
revenues to be derived from the operation of the waterworks, sewerage
system or combined waterworks and sewerage system in such particular
locality, as may be set forth in the proposition submitted at said
election, provided, however, that the pledge of such revenues shall be
subject to any prior pledge thereof. (L. 1951 p. 638 § 9)
Any such sewer district shall have the power, subject to a
favorable vote at an election called and held as herein provided, to
issue revenue bonds for the improvement or extension or both of the
existing sewerage system for the purpose of serving a particular
locality, and such revenue bonds may be payable from the revenues derived
or to be derived from the operation of the entire sewerage system of the
district or may be payable from the revenues to be derived from the
operation of the sewerage system in such particular locality as may be
set forth in the proposition submitted at said election, provided,
however, that the pledge of such revenues shall be subject to any prior
pledge thereof. (L. 1951 p. 638 § 10)
(1987) "Such sewerage facilities" held to mean those facilities which
will be acquired, constructed, improved, or extended. Beatty v.
Metropolitan Sewer District, 731 S.W.2d 318 (Mo.App.E.D.).
1. It shall be the mandatory duty of any city, town or village
or sewer district which shall issue revenue bonds pursuant to this
chapter to fix and maintain rates and make and collect charges for the
use and services of the system for the benefit of which such revenue
bonds were issued, sufficient to pay the cost of maintenance and
operation thereof, to pay the principal of and the interest on all
revenue bonds or other obligations issued or incurred by such city, town
or village or sewer district chargeable to the revenues of such system
and to provide funds ample to meet all valid and reasonable requirements
of the ordinance or resolution by which such revenue bonds have been
issued. Such rates shall be from time to time revised so as fully to meet
the requirements of this chapter. As long as any bond so issued or the
interest thereon shall remain outstanding and unpaid, rates and charges
sufficient to meet the requirements of this section shall be maintained
and collected by the city, town or village or sewer district which shall
have issued such bonds.
2. Such rates shall be fixed and charged regardless of whether or not the
services of the system shall previously have been rendered without charge
therefor by the previously existing waterworks system, sewerage system or
combined waterworks and sewerage system and regardless of how the
acquisition of such system shall have been financed, whether by taxation,
special assessment, the issuance of bonds or otherwise.
3. If the system shall be a combined waterworks and sewerage system,
rates and charges may be established, fixed and collected for water
services only, for sewer services only or for both services combined and,
in such case, the city, town or village shall be and is hereby authorized
to discontinue water service upon any failure to pay within a reasonable
time the charges fixed for either water service or sewer service or for
both services combined.
4. It shall be lawful for any such city, town or village or sewer
district to base its sewerage rates in whole or in part upon the amount
of water supplied to the premises charged for sewerage services by any
private water company; in such case it shall be the duty of such private
water company to furnish to such city, town or village or sewer district
such information as is necessary to calculate its charges for sewerage
service. (L. 1951 p. 638 § 11)
(1952) City has power to enact ordinance requiring that rates sufficient
to pay bonds will be established and maintained and also to agree to
require property owners to make connections into city sewerage system
where sewerage service is available. City of Sikeston v. Sisson, 363 Mo.
104, 249 S.W.2d 345.
1. Whenever any such city, town or village or sewer district
shall authorize and issue revenue bonds pursuant to this chapter an
amount sufficient for the purpose of the net revenues of the sewerage
system or of the combined system for the benefit of which such bonds are
issued shall by operation of this chapter be pledged to the payment of
the principal of and the interest on such bonds as the same shall mature
and accrue.
2. The term "net revenues" shall be construed to mean all revenues
derived from the operation of such system less the actual and necessary
expenses of operation and maintenance of the system.
3. It shall be the mandatory duty of the officials of any such city, town
or village or sewer district charged with the custody and management of
the revenues to be derived from the operation of such system to provide
for the prompt payment from such revenues of the principal of and the
interest on any such revenue bonds as the same shall mature and accrue.
