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2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.430 - Gas storage company may exercise eminent domain — purposes — procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.430. Gas storage company may exercise eminent domain — purposes — procedure. —
Subject to the limitations and provisions provided in sections 393.410 to 393.510, any gas storage company may acquire by condemnation land or interests in land, necessary or convenient to its operations as a gas storage company, including, but without limiting the generality of the foregoing, the following operations, to wit: Such operations, including the drilling of test holes or wells, as may be necessary or convenient to determine the suitability of a geological stratum or strata, formation or formations for the underground storage of gas (and for this purpose temporary licenses may be acquired by condemnation hereunder); the laying, operation and maintenance of pipes and pipelines necessary or convenient for the transportation of gas to the place of underground storage from the source of such gas; the preparation, establishment, maintenance, utilization and operation of the underground storage reservoir for the underground storage of gas and the injection of gas into such underground storage reservoir and the withdrawal thereof therefrom; the laying, operation and maintenance of pipes and pipelines necessary or convenient for the transportation of gas from the place of underground storage to any other place; the installation, operation and maintenance of any and all facilities and equipment necessary or convenient in connection with any of the foregoing operations. Any gas storage company desiring to acquire by condemnation land or any interest therein, or a temporary license pursuant to this section, may to that end proceed as provided by, and subject to, the provisions of chapter 523, the provisions of which chapter are hereby made applicable in such case, but subject, further, to the limitations and provisions provided in sections 393.410 to 393.510.
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(L. 1953 p. 513 § 4)
(1956) In action to condemn lands for gas storage under §§ 393.410 to 393.510, owners of lands adjoining those sought to be condemned did not have right to intervene because only damage they could suffer would result from use of condemned lands and not from condemnation. Laclede Gas Co. v. Abrahamson (Mo.), 296 S.W.2d 100.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.440 - Powers not to be exercised until approved by public service commission.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.440. Powers not to be exercised until approved by public service commission. —
None of the following rights, to wit:
(1) The right to condemn any stratum or formation for the purpose of utilization thereof for the underground storage of gas, or
(2) The right to proceed as in cases of condemnation provided for by section 393.420, or
(3) The right to acquire by condemnation temporary licenses pursuant to section 393.430 may be exercised by any gas storage company unless such company shall have first obtained an order from the public service commission finding that the exercise of such rights by such company will be in the public interest. Such order shall be made after hearing, and shall be effective, and subject to application for rehearing and to judicial review, as in the case of other orders of the public service commission.
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(L. 1953 p. 513 § 10)
(1956) Evidence held to justify authorization of condemnation proceeding by public service commission. Collins v. Pub. Serv. Comm., 365 Mo. 1086, 293 S.W.2d 345.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.450 - Buildings not to be condemned.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.450. Buildings not to be condemned. —
No gas storage company shall, by virtue of sections 393.410 to 393.510, be authorized to enter, appropriate or condemn any dwelling, barn, store, warehouse or other building.
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(L. 1953 p. 513 § 7)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.460 - Strata and formations not subject to condemnation.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.460. Strata and formations not subject to condemnation. —
No stratum or formation lying less than five hundred feet below the surface, and no stratum or formation containing potable water conforming to the mineral content standards of the United States Public Health Service, and no stratum or formation containing natural gas or oil producible through primary production methods in commercially paying quantities or producing domestic supplies of natural gas or oil, and no stratum or formation containing coal or the ores of lead, zinc, iron, copper, barium, or any precious mineral, producible on a commercially paying basis, shall be subject to be condemned for utilization for the underground storage of gas therein.
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(L. 1953 p. 513 § 5)
(1956) Law held not discriminatory because not allowing condemnation of formations containing potable waters. Collins v. Public Serv. Comm., 365 Mo. 1086, 293 S.W.2d 345.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.470 - Limitation on condemnation of property held for public uses.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.470. Limitation on condemnation of property held for public uses. —
In case the lands sought to be condemned pursuant to sections 393.410 to 393.510 are held by any corporation, the right to condemn the same pursuant to sections 393.410 to 393.510 shall be limited to such use as shall not materially interfere with the public uses to which, by law, such corporation is authorized to put said lands.
