Effective - 28 Aug 2013
393.760. Election on issuance of bonds — required actions — notice — conduct of election — form of ballot — alternative voting procedures. — 1. Each participating municipality shall, in accordance with the provisions of chapter 115, order an election to be held whereby the qualified electors in such participating municipality shall approve or disapprove the issuance of its bonds to finance its individual interest in the project. The participating municipality may not order such an election until it has received a report from an independent consulting engineer as defined in section 327.181 for the purpose of determining the economic and engineering feasibility of any proposed project the costs of which are to be financed through the issuance of bonds. The report of the consulting engineer shall be provided to and approved by the legislative body and executive of each such participating municipality and such report shall be open to public inspection and shall be the subject of a public hearing in each participating municipality. Notice of the time and place of each such hearing shall be published in a daily newspaper of general circulation within each such participating municipality. Interested parties may appear and fully participate in such hearings.
2. Each participating municipality shall notify the election authority or authorities responsible for conducting elections within such participating municipality in accordance with chapter 115.
3. The question shall be submitted in substantially the following form:
4. If the issuance of the bonds is approved by at least a majority of the qualified electors voting thereon in the participating municipality, the participating municipality shall declare the result of the election and cause the bonds to be issued.
5. Each participating municipality shall bear all expenses associated with the elections in such participating municipality.
6. In the case of purchasing or leasing, constructing, installing, and operating reservoirs, pipelines, wells, check dams, pumping stations, water purification plants, and other facilities for the production, wholesale distribution, and utilization of water, the commission may provide for a vote by the governing body of each contracting municipality. Such vote shall require the approval of three-quarters of all governing bodies of the contracting municipalities. The commission may not order such a vote until it has engaged and received a report from an independent consulting engineer as defined in section 327.181 for the purpose of determining the economic and engineering feasibility of any proposed project the costs of which are to be financed through the issuance of bonds. The report of the consulting engineer shall be provided to and approved by the legislative body and executive of each contracting municipality participating in the project and such report shall be open to public inspection and shall be the subject of a public hearing in each municipality participating in the project. Notice of the time and place of each such hearing shall be published in a daily newspaper of general circulation within each municipality. Interested parties may appear and fully participate in such hearings. Each contracting municipality shall vote by ordinance or resolution and such ordinance or resolution shall approve the issuance of revenue bonds by the joint municipal water commission in an amount not to exceed a specified amount.
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(L. 1978 H.B. 1126 § 13, A.L. 1987 S.B. 350, A.L. 1999 H.B. 450 merged with S.B. 160 & 82, A.L. 2004 H.B. 795, et al. merged with H.B. 1171, A.L. 2013 H.B. 142)
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies
Section 393.010 - Corporations supplying gas, electricity or water — powers.
Section 393.020 - Authorizing laying of underground water mains — power of eminent domain.
Section 393.050 - Court shall appoint three commissioners to assess damages — payment of damages.
Section 393.060 - Number of owners may be joined in one petition.
Section 393.070 - Clerk of court shall give notice of petitions.
Section 393.080 - Cost of proceeding — how paid.
Section 393.090 - Corporation not authorized to enter or appropriate certain buildings.
Section 393.100 - Concerning the appropriation of property held by another corporation.
Section 393.108 - Hot weather rule, discontinuance of service prohibited, when.
Section 393.120 - Definition of terms.
Section 393.135 - Charges based on nonoperational property of electrical corporation prohibited.
Section 393.136 - Retroactive operation prohibited.
Section 393.147 - Loan programs, certain sewer and water corporations — authorized when, how.
Section 393.150 - Commission may fix rates after hearing — stay increase — burden of proof.
Section 393.160 - Inspection of gas, water and electric meters.
Section 393.170 - Approval of incorporation and franchises — certificate.
Section 393.180 - Right to issue stocks, bonds, notes subject to regulation.
Section 393.200 - Approval of issues of stocks, bonds and other forms of indebtedness.
Section 393.210 - Certificate of commission to be recorded — stock dividend prohibited.
Section 393.250 - Reorganizations of gas, electrical, water and sewer corporations.
Section 393.280 - Defense in case of excessive charges for gas, water, electricity or sewer service.
Section 393.291 - Steam heating companies, may file under small company rate procedures, when.
Section 393.292 - Nuclear power plant decommissioning, expense of, rate increase allowed, when, how.
Section 393.297 - Purpose of sections 393.298 to 393.302.
Section 393.298 - Definitions.
