393.130. Safe and adequate service--charges--certain home rule cities, interest accrual, when.
Safe and adequate service--charges--certain home rule cities,interest accrual, when.
393.130. 1. Every gas corporation, every electrical corporation,every water corporation, and every sewer corporation shall furnish andprovide such service instrumentalities and facilities as shall be safe andadequate and in all respects just and reasonable. All charges made ordemanded by any such gas corporation, electrical corporation, watercorporation or sewer corporation for gas, electricity, water, sewer or anyservice rendered or to be rendered shall be just and reasonable and notmore than allowed by law or by order or decision of the commission. Everyunjust or unreasonable charge made or demanded for gas, electricity, water,sewer or any such service, or in connection therewith, or in excess of thatallowed by law or by order or decision of the commission is prohibited.
2. No gas corporation, electrical corporation, water corporation orsewer corporation shall directly or indirectly by any special rate, rebate,drawback or other device or method, charge, demand, collect or receive fromany person or corporation a greater or less compensation for gas,electricity, water, sewer or for any service rendered or to be rendered orin connection therewith, except as authorized in this chapter, than itcharges, demands, collects or receives from any other person or corporationfor doing a like and contemporaneous service with respect thereto under thesame or substantially similar circumstances or conditions.
3. No gas corporation, electrical corporation, water corporation orsewer corporation shall make or grant any undue or unreasonable preferenceor advantage to any person, corporation or locality, or to any particulardescription of service in any respect whatsoever, or subject any particularperson, corporation or locality or any particular description of service toany undue or unreasonable prejudice or disadvantage in any respectwhatsoever.
4. Nothing in this section shall be taken to prohibit a gascorporation, electrical corporation, water corporation or sewer corporationfrom establishing a sliding scale for a fixed period for the automaticadjustment of charges for gas, electricity, water, sewer or any servicerendered or to be rendered and the dividends to be paid stockholders ofsuch gas corporation, electrical corporation, water corporation or sewercorporation; provided, that the sliding scale shall first have been filedwith and approved by the commission; but nothing in this subsection shalloperate to prevent the commission after the expiration of such fixed periodfrom fixing proper, just and reasonable rates and charges to be made forservice as authorized in sections 393.110 to 393.285.
5. No water corporation shall be permitted to charge any municipalityor fire protection district a rate for the placing and providing of firehydrants for distribution of water for use in protecting life and propertyfrom the hazards of fire within such municipality or fire protectiondistrict. Nothing herein shall prevent such water corporation fromincluding the cost of placement and maintenance of such fire hydrants inits cost basis in determining a fair and reasonable rate to be charged forwater. Any such fee or rental charge being made for such fire hydrantswhether by contract or otherwise at the time this act shall take effect mayremain in effect for a period of one hundred twenty days after this sectionshall take effect.
6. In any home rule city with more than four hundred thousandinhabitants and located in more than one county, any deposits held by thecity for any water or sewerage services provided to a customer at anypremises shall accrue interest if the customer is current in payments forwater and sewerage services and if the city has held the deposit for two ormore years. Interest for each year, or part thereof, shall accrue at therate set for six month United States treasury bills effective Decemberthirty-first of the preceding year. For any deposit held by the city on orbefore the December thirty-first prior to August 28, 2002, if that depositis still held by the city on the December thirty-first one year nextfollowing August 28, 2002, interest accruing pursuant to this section fromthe effective date shall be credited to the customer's individual account,or paid to the customer, at the city's discretion.
(RSMo 1939 § 5645, A. 1949 H.B. 2165, A.L. 1967 p. 578, A.L. 1969 H.B. 24, A.L. 2002 H.B. 1635)Prior revisions: 1929 § 5189; 1919 § 10477