(L. 1951 p. 638 § 13)
1. Sewerage services, water services, or water and sewerage
services combined shall be deemed to be furnished to both the occupant
and owner of the premises receiving such service and, except as otherwise
provided in subsection 2 of this section, the city, town, village, or
sewer district or water supply district organized and incorporated under
chapter 247, RSMo, rendering such services shall have power to sue the
occupant or owner, or both, of such real estate in a civil action to
recover any sums due for such services less any deposit that is held by
the city, town, village, or sewer district or water supply district
organized and incorporated under chapter 247, RSMo, for such services,
plus a reasonable attorney's fee to be fixed by the court.
2. When the occupant is delinquent in payment for thirty days, the city,
town, village, sewer district, or water supply district shall make a good
faith effort to notify the owner of the premises receiving such service
of the delinquency and the amount thereof. Notwithstanding any other
provision of this section to the contrary, when an occupant is delinquent
more than ninety days, the owner shall not be liable for sums due for
more than ninety days of service; provided, however, that in any city not
within a county and any home rule city with more than four hundred
thousand inhabitants and located in more than one county, until January
1, 2007, when an occupant is delinquent more than one hundred twenty days
the owner shall not be liable for sums due for more than one hundred
twenty days of service, and after January 1, 2007, when an occupant is
delinquent more than ninety days the owner shall not be liable for sums
due for more than ninety days. Any notice of termination of service shall
be sent to both the occupant and owner of the premises receiving such
service.
3. The provisions of this section shall apply only to residences that
have their own private water and sewer lines. In instances where several
residences share a common water or sewer line, the owner of the real
property upon which the residences sit shall be liable for water and
sewer expenses.
4. Notwithstanding any other provision of law to the contrary, any water
provider who terminates service due to delinquency of payment by a
consumer shall not be liable for any civil or criminal damages.
5. The provisions of this section shall not apply to unapplied-for
utility services. As used in this subsection, "unapplied-for utility
services" means services requiring application by the property owner and
acceptance of such application by the utility prior to the establishment
of an account. The property owner is billed directly for the services
provided, and as a result, any delinquent payment of a bill becomes the
responsibility of the property owner rather than the occupant. (L. 1951
p. 638 § 12, A.L. 2002 S.B. 932, A.L. 2005 H.B. 58 merged with S.B. 210)
1. Whenever any such city, town or village or sewer district
shall establish and collect rates and charges for the services of any
sewerage system or any combined waterworks and sewerage system it shall
be the mandatory duty of such city, town or village, or sewer district
and of the proper officials thereof:
(1) To segregate the revenues derived from the operation of such system
from all other revenues or funds of such city, town or village or sewer
district; to hold such funds separate and distinct from all other funds
thereof and, if such funds shall be deposited in any bank, to maintain
such deposits as an account separate and distinct from all other bank
accounts thereof.
(2) Such revenues shall be devoted, first, to the payment of the expenses
of operating and maintaining such system; second, to the payment of any
and all bonds or other obligations payable from such revenues; third, to
the establishment of a proper depreciation reserve for the benefit of
such system; fourth, to the fulfillment of any covenants or agreements
contained in any ordinance which may have authorized outstanding revenue
bonds issued for the benefit of such system and, fifth, for the payment
of the cost of improvements and extensions to such system.
(3) To install and maintain proper books of records and accounts
(entirely separate from all other records and accounts of the city, town
or village or sewer district) in which correct entries shall be made of
all dealings or transactions of or in relation to the properties,
business and affairs of the sewerage system or of the combined waterworks
and sewerage system. Such accounts shall show the amount of revenues
received from the system, the application of such revenues and all
financial transactions in connection therewith. At least once a year such
accounts shall be audited properly by a public accountant employed for
that purpose to be paid from the revenues received from the system. Such
audits shall at all times, during usual business hours, be open to the
examination and inspection by any taxpayer, any user of the services of
the system or any holder of any bonds issued pursuant to this chapter or
by anyone acting for or on behalf of any such taxpayer, user or
bondholder. Such books of records and accounts and such audits shall
conform to any reasonable and valid covenant or agreement with respect
thereto set out in any ordinance which may authorize the issuance of
bonds pursuant to this chapter.