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(L. 1953 p. 513 § 8)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.480 - Law not to restrict other powers of eminent domain.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.480. Law not to restrict other powers of eminent domain. —
Nothing herein contained shall limit or impair any right to exercise the power of eminent domain which may be vested in any gas storage company by any other law.
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(L. 1953 p. 513 § 9)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.490 - Rights of owner of land in condemned strata.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.490. Rights of owner of land in condemned strata. —
Any and all rights to utilize any strata or formations, underlying any land, for the underground storage of gas, which are acquired by any gas storage company by condemnation pursuant to section 393.430 or by proceeding as in cases of condemnation pursuant to section 393.420, shall be subject to the right of the owner of such land or of other rights or interests therein, to drill, bore or sink shafts through such strata or formations, for the purpose of exploring for or recovering oil, gas or other minerals from other strata or formations, in such manner as will not hamper or impair the operation of the gas storage reservoir, or result in the pollution of gas stored therein, or permit the escape of any gas therefrom.
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(L. 1953 p. 513 § 6)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.500 - Gas in underground storage personal property.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.500. Gas in underground storage personal property. —
Whenever gas belonging to any person or corporation is injected into underground storage, it shall, unless and until it be abandoned by the owner thereof, be and remain personal property and the property of the owner thereof, and shall not be subject to production, taking, reduction to possession, waste or interference by the owner of the surface of the land under which the gas storage company has obtained the right to store gas, or by any person whomsoever except the owner thereof and persons acting by his authority; provided nothing herein contained shall apply to a person under whose land gas may be stored without the gas storage company having obtained the right to store gas.
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(L. 1953 p. 513 § 2)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.510 - Limitations to begin, when — cause deemed to accrue, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.510. Limitations to begin, when — cause deemed to accrue, when. —
In civil actions arising under or by virtue of sections 393.410 to 393.510, and by virtue of the powers herein authorized, the statute of limitations shall not begin to run against any right or cause of action until the right or cause of action shall have accrued; provided that for the purposes of sections 393.410 to 393.510 the right or cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained.
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(L. 1953 p. 513 § 10A)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.550 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1986
393.550. Definitions. —
As used in sections 393.550 to 393.565, the following terms mean:
(1)
"Access demand notice"
, the notice required by section 393.553;
(2)
"Denial of access"
, a failure or refusal by a utility customer in default to enable a utility company having a need for access to its utility meter to gain such access;
(3)
"Need for access"
, the desire to obtain access for the purpose of terminating the supply of electricity, gas or water to a utility customer when:
(a) Such customer has failed to pay lawful charges for one or more of such utility services at the residence for such a period of time that the utility company seeking access has lawfully provided to such customer a written notice that the utility service provided by such utility company is subject to termination in accordance with then applicable laws and regulations, and while the cause for such notice still exists; and
(b) Utility service cannot be terminated to such customer without access to such customer's utility meter, except by terminating utility service to one or more other customers at the residence who are not subject to termination of utility service for failure to pay lawful charges for utility service;
(4)
"Residence"
, a multifamily residential dwelling;
(5)
"Utility company"
, an electrical corporation, a gas corporation or a water corporation subject to the jurisdiction, control and regulation of the Missouri public service commission and to the provisions of chapter 386;
(6)
"Utility customer in default"
, a utility customer who has failed to pay lawful charges for utility services at the residence for the period of time referred to in paragraph (a) of subdivision (3) of this section;
(7)
"Utility meter"
, the meter and any other property connected with the meter which are owned by the utility company.
