247.110. Board to fix rates and charges--delinquencies to create lien, when--procedure. - Missouri Statutes

Board to fix rates and charges--delinquencies to create lien,when--procedure.

247.110. 1. Subject to such regulation and control as maynow exist in or may hereafter be conferred upon the publicservice commission of the state of Missouri, the fixing of ratesor charges for water or water service furnished by a districtincorporated under sections 247.010 to 247.220 is hereby vestedin its board of directors. The rates or charges to be so fixedshall, at all times, be reasonable, but in determining thereasonableness of rates or charges, the board shall take intoconsideration the sum or sums required to retire outstandingspecial obligation bonded indebtedness of the district and theinterest accruing thereon, the need for extensions of mains,repairs, depreciation, enlargement of plant, adequate service,obsolescence, overhead charges, operating expenses, and the needof an operating fund out of which the district may protectitself in emergencies and out of which the incidental expensesof the district may readily be met.

2. Any charge for water or water services levied by theboard of directors of a water district shall be due at such timeor times as specified by the board and may be considereddelinquent if not paid by the due date. The board may assesspenalties on delinquent payments owed to the district. Thesepenalties shall not exceed a reasonable amount.

3. Upon ten days prior notice to the person to whom waterservice was delivered, the board of directors of a waterdistrict may cause to be filed with the recorder of deeds in thecounty where the land is located a legal description of theproperty on which water charges are thirty days or moredelinquent, the names and addresses of the title owners and theamount due, provided the person who owns the property is thesame person who owes for the water service delivered, whichshall constitute a lien upon the land so charged. The boardshall file with the recorder of deeds a notice of satisfactionwhen the delinquent amounts, any interest on the delinquentamounts and any recording fees or attorney fees have been paidin full.

4. The lien authorized in this section may be enforced byan action filed in the circuit court having jurisdiction in thecounty where water services are delivered. The pleadings,practice, process, and other proceedings in cases arising underthis section shall be the same as in ordinary civil actions andproceedings in circuit courts.

(RSMo 1939 § 12630, A.L. 1990 S.B. 525)