Section 393.705

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)