393.829. Powers.
Powers.
393.829. A nonprofit sewer company shall have power:
(1) To sue and be sued, in its corporate name;
(2) To have succession by its corporate name for the period stated inits articles of incorporation or, if no period is stated in its articles ofincorporation, to have such succession perpetually;
(3) To adopt a corporate seal and alter the same at pleasure;
(4) To provide wastewater disposal and wastewater treatment servicesto its members, to governmental agencies and political subdivisions;
(5) To make loans to persons to whom wastewater disposal orwastewater treatment is or will be supplied by the company for the purposeof, and otherwise to assist such persons in, installing therein plumbingfixtures, appliances, apparatus and equipment of any and all kinds andcharacter, and in connection therewith, to purchase, acquire, lease, sell,distribute, install and repair such plumbing fixtures, appliances,apparatus and equipment, and to accept or otherwise acquire, and to sell,assign, transfer, endorse, pledge, hypothecate and otherwise dispose ofnotes, bonds and other evidences of indebtedness and any and all types ofsecurity therefor;
(6) To make loans to persons to whom wastewater disposal orwastewater treatment is or will be supplied by the company for the purposeof, and otherwise to assist such persons in, constructing, maintaining andoperating commercial or industrial plants or facilities;
(7) To construct, purchase, take, receive, lease as lessee, orotherwise acquire, and to own, hold, use, equip, maintain, and operate, andto sell, assign, transfer, convey, exchange, lease as lessor, mortgage,pledge, or otherwise dispose of or encumber, wastewater provision orcollection or treatment systems, plants, lands, buildings, structures,dams, and equipment, and any and all kinds and classes of real or personalproperty whatsoever, which shall be deemed necessary, convenient orappropriate to accomplish the purpose for which the company is organized;
(8) To purchase or otherwise acquire, and to own, hold, use andexercise and to sell, assign, transfer, convey, mortgage, pledge,hypothecate, or otherwise dispose of or encumber, franchises, rights,privileges, licenses, rights-of-way and easements;
(9) To borrow money and otherwise contract indebtedness, and to issuenotes, bonds, and other evidences of indebtedness therefor, and to securethe payment thereof by mortgage, pledge, deed of trust, or any otherencumbrance upon any or all of its then-owned or after-acquired real orpersonal property, assets, franchises, revenues or income;
(10) To construct, maintain and operate wastewater distribution andcollection and treatment plants and lines along, upon, under and across allpublic thoroughfares, including without limitation, all roads, highways,streets, alleys, bridges and causeways, and upon, under and across allpublicly owned lands;
(11) To exercise the power of eminent domain in the manner providedby the laws of this state for the exercise of that power by corporationsconstructing or operating electric transmission and distribution lines orsystems;
(12) To conduct its business and exercise any or all of its powerswithin or without this state;
(13) To adopt, amend and repeal bylaws;
(14) To do and perform any and all other acts and things, and to haveand exercise any and all other powers which may be necessary, convenient orappropriate to accomplish the purpose for which the company is organized;and
(15) To provide all services and assume all responsibilitiesauthorized to a nonprofit water company organized under sections 393.900 to393.954, when approved by its members, provided that no domestic waterservices may be provided within the boundaries of an existing public watersupply district, municipal utility, or within the certificated area of awater corporation as defined in section 386.020, RSMo.
(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3, A.L. 2009 H.B. 283 merged with S.B. 154)