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Home > Statutes > Usa Missouri
USA Statutes : missouri
Title : CITIES, TOWNS AND VILLAGES
Chapter : Chapter 71 Provisions Relative to All Cities and Towns
No person shall be a candidate for municipal office unless such
person complies with the provisions of section 115.346, RSMo, regarding
payment of municipal taxes or user fees. (L. 2002 S.B. 675)



Any municipal corporation in this state, whether under general or
special charter, and having authority to pass ordinances regulating
subjects, matters and things upon which there is a general law of the
state, unless otherwise prescribed or authorized by some special
provision of its charter, shall confine and restrict its jurisdiction and
the passage of its ordinances to and in conformity with the state law
upon the same subject. (RSMo 1939 7442)

Prior revisions: 1929 7289; 1919 8704; 1909 9582



1. Except as provided in subsection 2 of this section, property
of a municipality which abuts another municipality may be concurrently
detached from one municipality and annexed by the other municipality by
the enactment by the governing bodies of each municipality of an
ordinance describing by metes and bounds the property, declaring the
property so described to be concurrently detached and annexed, and
stating the reasons for and the purposes to be accomplished by the
detachment and annexation. One certified copy of each ordinance shall be
filed with the county clerk, with the county recorder of deeds, and with
the clerk of the circuit court of the county in which the property is
located, whereupon the concurrent detachment and annexation shall be
complete and final. Thereafter all courts of this state shall take notice
of the limits of both municipalities as changed by the ordinances. No
declaratory judgment or election shall be required for any concurrent
detachment and annexation permitted by this section if there are no
residents living in the area or if there are residents in the area and
they be notified of the annexation and do not object within sixty days.

2. In a county of the first classification with a charter form of
government containing all or a portion of a city with a population of at
least three hundred thousand inhabitants, unimproved property of a
municipality which overlaps another municipality may be concurrently
detached from one municipality and annexed by the other municipality by
the enactment by the governing body of the receiving municipality of an
ordinance describing by metes and bounds the property, declaring the
property so described to be detached and annexed, and stating the reasons
for and the purposes to be accomplished by the detachment and annexation.
A copy of said ordinance shall be mailed to the city clerk of the
contributing municipality, which shall have thirty days from receipt of
said notice to pass an ordinance disapproving the change of boundary. If
such ordinance is not passed within thirty days, the change shall be
effective and one certified copy of the ordinance shall be filed with the
county clerk, with the county recorder of deeds, and with the clerk of
the circuit court of the county in which the property is located,
whereupon the concurrent detachment and annexation shall be complete and
final. Thereafter all courts of this state shall take notice of the
limits of both municipalities as changed by the ordinances. No
declaratory judgment or election shall be required for any concurrent
detachment and annexation permitted by this section if the landowners in
the area are notified and do not object within sixty days. (L. 1973 S.B.
38 1, A.L. 1990 H.B. 1536, A.L. 1998 S.B. 809)



1. Notwithstanding the provisions of sections 71.015 and 71.860
to 71.920, the governing body of any city, town or village may annex
unincorporated areas which are contiguous and compact to the existing
corporate limits of the city, town or village pursuant to this section.
The term "contiguous and compact" does not include a situation whereby
the unincorporated area proposed to be annexed is contiguous to the
annexing city, town or village only by a railroad line, trail, pipeline
or other strip of real property less than one-quarter mile in width
within the city, town or village so that the boundaries of the city, town
or village after annexation would leave unincorporated areas between the
annexed area and the prior boundaries of the city, town or village
connected only by such railroad line, trail, pipeline or other such strip
of real property. The term "contiguous and compact" does not prohibit
voluntary annexations pursuant to this section merely because such
voluntary annexation would create an island of unincorporated area within
the city, town or village, so long as the owners of the unincorporated
island were also given the opportunity to voluntarily annex into the
city, town or village. Notwithstanding the provisions of this section,
the governing body of any city, town or village in any county of the
third classification which borders a county of the fourth classification,
a county of the second classification and Mississippi River may annex
areas along a road or highway up to two miles from existing boundaries of
the city, town or village or the governing body in any city, town or
village in any county of the third classification without a township form
of government with a population of at least twenty-four thousand
inhabitants but not more than thirty thousand inhabitants and such county
contains a state correctional center may voluntarily annex such
correctional center pursuant to the provisions of this section if the
correctional center is along a road or highway within two miles from the
existing boundaries of the city, town or village.