(4) To perform all duties with respect to the operation of any such
sewerage system or combined waterworks and sewerage system or with
respect to the revenues derived or to be derived from the operation
thereof imposed by law or set out in any reasonable and valid covenant
and agreement contained in any ordinance which shall authorize the
issuance of revenue bonds under this chapter.
2. No transfer of any funds derived from the operation of any sewerage
system or combined waterworks and sewerage system to any other funds of
the city, town or village or sewer district shall be made except by
action of the governing body thereof and no such transfer shall be made
unless all expenses of operation and maintenance of said system shall
have been paid, unless the principal of and the interest on all bonds due
at the time of said transfer shall have been paid, and unless all
covenants and agreements requiring the payment of money, set out in the
ordinance authorizing any outstanding revenue bonds shall have been met
and unless all obligations requiring the payment of money payable from
such revenues then due shall have been met. No payments of any
indebtedness or expenses incurred by any such city, town or village or
sewer district other than those above stated in subdivision (2) shall be
made from the revenues derived from the operation of any such system
unless such revenues shall have been transferred to other funds of the
city, town or village or sewer district under the conditions prescribed
by this subsection. (L. 1951 p. 638 § 14)
1. It shall be lawful for any ordinance authorizing the issuance
of revenue bonds under the authority of this chapter to provide that
periodic allocations of the revenues to be derived from the operation of
the system for the benefit of which such bonds are issued shall be made
into such separate accounts as shall be deemed to be advisable to assure
the proper operation and maintenance of the system and the prompt payment
of the indebtedness chargeable to the revenues of such system. Such
accounts may include, but shall not be limited to:
(1) An account for the purpose of providing funds for the operation and
maintenance of the system;
(2) An account to provide funds for the payment of the bonds as to
principal and interest as they come due;
(3) An account to provide an adequate reserve for depreciation, to be
expended for replacements of said system;
(4) An account for the accumulation of a reserve to assure the prompt
payment of the bonds and the interest thereon whenever and to the extent
that other funds are not available for the purpose;
(5) An account to provide funds for contingent expenses in the operation
of such system;
(6) An account to provide for the accumulation of funds for the
construction of extensions and improvements to the system; and
(7) Such other accounts as may be desirable in the judgment of the
governing body of such city, town or village or sewer district.
2. It shall be lawful for any city, town or village or sewer district to
provide that the sums to be held in any account for the payment of any
bonds or the interest thereon or for the establishment of any reserve for
that purpose may be held in deposit in a bank or trust company located
within or without this state as a trust account for the payment of the
bonds and the interest thereon.
3. Such ordinance may establish such limitations as may be expedient upon
the issuance of additional bonds, payable from the revenues of the
system, or upon the rights of the holders of such additional bonds. Such
ordinance may include other agreements with the holders of the bonds or
covenants or restrictions necessary or desirable to safeguard the
interests of the bondholder and to secure the payment of the bonds and
the interest thereon. (L. 1951 p. 638 § 15)
1. The holder of any bond authorized pursuant to this chapter or
of any coupon representing interest accrued thereon may, by a civil
action either at law or in equity, by mandamus, injunction or otherwise,
compel any city, town or village or sewer district, which may have
authorized bonds under this chapter or the officials thereof to perform
all duties imposed upon such city, town or village or sewer district or
upon such officials by the provisions of the ordinance authorizing such
bonds or otherwise imposed by law, including the continued operation of
the sewerage system or of the combined waterworks and sewerage system,
the fixing and collecting of sufficient rates and charges for the
services thereof, the segregation and allocation and disposition of the
revenues derived from such system, the payment of any bonds chargeable to
the revenues of such system or the interest thereon and the performance
of any valid and reasonable covenant set out in the ordinance authorizing
any such bonds.