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(L. 1986 H.B. 1422 § 1)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.553 - Written demand, notice, contents, refusal of access deemed denial of access, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1986
393.553. Written demand, notice, contents, refusal of access deemed denial of access, when. —
Whenever there exists a need for access, as defined in subdivision (3) of section 393.550, to a utility meter, the utility company may make demand, by written notice, upon the utility customer in default for access to the utility meter. Such notice shall state that:
(1) The utility company is the owner of the utility meter at the residence;
(2) The utility company seeks access to the utility meter based upon a need for access as described in subdivision (3) of section 393.550; and
(3) If access to the utility meter is not provided within ten days of the date of the access demand notice, an action may be instituted by the utility company.
­­If access to the utility meter is not provided to the utility company within ten days of the date of the access demand notice, such refusal shall constitute a denial of access.
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(L. 1986 H.B. 1422 § 2)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.557 - Final order of access, exception — bond, amount — hearing.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1986
393.557. Final order of access, exception — bond, amount — hearing. —
1. The initial access order shall become a final order of access under section 393.555 unless the utility customer in default posts a bond which must be:
(1) Approved by and filed with the court within the time specified by the initial access order; and
(2) In sufficient amount, form and with appropriate security, to protect the utility company against all losses and expenses which the utility company may suffer by reason of the delay in obtaining access, including, but not limited to, the posting of adequate security to cover all charges by the utility company which may accrue during the pendency of the hearing referred to in subsection 2 of this section.
­­If such bond is provided to the court and approved by the court, the utility customer in default filing such bond shall be entitled to a hearing pursuant to subsection 2 of this section, which hearing shall be a hearing on the record under procedures applicable before circuit judges, and shall be held and decided within twenty days of the posting of the bond.
2. At a hearing on the delivery of access to the utility meter, each party may present proofs. In order to prevail, the utility company must establish that it reasonably requires access to the utility meter based upon a need for access as described in subdivision (3) of section 393.550. If the utility company so establishes, the initial access order shall be automatically reinstated and immediately become a final order of access. The utility customer in default and the utility company shall respectively have the opportunity to present evidence to the court, and to cross-examine any or all witnesses of the other party.
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(L. 1986 H.B. 1422 § 4)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.559 - Access, with sheriff, expenses of sheriff.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1986
393.559. Access, with sheriff, expenses of sheriff. —
When the sheriff receives a final order of access as described in section 393.555 or 393.557, he shall immediately deliver and grant the utility company access to the utility meter by entering the residence with an authorized representative of the utility company. The sheriff is entitled to receive all his necessary expenses in the delivery of access to the utility meter.
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(L. 1986 H.B. 1422 § 5)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.561 - Damages awarded to utility customer, when — costs, court to determine who pays.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1986
393.561. Damages awarded to utility customer, when — costs, court to determine who pays. —
1. If, at the hearing on the delivery of access to the utility meter under section 393.557, the court specifically finds, on the basis of the record at such hearing, that the utility company willfully and wrongfully instituted an action under sections 393.550 to 393.565, the utility customer in default may be entitled to any damages which might be incurred by such utility customer in default as a direct result of such actions by the utility company, together with reasonable attorney fees.
2. Costs may be taxed in the discretion of the court, and the court shall direct which party is obligated to pay the sheriff's expenses referred to in section 393.559.
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(L. 1986 H.B. 1422 § 6)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.563 - Other rights of access, not affected.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1986
393.563. Other rights of access, not affected. —
Nothing contained in sections 393.550 to 393.565 shall affect the other rights of access which may be available to the utility company against the utility customer in default under applicable law, or under applicable rules, regulations and tariffs of the utility company, or of the Missouri public service commission; except that no gas or electric utility company, as defined in subdivision (5) of section 393.550, shall terminate utility service to an entire residence, as defined in subdivision (4) of section 393.550, solely by reason of the delinquency in payment of one or more customers, when there are one or more other customers at the residence who are not for any lawful reason, including but not limited to delinquency in payment, subject to termination of utility service. Nothing contained in sections 393.550 to 393.565 shall be construed to prevent a utility company from discontinuing utility service to any residence for any other lawful purpose.
