88.770. Street lighting system--electric or gas works (fourth class cities).
Street lighting system--electric or gas works (fourth class cities).
88.770. 1. The board of aldermen may provide for andregulate the lighting of streets and the erection of lamp posts,poles and lights therefor, and may make contracts with anyperson, association or corporation, either private or municipal,for the lighting of the streets and other public places of thecity with gas, electricity or otherwise, except that each initialcontract shall be ratified by a majority of the voters of thecity voting on the question and any renewal contract or extensionshall be subject to voter approval of the majority of the votersvoting on the question, pursuant to the provisions of section88.251. The board of aldermen may erect, maintain and operategas works, electric light works, or light works of any other kindor name, and to erect lamp posts, electric light poles, or anyother apparatus or appliances necessary to light the streets,avenues, alleys or other public places, and to supply privatelights for the use of the inhabitants of the city and itssuburbs, and may regulate the same, and may prescribe andregulate the rates to be paid by the consumers thereof, and mayacquire by purchase, donation or condemnation suitable groundswithin or without the city upon which to erect such works and theright-of-way to and from such works, and also the right-of-wayfor laying gas pipes, electric wires under or above the grounds,and erecting posts and poles and such other apparatus andappliances as may be necessary for the efficient operation ofsuch works. The board of aldermen may, in its discretion, grantthe right to any person, persons or corporation, to erect suchworks and lay the pipe, wires, and erect the posts, poles andother necessary apparatus and appliances therefor, upon suchterms as may be prescribed by ordinance. Such rights shall notextend for a longer time than twenty years, but may be renewedfor another period or periods not to exceed twenty years perperiod. Every initial grant shall be approved by a majority ofthe voters of the municipality voting on the question, and eachrenewal or extension of such rights shall be subject to voterapproval of the majority of the voters voting on the question,pursuant to the provisions of section 88.251. Nothing hereincontained shall be so construed as to prevent the board ofaldermen from contracting with any person, persons or corporationfor furnishing the city with gas or electric lights in citieswhere franchises have already been granted, and where gas orelectric light plants already exist, without a vote of thepeople, except that the board of aldermen may sell, convey,encumber, lease, abolish or otherwise dispose of any publicutilities owned by the city including electric light systems,electric distribution systems or transmission lines, or any partof the electric light systems, electric or other heat systems,electric or other power systems, electric or other railways, gasplants, telephone systems, telegraph systems, transportationsystems of any kind, waterworks, equipments and all publicutilities not herein enumerated and everything acquired therefor,after first having passed an ordinance setting forth the terms ofthe sale, conveyance or encumbrance and when ratified bytwo-thirds of the voters voting on the question.
2. The ballots shall be substantially in the following formand shall indicate the property, or portion thereof, and whetherthe same is to be sold, leased or encumbered:
Shall .................................................(Indicate the property by stating whether electric distributionsystem, electric transmission lines or waterworks, etc.)be ................................... (Indicate whether sold, leasedor encumbered.)?
(RSMo 1939 § 7178, A.L. 1945 p. 1274, A. 1949 H.B. 2036, A.L. 1978 H.B. 971, A.L. 1986 H.B. 1471, et al., A.L. 1987 S.B. 412)Prior revisions: 1929 § 7028; 1919 § 8479; 1909 § 9381