91.640. Additional powers conferred on certain municipalities--board of public works, terms, duties. - Missouri Statutes

Additional powers conferred on certain municipalities--board of publicworks, terms, duties.

91.640. 1. In addition to the powers which it may now have,any municipality as herein defined shall have power, undersections 91.620 to 91.770

(1) To lease as herein provided, to acquire by gift,purchase or the exercise of the right of eminent domain, toconstruct, to reconstruct, to improve, to better, and to extendany undertaking, wholly within, or wholly without themunicipality, or partially within and partially without themunicipality, and to acquire by gift, purchase or the exercise ofthe right of eminent domain, lands, easements, rights in landsand water rights in connection therewith;

(2) To operate and maintain any undertaking for its own useand for the use of public and private consumers, and users withinand without the territorial boundaries of the municipality;

(3) To prescribe, revise and collect rates, fees, tolls orcharges subject to rules and regulations of public servicecommission of state of Missouri for the services, facilities orcommodities furnished by such undertaking, and in anticipation ofthe collection of the revenues of such undertaking, to issuerevenue bonds, to finance in whole or in part the cost of theacquisition, construction, reconstruction, improvement,betterment or extension of any undertaking;

(4) To pledge to the punctual payment of said bonds andinterest thereon all or any part of the revenues of suchundertaking (including the revenues of improvements, bettermentsor extensions thereto thereafter constructed or acquired, as wellas the revenues of existing systems, plants, works,instrumentalities, and properties of the undertaking so improved,bettered or extended) or of any part of such undertaking; subjectto any outstanding obligation existing against such systems,plants; and

(5) To make all contracts, execute all instruments and doall things necessary or convenient in the exercise of the powersherein granted or in the performance of its covenants or dutiesor in order to secure the payment of its bonds, provided, noencumbrance, mortgage or other pledge of property of themunicipality is created thereby, and provided no property of themunicipality is liable to be forfeited or taken in payment ofsaid bonds, and provided no debt on the credit of themunicipality is thereby incurred in any manner for any purpose;and provided further, that plans and specifications for theaforesaid undertakings shall be submitted to and approved by thestate board of health; provided, however, that all contracts forthe undertakings herein authorized shall be awarded to the lowestand best bidder, notice of the letting of such contract havingbeen published as is required by law for the letting of publiccontracts for the erection of public buildings.

2. For the purpose of constructing, managing and operatingthe undertakings herein described there is hereby created a"board of public works". This board shall consist of fivemembers, who shall be qualified voters and resident taxpayers ofsuch municipality. The mayor or presiding officer of suchmunicipality shall be a member of this board. The other fourmembers shall be appointed by the mayor or presiding officer ofthe municipality, by and with the consent and approval of themajority of the governing body. The term of office of themembers appointed shall be four years, except the terms of twomembers of the first board appointed shall be for two years. Theofficer making the appointment shall designate which membersshall be appointed for two years and which shall be for fouryears. Vacancies shall be filled for an unexpired term in thesame manner as the original appointment. The board shallorganize when new members are appointed to it. It shall select achairman, vice chairman, secretary and treasurer. The board ofpublic works shall operate, manage and control such undertakings,and in the performance of this duty may employ such persons andexpend such sums as are necessary to properly perform same, whichfunds shall be appropriated and allowed by the governing body outof the earnings of the undertaking. This board shall require anyperson who has custody of any moneys or properties of thedistrict to furnish bond executed by a responsible bondingcompany, for the faithful performance of his or her duties asprescribed by the board of public works and for the faithfulaccounting of all moneys or property which may come into hiscustody or possession by virtue of such employment orappointment. The board of public works shall be allowed such asalary for their services as the governing body may determine notin excess of one hundred dollars per month for each member andfor their actual expenses incurred in performing their dutiesunder sections 91.620 to 91.770 they shall be paid out of therevenue of the undertaking formed herein. The members of theboard of public works may be removed for cause after a publichearing by the governing body. The board of public works shallmake such report to the governing body and at such times as maybe required by the governing body, and shall have the power toestablish bylaws, rules and regulations for its own government.The board of public works, in respect to all matter of custody,operation, administration and maintenance of such work shall haveall the powers and perform all the duties herein provided for,not specifically delegated to the governing body.

3. The government is hereby authorized to construct anyundertaking within a defense area, to acquire by purchase, lease,gift, exchange or the exercise of eminent domain, lands,easements, rights of lands and water rights in connectiontherewith and to maintain and operate such undertakings. Anymunicipality is hereby authorized to lease from the government orto enter into an agreement to operate for and in behalf of thegovernment any undertaking constructed by the government.

(L. 1941 p. 493 § 2)