393.906. Powers and duties.
Powers and duties.
393.906. A nonprofit water 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 water treatment services to its members, togovernmental agencies and political subdivisions;
(5) To make loans to persons to whom water treatment is or will besupplied by the company for the purpose of, and otherwise to assist suchpersons in, installing therein plumbing fixtures, appliances, apparatus andequipment of any and all kinds and character, and in connection with suchinstallation to purchase, acquire, lease, sell, distribute, install andrepair such plumbing fixtures, appliances, apparatus and equipment, and toaccept or otherwise acquire, and to sell, assign, transfer, endorse,pledge, hypothecate and otherwise dispose of notes, bonds and otherevidences of indebtedness and any and all types of security for suchindebtedness;
(6) To make loans to persons to whom water treatment is or will besupplied by the company for the purpose of, and otherwise to assist suchpersons in, constructing, maintaining and operating commercial orindustrial 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, water provision or collectionor treatment systems, plants, lands, buildings, structures, dams andequipment, and any and all kinds and classes of real or personal propertywhatsoever, which shall be deemed necessary, convenient or appropriate toaccomplish 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, and to secure the paymentof such indebtedness 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 water 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; and
(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.
(L. 1999 H.B. 450 § 3)Powers and duties.*This section was enacted by both H.B. 450 § 3 and S.B. 160 & 82 § 3 during the 1st Regular Session of the 90th General Assembly, 1999. Due to possible conflict, both versions are printed here.
393.906. A nonprofit water 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 water treatment services to its members, togovernmental agencies and political subdivisions;
(5) To make loans to persons to whom water treatment is or will besupplied by the company for the purpose of, and otherwise to assist suchpersons in, installing therein plumbing fixtures, appliances, apparatus andequipment of any and all kinds and character, and in connection with suchinstallation to purchase, acquire, lease, sell, distribute, install andrepair such plumbing fixtures, appliances, apparatus and equipment, and toaccept or otherwise acquire, and to sell, assign, transfer, endorse,pledge, hypothecate and otherwise dispose of notes, bonds and otherevidences of indebtedness and any and all types of security for suchindebtedness;
(6) To make loans to persons to whom water treatment is or will besupplied by the company for the purpose of, and otherwise to assist suchpersons in, constructing, maintaining and operating commercial orindustrial 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, water provision or collectionor treatment systems, plants, lands, buildings, structures, dams andequipment, and any and all kinds and classes of real or personal propertywhatsoever, which shall be deemed necessary, convenient or appropriate toaccomplish 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, and to secure the paymentof such indebtedness 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 water 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, provided that such nonprofit water company complieswith any public entity's authority to control the use of its thoroughfaresfor the purposes described in this subsection;
(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; and
(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.
(L. 1999 S.B. 160 & 82 § 3)*This section was enacted by both H.B. 450 § 3 and S.B. 160 & 82 § 3 during the 1st Regular Session of the 90th General Assembly, 1999. Due to possible conflict, both versions are printed here.