Section 393.300 - Customer bills in Braille or bold-faced type on request.
Section 393.302 - Tax on energy consumption, ordinance imposing tax, ballot measure required.
Section 393.356 - No modification or elimination of special rate under section 393.355.
Section 393.410 - Definitions.
Section 393.420 - Acquisition of right to use storage reservoir under publicly owned lands.
Section 393.430 - Gas storage company may exercise eminent domain — purposes — procedure.
Section 393.440 - Powers not to be exercised until approved by public service commission.
Section 393.450 - Buildings not to be condemned.
Section 393.460 - Strata and formations not subject to condemnation.
Section 393.470 - Limitation on condemnation of property held for public uses.
Section 393.480 - Law not to restrict other powers of eminent domain.
Section 393.490 - Rights of owner of land in condemned strata.
Section 393.500 - Gas in underground storage personal property.
Section 393.510 - Limitations to begin, when — cause deemed to accrue, when.
Section 393.550 - Definitions.
Section 393.553 - Written demand, notice, contents, refusal of access deemed denial of access, when.
Section 393.557 - Final order of access, exception — bond, amount — hearing.
Section 393.559 - Access, with sheriff, expenses of sheriff.
Section 393.561 - Damages awarded to utility customer, when — costs, court to determine who pays.
Section 393.563 - Other rights of access, not affected.
Section 393.565 - Appeals, customer must give bond.
Section 393.700 - Short title.
Section 393.705 - Definitions.
Section 393.720 - Commissions to be bodies public and corporate.
Section 393.725 - Bonds issued to be revenue bonds only — form of bonds.
Section 393.730 - Requirements of resolution authorizing bonds.
Section 393.735 - Additional security for bonds issued may be given, how.
Section 393.740 - Certain taxes applicable.
Section 393.745 - Refunding bonds may be issued.
Section 393.750 - Bonds legal investments for enumerated purposes.
Section 393.755 - Bonds may be repurchased.
Section 393.770 - Purchase agreements authorized — terms — not to constitute debt.
Section 393.831 - Articles of incorporation, amendment requirements.
Section 393.833 - Principal office, change of, procedure.
Section 393.837 - Securities law of Missouri not to apply, when.
Section 393.839 - Membership — meetings, annual, special — quorum — voting.
Section 393.841 - Voting districts may be provided, when, procedure.
Section 393.843 - Board of directors, powers and duties.
Section 393.845 - Officers, annual election, removal from office — employees and agents.
Section 393.849 - Excess revenues.
Section 393.851 - Prepayment of debt not prohibited.
Section 393.853 - Voluntary dissolution, articles, contents, submission to secretary of state.
Section 393.855 - Voluntary dissolution, procedure for winding up affairs.
Section 393.857 - Construction of laws relating to nonprofit sewer companies.
Section 393.861 - Private property of members exempt from execution for debts of company.
Section 393.900 - Nonprofit water companies may be organized — articles of incorporation.
Section 393.903 - Corporations may convert to nonprofit water companies, how.
Section 393.906 - Powers and duties.
Section 393.909 - May amend articles of incorporation, how.
Section 393.912 - Change of principal office, how.
Section 393.918 - Securities law not to apply, when.
Section 393.924 - Company territory may be divided into voting districts.
Section 393.927 - Board of directors, powers, duties, number, terms of office, procedure.
Section 393.930 - Officers, qualifications, powers and duties, terms of office.
Section 393.936 - Revenues to be distributed, when.
Section 393.939 - Prepayment of indebtedness permitted.
Section 393.942 - Voluntary dissolution before commencing operations.
Section 393.945 - Voluntary dissolution and windup of affairs after commencing operations.
Section 393.954 - Claims against insured nonprofit water company after dissolution, procedure.
Section 393.1000 - Definitions.
Section 393.1003 - Rate schedules, procedures to establish or change (St. Louis County).
Section 393.1009 - Definitions.
Section 393.1020 - Citation of law.
Section 393.1025 - Definitions.
Section 393.1040 - Encouragement of reduced consumption, objective of act.
Section 393.1045 - Cap on increase in retail charges based on renewable mandates.
Section 393.1150 - Suit or claim brought, measure of damages.
Section 393.1500 - Citation of law.
Section 393.1503 - Definitions.
Section 393.1610 - Small scale and private innovative technology investments — definitions.
Section 393.1640 - Growth project, discounts, when — requirements — discounts expire, when.
Section 393.1655 - Rate modifications, limitations on — definitions.