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Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

Chapter 247

Effective - 28 Aug 1990 bottom

  247.110.  Board to fix rates and charges — delinquencies to create lien, when — procedure. — 1.  Subject to such regulation and control as may now exist in or may hereafter be conferred upon the public service commission of the state of Missouri, the fixing of rates or charges for water or water service furnished by a district incorporated under sections 247.010 to 247.220 is hereby vested in its board of directors.  The rates or charges to be so fixed shall, at all times, be reasonable, but in determining the reasonableness of rates or charges, the board shall take into consideration the sum or sums required to retire outstanding special obligation bonded indebtedness of the district and the interest accruing thereon, the need for extensions of mains, repairs, depreciation, enlargement of plant, adequate service, obsolescence, overhead charges, operating expenses, and the need of an operating fund out of which the district may protect itself in emergencies and out of which the incidental expenses of the district may readily be met.

  2.   Any charge for water or water services levied by the board of directors of a water district shall be due at such time or times as specified by the board and may be considered delinquent if not paid by the due date.  The board may assess penalties on delinquent payments owed to the district.  These penalties shall not exceed a reasonable amount.

  3.   Upon ten days prior notice to the person to whom water service was delivered, the board of directors of a water district may cause to be filed with the recorder of deeds in the county where the land is located a legal description of the property on which water charges are thirty days or more delinquent, the names and addresses of the title owners and the amount due, provided the person who owns the property is the same person who owes for the water service delivered, which shall constitute a lien upon the land so charged.  The board shall file with the recorder of deeds a notice of satisfaction when the delinquent amounts, any interest on the delinquent amounts and any recording fees or attorney fees have been paid in full.

  4.   The lien authorized in this section may be enforced by an action filed in the circuit court having jurisdiction in the county where water services are delivered.  The pleadings, practice, process, and other proceedings in cases arising under this section shall be the same as in ordinary civil actions and proceedings in circuit courts.

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(RSMo 1939 § 12630, A.L. 1990 S.B. 525)


---- end of effective   28 Aug 1990 ----

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