2. Such suit or action at law or in equity shall lie regardless of
whether or not any bond or the interest thereon shall at the time of the
filing of such suit be in default in the event that such city, town or
village or sewer district or any official thereof shall have neglected or
failed to perform any material duty imposed by law or by any valid and
reasonable covenant set out in the ordinance authorizing any outstanding
bonds pursuant to this chapter. (L. 1951 p. 638 § 16)
Any such city, town or village or sewer district operating a
sewerage system or a combined waterworks and sewerage system under this
chapter shall have power to supply water services or sewerage services or
both such services to premises situated outside its corporate boundaries
and for that purpose to extend and improve its sewerage system or its
combined waterworks and sewerage system. Rates charged for sewerage
services or water services to premises outside the corporate boundaries
may exceed those charged for such services to premises within the
corporate limits. (L. 1951 p. 638 § 18)
(1976) Held, this section authorizes a city to extend its sewer or water
lines beyond its limits. Mo. Cities Water Co. v. City of St. Peters
(Mo.), 534 S.W.2d 38.
1. Whenever any such city, town or village, which shall embrace
within its corporate limits any territory situated in a sewer district
directly served by the sewerage system of such city, town or village,
shall issue revenue bonds under this chapter, rates and charges for the
services of the sewerage system or combined water and sewerage system of
such city, town or village shall be imposed and collected against each
such lot, parcel of land or premises which shall have any active sewer
connection with the sewerage system of such city, town or village,
regardless of whether the sewerage or domestic or industrial waste from*
such lot, parcel of land or premises is carried also by the sewer lines
or facilities of the sewer district.
2. Whenever any such sewer district, which shall embrace within its
corporate limits any territory situated in a city, town or village, shall
issue revenue bonds under this chapter, rates and charges for the
services of the sewerage system of such sewer district shall be imposed
and collected against each such lot, parcel of land or premises which
shall have any active sewer connection with the sewerage system of such
sewer district, regardless of whether the sewerage or domestic or
industrial waste from* such lot, parcel of ground or premises is carried
also by the sewer lines or facilities of such city, town or village.
3. Provided that no lot, parcel of land or premises shall be charged for
sewerage services by both such city, town or village and such sewer
district; the rates and charges first imposed by any such political
subdivision shall exclude rates and charges later imposed by the other
subdivision. (L. 1951 p. 638 § 19)
*Words "waste from" substituted for "was to form" in enrolled bill.
Any such sewer district may contribute funds, including the
proceeds of its bonds, payable from taxes to any such city, town or
village for the purpose of paying the cost of the acquisition,
construction, extension or improvement of a sewerage system by such city,
town or village; any funds so contributed by such sewer district shall be
expended by the governing authorities of such city, town or village. (L.
1951 p. 638 § 20)
CROSS REFERENCE: Powers of county commission when sewer district includes
city and bonds issued, RSMo 249.667
Any two or more municipalities through their respective
governing bodies are hereby authorized and empowered to enter into and
perform such contracts and agreements as they may deem proper for or
concerning the planning, construction, lease or other acquisition and the
financing of sewerage facilities, including facilities for the disposal
of sewage and the maintenance and operation thereof. Any such
municipalities so contracting with each other may also provide in any
contract or agreement for a board, commission or such other body as their
governing bodies may deem proper for the supervision and general
management of the sewerage facilities and for the operation thereof, and
may prescribe its powers and duties and fix the compensation of the
members thereof. (L. 1951 p. 638 § 21)
When determined by its governing body to be in the public
interest and necessary for the protection of the public health, any
municipality is authorized to enter into and perform contracts, whether
long-term or short-term, with any industrial establishment for the
provision and operation by the municipality of sewerage facilities to
abate or reduce the pollution of waters caused by discharges of
industrial wastes by the industrial establishment and the payment
periodically by the industrial establishment to the municipality of
amounts at least sufficient, in the determination of such governing body,
to compensate the municipality for the cost of providing (including
payment of principal and interest charges, if any), and of operating and
maintaining the sewerage facilities serving such industrial