2. (1) When a verified petition, requesting annexation and signed by the
owners of all fee interests of record in all tracts of real property
located within the area proposed to be annexed, or a request for
annexation signed under the authority of the governing body of any common
interest community and approved by a majority vote of unit owners located
within the area proposed to be annexed is presented to the governing body
of the city, town or village, the governing body shall hold a public
hearing concerning the matter not less than fourteen nor more than sixty
days after the petition is received, and the hearing shall be held not
less than seven days after notice of the hearing is published in a
newspaper of general circulation qualified to publish legal matters and
located within the boundary of the petitioned city, town or village. If
no such newspaper exists within the boundary of such city, town or
village, then the notice shall be published in the qualified newspaper
nearest the petitioned city, town or village. For the purposes of this
subdivision, the term "common-interest community" shall mean a
condominium as said term is used in chapter 448, RSMo, or a
common-interest community, a cooperative, or a planned community.

(a) A "common-interest community" shall be defined as real property with
respect to which a person, by virtue of such person's ownership of a
unit, is obliged to pay for real property taxes, insurance premiums,
maintenance or improvement of other real property described in a
declaration. "Ownership of a unit" does not include a leasehold interest
of less than twenty years in a unit, including renewal options;

(b) A "cooperative" shall be defined as a common-interest community in
which the real property is owned by an association, each of whose members
is entitled by virtue of such member's ownership interest in the
association to exclusive possession of a unit;

(c) A "planned community" a common-interest community that is not a
condominium or a cooperative. A condominium or cooperative may be part of
a planned community.

(2) At the public hearing any interested person, corporation or political
subdivision may present evidence regarding the proposed annexation. If,
after holding the hearing, the governing body of the city, town or
village determines that the annexation is reasonable and necessary to the
proper development of the city, town or village, and the city, town or
village has the ability to furnish normal municipal services to the area
to be annexed within a reasonable time, it may, subject to the provisions
of subdivision (3) of this subsection, annex the territory by ordinance
without further action.

(3) If a written objection to the proposed annexation is filed with the
governing body of the city, town or village not later than fourteen days
after the public hearing by at least five percent of the qualified voters
of the city, town or village, or two qualified voters of the area sought
to be annexed if the same contains two qualified voters, the provisions
of sections 71.015 and 71.860 to 71.920, shall be followed.

3. If no objection is filed, the city, town or village shall extend its
limits by ordinance to include such territory, specifying with accuracy
the new boundary lines to which the city's, town's or village's limits
are extended. Upon duly enacting such annexation ordinance, the city,
town or village shall cause three certified copies of the same to be
filed with the clerk of the county wherein the city, town or village is
located, and one certified copy to be filed with the election authority,
if different from the clerk of the county which has jurisdiction over the
area being annexed, whereupon the annexation shall be complete and final
and thereafter all courts of this state shall take judicial notice of the
limits of that city, town or village as so extended. (L. 1976 H.B. 1362,
A.L. 1978 S.B. 738, A.L. 1980 H.B. 1110, A.L. 1986 H.B. 1135 merged with
H.B. 1261, A.L. 1989 H.B. 487, A.L. 1990 H.B. 1536, A.L. 1993 S.B. 376,
A.L. 1995 H.B. 414, A.L. 1996 H.B. 1237, A.L. 1998 H.B. 1352, A.L. 1999
S.B. 160 & 82, A.L. 2005 H.B. 58)

(1987) The objection procedure provided by subdivision (3) of subsection
2 of this section is not available to a county. St. Louis County v.
Village of Peerless Park, 726 S.W.2d 405 (Mo.App.).

