Effective - 28 Aug 2021, 2 histories
91.450. Certain cities may own public utilities — how acquired — board of public works. — Any city of the third or fourth class, and any town or village, and any city now organized or which may hereafter be organized and having a special charter, and which now has or may hereafter have less than thirty thousand inhabitants, shall have power to erect or to acquire, by purchase or otherwise, maintain and operate, waterworks, gas works, electric light and power plant, steam heating plant, or any other device or plant for furnishing light, power or heat, telephone plant or exchange, street railway or any other public transportation, conduit system, public auditorium or convention hall, which are hereby declared public utilities, and such cities, towns or villages are hereby authorized and empowered to provide for the erection or extension of the same by the issue of bonds therefor, and any city, town or village which may own, maintain or operate, and which may hereafter acquire, by purchase or otherwise, and operate, or which may engage in the construction of any of the plants, systems or works mentioned in this section, is hereby authorized and empowered to establish, by ordinance, within such city, town or village, an executive department to be known as "The Board of Public Works", to consist of four persons, electors of said city, town or village, who have resided therein for a period of two years next before their appointment, or any resident of the county that receives services from such board, who shall be appointed by the mayor of such city, town or village, and confirmed by the common council in such manner as other appointive officers of such city, town or village are appointed and confirmed. The members of such board shall hold office for a term of four years each, or until their successors are appointed and qualified; provided, that the members of said board shall hold office for a term of four years each, except the first incumbents, as members of said board of public works, who shall be appointed and hold office for the term of one, two, three and four years respectively.
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(RSMo 1939 § 7796, A.L. 2021 H.B. 271)
Prior revisions: 1929 § 7651; 1919 § 9089; 1909 § 9914
CROSS REFERENCES:
Board of aldermen, fourth class cities, may contract for lights, water, may erect lighthouses and waterworks, bonds may be issued, 88.773
Water supply, third class cities, authority to contract for, operate waterworks, 88.633
(1994) Where city was displeased with sixty-one percent increase in rates for water service to city's customers from 1984 to 1991, city sought to acquire waterworks system through exercise of eminent domain pursuant to section giving cities the power to erect or to acquire, by purchase "or otherwise", maintain and operate, waterworks. Statute does not authorize city to condemn waterworks system already dedicated to public use for the very same use. State ex rel. Missouri Cities Water Co. v. Hodge, 878 S.W.2d 819 (Mo. en banc).
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 91 - Municipally Owned Utilities
Section 91.020 - Cities empowered to sell light and power.
Section 91.030 - Cities may purchase light and power, and ancillary services.
Section 91.040 - Cities may use streets and roads.
Section 91.050 - Cities owning waterworks may supply other cities.
Section 91.060 - Cities, towns or villages may procure water from any other city — contract.
Section 91.080 - Condemnation proceedings — compensation for private property taken.
Section 91.090 - Certain cities may construct or acquire waterworks.
Section 91.100 - May contract to supply.
Section 91.110 - May acquire by purchase.
Section 91.120 - May acquire water system — procedure.
Section 91.130 - Proposition to sell to be in writing — publication — deed, how made.
Section 91.140 - Petition by citizens — duty of council.
Section 91.150 - Plant, how paid for — bonds to constitute lien.
Section 91.160 - Management — form of bonds.
Section 91.170 - May advertise for bids to construct.
Section 91.180 - Contractor to give bond.
Section 91.190 - Bid for construction to be submitted to voters.
Section 91.200 - Council to appoint superintendent of construction.
Section 91.210 - What provisions to apply.
Section 91.220 - Failure to redeem bonds.
Section 91.230 - City to pay for fire protection — rates.
Section 91.240 - Funds, where deposited.
Section 91.250 - Waterworks bonds of certain cities may be deposited as securities.
Section 91.260 - Board of waterworks commissioners, how composed — compensation.
Section 91.270 - Powers and duties of board — may appoint manager — city to pay for water.
Section 91.280 - Board and manager liable on bond for neglect.
Section 91.290 - Waterworks exempt from execution, exception.
Section 91.300 - Scope of sections 91.090 to 91.300.
Section 91.450 - Certain cities may own public utilities — how acquired — board of public works.
Section 91.460 - Board to be nonpartisan — salary — bond.
Section 91.470 - Office vacated, how.
Section 91.480 - Board to manage municipal utilities.
Section 91.490 - Council to prescribe powers — rules and regulations.
Section 91.500 - Officers and employees — compensation.
Section 91.510 - Salaries and expenses — how paid.
Section 91.520 - Board to keep accounts and make report.
Section 91.530 - Board to let work by contract.
Section 91.540 - Rates to be fixed by board.
Section 91.550 - Referendum on sale of municipal utility by third class city.
Section 91.560 - Special charter cities may enact certain ordinances.
Section 91.570 - Cities are authorized to acquire all necessary lands and easements.
Section 91.580 - May condemn private property for public use.
Section 91.595 - Waterworks — revenue bonds, issuance — authorization for.
Section 91.596 - Revenue bonds — election — form of ballot.
Section 91.597 - Bonds, how signed — term — rate of interest.
Section 91.610 - Compensation for private property taken.
Section 91.620 - Citation of law.
Section 91.650 - Preliminary expenses — how met and paid.
Section 91.660 - Bond issues — authorization, approval.
Section 91.670 - Revenue bonds — rate of interest, sale.
Section 91.680 - Moneys received — how expended.
Section 91.690 - Sinking fund.
Section 91.700 - Bonds shall not be invalidated for certain reasons.
Section 91.710 - Ordinance or resolution — may contain what.
Section 91.720 - Bonds — payable from what revenue, liability limited.
Section 91.730 - Default — rights of bondholders — procedure of circuit court — receiver.
Section 91.740 - Rights and powers of bondholders — shall be cumulative.
Section 91.750 - Sewage disposal and waterworks — operators authorized to enter into contracts.
Section 91.760 - Powers are additional and supplemental — law shall be controlling.
Section 91.770 - Municipalities — power to acquire lands and other property, limitation.
Section 91.780 - Defining term rapid transit improvement.
Section 91.790 - Authorized to establish, construct and own rapid transit improvement.
Section 91.800 - May assess benefits and damages, and collect and pay therefor.
Section 91.810 - May provide for payment by special assessment.
Section 91.820 - May issue and sell public utility improvement and general bonds.
Section 91.830 - May grant rights and interests in rapid transit improvements.
Section 91.840 - May establish rapid transit commission, or commissioner.