establishment. (L. 1951 p. 638 § 22)
Any city, town or village operating a waterworks or sewer system
shall have all of the powers necessary and convenient to provide for the
operation, maintenance, administration and regulation, including the
adoption of rules and regulations, of any individual home or business
sewerage systems within its jurisdiction. (L. 1983 H.B. 371)
Any city, town or village operating a sewerage system or
waterworks that has the power to condemn land or other property within
the city, town or village for right-of-way for trunk sewers or for any
other improvement or structure deemed necessary or advisable in
connection with the sewerage and treatment system shall also have the
authority to enter upon private lands to survey land or other property
before exercise of the condemnation powers. (L. 1983 H.B. 371)
Any city, town or village operating a sewerage system or
waterworks may establish, make and collect charges for sewerage services,
including tap-on fees. The charges may be set as a flat fee or based upon
the amount of water supplied to the premises and shall be in addition to
those charges which may be levied and collected for maintenance, repair
and administration, including debt service expenses. Any private water
company or public water supply district supplying water to the premises
located within said city, town or village shall, at reasonable charge
upon reasonable request, make available to such city, town or village its
records and books so that such city, town or village may obtain therefrom
such data as may be necessary to calculate the charges for sewer service.
Prior to establishing any such sewer charges, public hearings shall be
held thereon and at least thirty days' notice shall be given thereof. (L.
1983 H.B. 371)
(1991) Duty to provide at least thirty days' notice of public hearings to
establish sewer charges requires city to use traditionally accepted
procedures of publishing legal notices in newspaper of general
circulation. The attention of the local media does not substitute for the
notice required by this section. City of Lexington v. Seaton, 819 S.W.2d
753 (Mo. App.).
Any user charges, connection fees, or other charges levied by
any city, town or village shall be due at such time or times as specified
by the governing board of the city, town or village and shall, if not
paid by the due date, become delinquent and shall bear interest from the
date of delinquency until paid. If such charges become delinquent they
shall be a lien upon any land within the corporate limits of the city,
town or village so charged, upon the governing board filing with the
recorder of deeds in the county where the land is situated a notice of
delinquency. The governing board shall file with the recorder of deeds a
similar notice when the delinquent amounts, plus interest and any
recording fees or attorneys' fees, have been paid in full. The lien
hereby created may be enforced by suit or foreclosure. (L. 1983 H.B. 371)
1. Any city, town or village may contract with a private or
public water company to terminate water services, at the direction of the
city, because a customer fails to pay his sewer bill. When charges for
sewer services are in arrears for more than three months and after the
city sends notice to the customer by certified mail, the city may
disconnect the customer's sewer line or request in writing that the
private or public water company discontinue water service until such time
as the sewer charges and all related costs are paid.
2. A private or public water company acting pursuant to a written request
from the city as provided in subsection 1 of this section is not liable
for damages related to termination of water services. All costs related
to disconnection and reconnections shall be reimbursed to the private
water company by the city. (L. 1992 S.B. 470 & 497 § 1, A.L. 2001 H.B.
501)
It is the purpose of this chapter to enable cities, towns and
villages and sewer districts to protect the public health and welfare by
preventing or abating the pollution of water and creating means for
supplying wholesome water, and to these ends every such municipality and
sewer district shall have the power to do all things necessary or
convenient to carry out such purpose, in addition to the powers conferred
in this chapter. This chapter is remedial in nature and the powers hereby
granted shall be liberally construed. (L. 1951 p. 638 § 23)
This chapter shall be construed as a cumulative and additional
grant of power to cities, towns and villages and shall not be construed
to repeal or modify any other act or statute nor shall it be construed to
repeal or modify any power granted by the Constitution or statutes of the
state of Missouri or by any special charter or constitutional charter.
This chapter, without reference to any other chapter, shall be deemed
sufficient authority for the exercise of any powers granted herein, and
all powers necessary to effectuate the purposes of this chapter shall be
deemed to be granted hereby. (L. 1951 p. 638 § 24)
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