(1987) The fact that a county will lose revenue or political power
because of an annexation ordinance passed as provided in this section is
not sufficiently adverse effect to confer standing upon the county to
challenge such ordinance. St. Louis County v. Village of Peerless Park,
726 S.W.2d 405 (Mo.App.).



1. No member of a railroad train or yard crew shall be held
criminally guilty of any responsibility of violating a state law or any
municipal ordinance regulating the occupying or blocking of any street or
highway railroad crossing-at-grade by trains or cars, upon reasonable
proof that his action was necessary to comply with the order or
instructions, either written or verbal, of his employer or its officers
or supervisory officials; and provided, that nothing in this section
shall relieve the employer or railroad from any responsibility placed
upon said employer or railroad by any such state law or any municipal
ordinance.

2. Every person, firm, company, or corporation, operating a railroad as a
common carrier in the state of Missouri and violating the provisions of
this section, shall be fined not less than fifty dollars for each
separate offense. (L. 1969 H.B. 124 1, 2)



Notwithstanding the provisions of section 71.015, the governing
body of any city, town, or village which is located within a county which
borders a county of the first classification with a charter form of
government with a population in excess of six hundred fifty thousand,
proceeding as otherwise authorized by law or charter, may annex
unincorporated areas which are contiguous and compact to the existing
corporate limits upon verified petition requesting such annexation signed
by the owners of all fee interests of record in all tracts located within
the area to be annexed. (L. 1973 H.B. 200 1, A.L. 1976 H.B. 1362, A.L.
1978 S.B. 738, A.L. 1984 H.B. 1214 & 1319, A.L. 1986 H.B. 1261, A.L. 1994
S.B. 749, A.L. 2000 H.B. 1238)



1. Should any city, town, or village, not located in any county
of the first classification which has adopted a constitutional charter
for its own local government, seek to annex an area to which objection is
made, the following shall be satisfied:

(1) Before the governing body of any city, town, or village has adopted a
resolution to annex any unincorporated area of land, such city, town, or
village shall first as a condition precedent determine that the land to
be annexed is contiguous to the existing city, town, or village limits
and that the length of the contiguous boundary common to the existing
city, town, or village limit and the proposed area to be annexed is at
least fifteen percent of the length of the perimeter of the area proposed
for annexation.

(2) The governing body of any city, town, or village shall propose an
ordinance setting forth the following:

(a) The area to be annexed and affirmatively stating that the boundaries
comply with the condition precedent referred to in subdivision (1) above;

(b) That such annexation is reasonable and necessary to the proper
development of the city, town, or village;

(c) That the city has developed a plan of intent to provide services to
the area proposed for annexation;

(d) That a public hearing shall be held prior to the adoption of the
ordinance;

(e) When the annexation is proposed to be effective, the effective date
being up to thirty-six months from the date of any election held in
conjunction thereto.

(3) The city, town, or village shall fix a date for a public hearing on
the ordinance and make a good faith effort to notify all fee owners of
record within the area proposed to be annexed by certified mail, not less
than thirty nor more than sixty days before the hearing, and notify all
residents of the area by publication of notice in a newspaper of general
circulation qualified to publish legal matters in the county or counties
where the proposed area is located, at least once a week for three
consecutive weeks prior to the hearing, with at least one such notice
being not more than twenty days and not less than ten days before the
hearing.

(4) At the hearing referred to in subdivision (3), the city, town, or
village shall present the plan of intent and evidence in support thereof
to include:

(a) A list of major services presently provided by the city, town, or
village including, but not limited to, police and fire protection, water
and sewer systems, street maintenance, parks and recreation, refuse
collection, etc.;

(b) A proposed time schedule whereby the city, town, or village plans to
provide such services to the residents of the proposed area to be annexed
within three years from the date the annexation is to become effective;

(c) The level at which the city, town, or village assesses property and
the rate at which it taxes that property;

(d) How the city, town, or village proposes to zone the area to be
annexed;

(e) When the proposed annexation shall become effective.