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(L. 1986 H.B. 1422 § 7)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.565 - Appeals, customer must give bond.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1986
393.565. Appeals, customer must give bond. —
Applications for appeals shall be allowed and conducted in the manner provided in chapter 512; but no application for an appeal by the utility customer in default shall stay execution unless the utility customer in default gives bond, with security sufficient to secure the payment of all damages, costs and utility charges then due, and with condition to pay all subsequently accruing utility charges, if any, into court within ten days after such charges become due, pending determination of the appeal.
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(L. 1986 H.B. 1422 § 8)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.700 - Short title.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2002
393.700. Short title. —
Sections 393.700 to 393.770 shall be known as the "Joint Municipal Utility Commission Act".
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(L. 1978 H.B. 1126 § 1, A.L. 1983 H.B. 204, A.L. 2002 H.B. 1402)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.705 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2007, 4 histories
393.705. Definitions. —
As used in sections 393.700 to 393.770, the following terms shall, unless the context clearly indicates otherwise, have the following meanings:
(1)
"Bond"
or
"bonds"
, any bonds, interim certificates, notes, debentures or other obligations of a commission issued pursuant to sections 393.700 to 393.770;
(2)
"Commission"
, any joint municipal utility commission established by a joint contract pursuant to sections 393.700 to 393.770;
(3)
"Contracting municipality"
, each municipality which is a party to a joint contract establishing a commission pursuant to sections 393.700 to 393.770, a water supply district formed pursuant to the provisions of chapter 247, or a sewer district formed pursuant to the provisions of chapter 204, or chapter 249;
(4)
"Joint contract"
, the contract entered into among or by and between two or more of the following contracting entities for the purpose of establishing a commission:
(a) Municipalities;
(b) Public water supply districts;
(c) Sewer districts;
(d) Nonprofit water companies;
(e) Nonprofit sewer companies;
(f) Joint municipal utility commissions;
(5)
"Participating municipality"
, a municipality, public water supply district, or sewer district acting in concert with a commission in the development of a project but providing separate financing to acquire an individual interest in the project;
(6)
"Person"
, a natural person, cooperative or private corporation, association, firm, partnership, or business trust of any nature whatsoever, organized and existing pursuant to the laws of any state or of the United States and any municipality or other municipal corporation, governmental unit, or public corporation created under the laws of any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency or instrumentality thereof;
(7)
"Project"
, the purchasing, construction, extending or improving of any utility facility or property including without limitation revenue-producing water, sewage, gas or electric light works, heating or power plants, transmission and distribution systems, and all other types of utilities and revenue-producing facilities as deemed appropriate by the governing bodies of the contracting or participating municipalities, including all real and personal property of any nature whatsoever to be used in connection therewith, together with all parts thereof and appurtenances thereto, or any interest therein or right to capacity thereof and the acquisition of fuel of any kind for any such purposes.
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(L. 1978 H.B. 1126 § 2, A.L. 1983 H.B. 204, A.L. 1986 S.B. 488, A.L. 1999 H.B. 450 merged with S.B. 160 & 82, A.L. 2000 S.B. 894, A.L. 2002 H.B. 1402, A.L. 2004 H.B. 1171, A.L. 2006 S.B. 559, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.720 - Commissions to be bodies public and corporate.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2007, 2 histories
393.720. Commissions to be bodies public and corporate. —
Any commission established by joint contract under sections 393.700 to 393.770 shall constitute a body public and corporate of the state, exercising public powers for the benefit of its contracting members and in order to carry out the public purposes and the public functions of its contracting members. It shall have the duties, privileges, immunities, rights, liabilities and disabilities of its contracting members and as a public body politic and corporate, including the power to tax, but shall not have any additional taxing power separate from that of its members nor shall it have the benefit of the doctrine of sovereign immunity.
