88.773. Water supply--contracts (fourth class cities).
Water supply--contracts (fourth class cities).
88.773. 1. The board of aldermen may make contracts withany person, association or corporation, either private ormunicipal, for furnishing the city with water, and for supplyingfire hydrants and public fountains, but no such contract shall bemade for a longer time than twenty years. Any initial contractmust be ratified by a vote of a majority of the voters of thecity voting on the question. Any renewal contracts entered intounder the provisions of this section shall be subject to voterapproval of the majority of the voters voting on the question,pursuant to section 88.251.
2. The board of aldermen may also erect, maintain andoperate waterworks for the city, and may regulate the same, mayprescribe and regulate the rates to charge to private consumersof water furnished from such waterworks, and may acquire bypurchase, donation or condemnation, suitable grounds within orwithout the city, upon which to erect such works, and theright-of-way to and from such works, and also the right-of-wayfor laying water pipes and posts and telephone, telephoneexchanges with other cities and towns, telegraph or electricwires and poles, under or above the ground, as may be necessaryfor the efficient operation of such waterworks; all of whichshall be done in such manner as shall be prescribed by ordinance;except that the board of aldermen may, in its discretion, grantthe right to any person, persons or corporation to erect,maintain and operate waterworks, and lay pipes, erect poles andtelegraph, telephone exchanges with other cities and towns, andother electric wires, under or above ground, as may be necessaryfor the efficient operation of such works, upon such terms as theboard of aldermen may prescribe by ordinance, and in no caseshall such right extend for a longer period than twenty years;except that such right may be renewed for another period orperiods not to exceed twenty years per period. Every initialgrant for such services shall be approved by a majority of votersvoting on the question. Every renewal or extension shall besubject to voter approval of the majority of the voters voting onthe question, pursuant to the provisions of section 88.251.Nothing in this section shall be so construed as to prevent theboard of aldermen from contracting with any person, associationor corporation for supplying fire hydrants and public fountains,in cities where franchises have already been granted, and wherewaterworks already exist, without a vote of the people.
(RSMo 1939 § 7179, A.L. 1978 H.B. 971, A.L. 1986 H.B. 1471, et al., A.L. 1989 H.B. 451)Prior revisions: 1929 § 7029; 1919 § 8480; 1909 § 9382