(5) Following the hearing, and either before or after the election held
in subdivision (6) of this subsection, should the governing body of the
city, town, or village vote favorably by ordinance to annex the area, the
governing body of the city, town or village shall file an action in the
circuit court of the county in which such unincorporated area is
situated, under the provisions of chapter 527, RSMo, praying for a
declaratory judgment authorizing such annexation. The petition in such
action shall state facts showing:

(a) The area to be annexed and its conformity with the condition
precedent referred to in subdivision (1) of this subsection;

(b) That such annexation is reasonable and necessary to the proper
development of the city, town, or village; and

(c) The ability of the city, town, or village to furnish normal municipal
services of the city, town, or village to the unincorporated area within
a reasonable time not to exceed three years after the annexation is to
become effective. Such action shall be a class action against the
inhabitants of such unincorporated area under the provisions of section
507.070, RSMo.

(6) Except as provided in subsection 3 of this section, if the court
authorizes the city, town, or village to make an annexation, the
legislative body of such city, town, or village shall not have the power
to extend the limits of the city, town, or village by such annexation
until an election is held at which the proposition for annexation is
approved by a majority of the total votes cast in the city, town, or
village and by a separate majority of the total votes cast in the
unincorporated territory sought to be annexed. However, should less than
a majority of the total votes cast in the area proposed to be annexed
vote in favor of the proposal, but at least a majority of the total votes
cast in the city, town, or village vote in favor of the proposal, then
the proposal shall again be voted upon in not more than one hundred
twenty days by both the registered voters of the city, town, or village
and the registered voters of the area proposed to be annexed. If at least
two-thirds of the qualified electors voting thereon are in favor of the
annexation, then the city, town, or village may proceed to annex the
territory. If the proposal fails to receive the necessary majority, no
part of the area sought to be annexed may be the subject of another
proposal to annex for a period of two years from the date of the
election, except that, during the two-year period, the owners of all fee
interests of record in the area or any portion of the area may petition
the city, town, or village for the annexation of the land owned by them
pursuant to the procedures in section 71.012. The elections shall if
authorized be held, except as herein otherwise provided, in accordance
with the general state law governing special elections, and the entire
cost of the election or elections shall be paid by the city, town, or
village proposing to annex the territory.

(7) Failure to comply in providing services to the said area or to zone
in compliance with the plan of intent within three years after the
effective date of the annexation, unless compliance is made unreasonable
by an act of God, shall give rise to a cause of action for deannexation
which may be filed in the circuit court by any resident of the area who
was residing in the area at the time the annexation became effective.

(8) No city, town, or village which has filed an action under this
section as this section read prior to May 13, 1980, which action is part
of an annexation proceeding pending on May 13, 1980, shall be required to
comply with subdivision (5) of this subsection in regard to such
annexation proceeding.

(9) If the area proposed for annexation includes a public road or highway
but does not include all of the land adjoining such road or highway, then
such fee owners of record, of the lands adjoining said highway shall be
permitted to intervene in the declaratory judgment action described in
subdivision (5) of this subsection.

2. Notwithstanding any provision of subsection 1 of this section, for any
annexation by any city with a population of three hundred fifty thousand
or more inhabitants which is located in more than one county that becomes
effective after August 28, 1994, if such city has not provided water and
sewer service to such annexed area within three years of the effective
date of the annexation, a cause of action shall lie for deannexation,
unless the failure to provide such water and sewer service to the annexed
area is made unreasonable by an act of God. The cause of action for
deannexation may be filed in the circuit court by any resident of the
annexed area who is presently residing in the area at the time of the
filing of the suit and was a resident of the annexed area at the time the
annexation became effective. If the suit for deannexation is successful,
the city shall be liable for all court costs and attorney fees.