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(L. 1978 H.B. 1126 § 5, A.L. 2004 H.B. 1171, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.735 - Additional security for bonds issued may be given, how.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 07 Dec 1978, see footnote
393.735. Additional security for bonds issued may be given, how. —
As additional security for bonds issued or to be issued by a commission, the commission may mortgage or execute deeds of trust of the whole or any part of a project. Any such mortgage or deed of trust covering the whole or any part of easements or other interests in real estate less than fee simple used in a project, or for the generation or transmission of electric power and energy, and covering fixtures annexed thereto, may be filed in the office of the secretary of state with or as a part of the financing statement covering such fixtures. All filings required under the uniform commercial code to perfect a security interest against the personal property or fixtures of a commission shall be made and maintained in the office of the secretary of state.
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(L. 1978 H.B. 1126 § 8)
Effective 12-07-78
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.740 - Certain taxes applicable.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2007, 3 histories
393.740. Certain taxes applicable. —
1. All bonds issued pursuant to sections 393.700 to 393.770 and all income or interest thereon shall be exempt from all state taxes, except estate and transfer taxes.
2. All property, real and tangible personal, except for properties acquired exclusively for water supply districts and water supply commissions, acquired by the bonds issued pursuant to sections 393.700 and 393.770 or otherwise acquired by a commission shall be subject to taxation for state, county, and municipal and other local purposes only to the same extent as if such property was owned directly by each contracting or participating municipality in such proportion or manner as specified by contract among all contracting or participating municipalities party to a project or if not specified in proportion to the percentage of each municipality's interest or participation in the facility or property.
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(L. 1978 H.B. 1126 § 9, A.L. 1986 S.B. 488, A.L. 2002 H.B. 1402, A.L. 2004 H.B. 1171, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.745 - Refunding bonds may be issued.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2004
393.745. Refunding bonds may be issued. —
Any commission governed by the provisions of sections 393.700 to 393.770 having issued bonds under sections 393.700 to 393.770 may from time to time as authorized by resolution of the commission or by resolution of its executive committee if the board has delegated such authority issue refunding bonds for the purpose of refunding, extending and unifying the whole or any part of its valid outstanding indebtedness.
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(L. 1978 H.B. 1126 § 10, A.L. 2004 H.B. 1171)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.750 - Bonds legal investments for enumerated purposes.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 07 Dec 1978, see footnote
393.750. Bonds legal investments for enumerated purposes. —
Bonds issued by any commission under the provisions of sections 393.700 to 393.770
*
are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law.
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(L. 1978 H.B. 1126 § 11)
Effective 12-07-78
*Words "this act" appear in original rolls.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.755 - Bonds may be repurchased.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 07 Dec 1978, see footnote
393.755. Bonds may be repurchased. —
A commission shall have power to purchase bonds out of any funds available therefor and to hold, pledge, cancel or resell such bonds, subject to and in accordance with any agreements with the holders.
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(L. 1978 H.B. 1126 § 12)
Effective 12-07-78
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.831 - Articles of incorporation, amendment requirements.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.831. Articles of incorporation, amendment requirements. —
A company may amend its articles of incorporation by complying with the following requirements:
(1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds of those members voting thereon at such meeting; and
(2) (a) Upon such approval by the members, articles of amendment shall be executed and acknowledged in duplicate on behalf of the company by its president or vice president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to sections 393.825 to 393.861 and section 393.175 and shall state:
a. The name of the company;
b. The address of its principal office;
c. The date of the filing of its articles of incorporation in the office of the secretary of state; and
d. The amendment to its articles of incorporation;
(b) The president or vice president executing such articles of amendment shall also make and annex to each copy thereof an affidavit stating that the provisions of sections 393.825 to 393.861 and section 393.175 were duly complied with;
(c) Such articles of amendment and affidavit shall be submitted to the secretary of state for filing.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.833 - Principal office, change of, procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.833. Principal office, change of, procedure. —
A company may, upon authorization of a majority of the members at any regular or special meeting, change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged in duplicate by its president or vice president under its seal attested by its secretary, in the office of the secretary of state. Such company shall also, within thirty days after the filing of such certificate of change of principal office, file certified copies of its articles of incorporation and all amendments thereto, if the same are not already on file.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.835 - Articles of incorporation, amendment, consolidation, merger, conversion or dissolution — filing — duties of secretary of state.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.835. Articles of incorporation, amendment, consolidation, merger, conversion or dissolution — filing — duties of secretary of state. —
1. Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledged in duplicate and accompanied by such affidavits as may be required by applicable provisions of sections 393.825 to 393.861 and section 393.175, shall be presented to the secretary of state for filing in the records of his office.
2. If the secretary of state shall find that the articles presented conform to the requirements of sections 393.825 to 393.861 and section 393.175, he shall file one copy of the articles so presented in the records of his office and upon such filing the incorporation, amendment, consolidation, merger, conversion, or dissolution provided for therein shall be in effect.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.837 - Securities law of Missouri not to apply, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.837. Securities law of Missouri not to apply, when. —
The provisions of the securities law of Missouri shall not apply to any note, bond or other evidence of indebtedness issued by any nonprofit sewer company transacting business in this state pursuant to sections 393.825 to 393.861 and section 393.175 to the United States of America or to any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. The provisions of such securities law of Missouri shall not apply to the issuance of membership certificates by any nonprofit sewer company.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.839 - Membership — meetings, annual, special — quorum — voting.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.839. Membership — meetings, annual, special — quorum — voting. —
1. No person shall become a member of a nonprofit sewer company unless such person shall agree to use services furnished by the company when such shall be available through its facilities. The bylaws of a company may provide that any person, including an incorporator, shall cease to be a member thereof if such person shall fail or refuse to use services made available by the company or if services shall not be made available to such person by the company within a specified time after such person shall have become a member thereof. Membership in the company shall not be transferable, except as provided in the bylaws. The bylaws may prescribe additional qualifications and limitations in respect of membership.
2. An annual meeting of the members shall be held at such time as shall be provided in the bylaws.
3. Special meetings of the members may be called by the board of directors, by any three directors, by not less than ten percent of the members or by the president.
4. Meetings of members shall be held at such place as may be provided in the bylaws. In the absence of any such provisions, all meetings shall be held in the city or town in which the principal office of the company is located.
5. Except as otherwise provided in sections 393.825 to 393.861 and section 393.175, written or printed notice stating the time and place of each meeting of members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than ten nor more than twenty-five days before the date of the meeting.
6. Two percent of the members, present in person or by mail or proxy shall constitute a quorum for the transaction of business at all meetings of the members, unless the bylaws prescribe the presence of a greater percentage of the members for a quorum. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting from time to time without further notice.
7. Each member shall be entitled to one vote on each matter submitted to a vote at a meeting. Voting shall be in person, but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail, they shall also prescribe the conditions under which proxy or mail voting shall be exercised.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.841 - Voting districts may be provided, when, procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.841. Voting districts may be provided, when, procedure. —
Notwithstanding any other provision of law, the bylaws may provide that the territory in which a company supplies wastewater services may be divided into two or more voting districts for the purpose of properly distributing its directors over the area in which its members reside. In such case the bylaws shall prescribe the manner in which such voting districts shall function in the election of directors at annual meetings.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.843 - Board of directors, powers and duties.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.843. Board of directors, powers and duties. —
1. The business and affairs of a company shall be managed by a board of not less than five directors, each of whom shall be a member of the company. The bylaws shall prescribe the number of directors, their qualifications, other than those provided for in sections 393.825 to 393.861 and section 393.175, the manner of holding meetings of the board of directors and of the election of successors to directors who shall resign, die, or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Without approval of the members, directors shall not receive any salaries for their services as directors. The bylaws may, however, provide that a fixed fee and expenses of attendance, if any, may be allowed to each director for attendance at each meeting of the board of directors.
2. The directors of a company named in any articles of incorporation, consolidation, merger or conversion, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified.
3. The bylaws shall provide that the directors shall be divided into three classes, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting and the term of the second class to expire at the second succeeding annual meeting, and the term of the third class to expire at the third succeeding annual meeting. At each annual meeting after such classification a number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the third succeeding annual meeting.
4. A majority of the board of directors shall constitute a quorum.
5. The board of directors may exercise all of the powers of a company except such as are conferred upon the members by sections 393.825 to 393.861 and section 393.175, or its articles of incorporation or bylaws. Nothing in sections 393.825 to 393.861 and section 393.175 shall be deemed to prohibit a nonprofit sewer company from contracting with any other person or entity for any services needed by the nonprofit sewer company including, but not limited to, management or operations services.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.845 - Officers, annual election, removal from office — employees and agents.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.845. Officers, annual election, removal from office — employees and agents. —
The officers of a nonprofit sewer company shall consist of a president, vice president, secretary and treasurer, who shall be elected annually. No person shall continue to hold the offices of president or vice president after he shall have ceased to be a director. The offices of secretary and of treasurer may be held by the same person and need not be a member of the board of directors. The board of directors may also elect or appoint such other officers, agents, or employees as it shall deem necessary or advisable and shall prescribe the powers and duties thereof. Any officer may be removed from office and his successor elected in the manner prescribed in the bylaws.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.847 - Department of natural resources, jurisdiction, supervision, powers and duties — public service commission jurisdiction, limitations.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2007, 2 histories
393.847. Department of natural resources, jurisdiction, supervision, powers and duties — public service commission jurisdiction, limitations. —
1. Every nonprofit sewer company constructing, maintaining and operating its wastewater lines and treatment facilities shall construct, maintain and operate such lines and facilities in conformity with the rules and regulations relating to the manner and methods of construction, maintenance and operation and as to safety of the public with other lines and facilities now or hereafter from time to time prescribed by the department of natural resources for the construction, maintenance and operation of such lines or systems. The jurisdiction, supervision, powers and duties of the department of natural resources shall extend to every such nonprofit sewer company and every nonprofit sewer company shall be supervised and regulated by the department of natural resources to the same extent and in the same manner as any other nonprofit corporation engaged in whole or in part in the collection or treatment of wastewater.
2. Notwithstanding any provision of sections 393.825 to 393.861 to the contrary, a nonprofit sewer company shall not be eligible to obtain a construction or operating permit unless a waiver from all affected political subdivisions is obtained for a site where:
(1) A municipality, county, public sewer district, or public water supply district operates a wastewater treatment system; or
(2) A connection to a wastewater treatment system is required by a municipal or county ordinance.
3. The public service commission shall not have jurisdiction over the construction, maintenance or operation of the wastewater facilities, service, rates, financing, accounting or management of any nonprofit sewer company.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3, A.L. 2002 S.B. 984 & 985, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.849 - Excess revenues.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.849. Excess revenues. —
Revenues of a nonprofit sewer company for any fiscal year in excess of the amount thereof necessary:
(1) To defray expenses of the company and of the operation and maintenance of its facilities during such fiscal year;
(2) To pay interest and principal obligations of the company coming due in such fiscal year;
(3) To finance, or to provide a reserve for the financing of, the construction or acquisition by the company of additional facilities to the extent determined by the board of directors;
(4) To provide a reasonable reserve for working capital;
(5) To provide a reserve for the payment of indebtedness of the company maturing more than one year after the date of the incurrence of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year; and
(6) To provide a fund for education in the effective use of services made available by the company;
­­shall, unless otherwise determined by a vote of the members, be distributed by the company to its members as patronage refunds prorated in accordance with the patronage of the company by the respective members paid for during such fiscal year.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.851 - Prepayment of debt not prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.851. Prepayment of debt not prohibited. —
Nothing herein contained shall be construed to prohibit the payment by a company of all or any part of its indebtedness prior to the date when the same shall become due.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97