3. Notwithstanding the provisions of subdivision (6) of subsection 1 of
this section, all cities, towns, and villages located in any county of
the first classification with a charter form of government with a
population of two hundred thousand or more inhabitants which adjoins a
county with a population of nine hundred thousand or more inhabitants
shall comply with the provisions of this subsection. If the court
authorizes any city, town, or village subject to this subsection to make
an annexation, the legislative body of such city, town or village shall
not have the power to extend the limits of such city, town, or village by
such annexation until an election is held at which the proposition for
annexation is approved by a majority of the total votes cast in such
city, town, or village and by a separate majority of the total votes cast
in the unincorporated territory sought to be annexed; except that:

(1) In the case of a proposed annexation in any area which is contiguous
to the existing city, town or village and which is within an area
designated as flood plain by the Federal Emergency Management Agency and
which is inhabited by no more than thirty registered voters and for which
a final declaratory judgment has been granted prior to January 1, 1993,
approving such annexation and where notarized affidavits expressing
approval of the proposed annexation are obtained from a majority of the
registered voters residing in the area to be annexed, the area may be
annexed by an ordinance duly enacted by the governing body and no
elections shall be required; and

(2) In the case of a proposed annexation of unincorporated territory in
which no qualified electors reside, if at least a majority of the
qualified electors voting on the proposition are in favor of the
annexation, the city, town or village may proceed to annex the territory
and no subsequent election shall be required.

If the proposal fails to receive the necessary separate majorities, no
part of the area sought to be annexed may be the subject of any other
proposal to annex for a period of two years from the date of such
election, except that, during the two-year period, the owners of all fee
interests of record in the area or any portion of the area may petition
the city, town, or village for the annexation of the land owned by them
pursuant to the procedures in section 71.012. The election shall, if
authorized, be held, except as otherwise provided in this section, in
accordance with the general state laws governing special elections, and
the entire cost of the election or elections shall be paid by the city,
town, or village proposing to annex the territory. Failure of the city,
town or village to comply in providing services to the area or to zone in
compliance with the plan of intent within three years after the effective
date of the annexation, unless compliance is made unreasonable by an act
of God, shall give rise to a cause of action for deannexation which may
be filed in the circuit court by any resident of the area who was
residing in such area at the time the annexation became effective or by
any nonresident owner of real property in such area. (L. 1953 p. 309 1,
A.L. 1980 H.B. 1110, A.L. 1986 H.B. 1261, A.L. 1990 H.B. 1536, A.L. 1992
S.B. 571, A.L. 1993 H.B. 566, A.L. 1994 S.B. 700 merged with S.B. 749,
A.L. 1996 H.B. 1237, A.L. 1999 S.B. 160 & 82)

(2005) First valid step toward annexation is proposal of an ordinance to
annex. City of St. Joseph v. Village of Country Club, 163 S.W.3d 905
(Mo.banc).



Whenever fifty percent or more of the area of a city, town, or
village organized under the laws of this state is liable to be inundated
as a result of the construction of a lake, reservoir or other body of
water, and it is determined by the legislative body of the city, town, or
village, that it is impracticable to annex adjacent or contiguous
territory to afford the necessary additional area for the city, town, or
village, the legislative body of the city, town, or village may extend
its governmental authority over a new townsite in the manner provided in
sections 71.016 to 71.019. (L. 1969 p. 133 1)



1. The owners of a tract of land not more than ten miles distant
from the nearest limits of the city, town, or village, or within such
greater distance as may be reasonable under the circumstances in order to
secure the most desirable site, may present to the legislative body of
the city, town, or village a plat containing the same information as is
required by the laws of this state to be contained in a plat of an
original townsite. The legislative body shall examine the plat, and may
require such amendments, changes, additions, or withdrawals therefrom as
it deems necessary, and if the legislative body finds that the area
contained in the plat is a suitable and desirable site to which the city,
town, or village should be moved, it shall pass an ordinance declaring
the acceptance of the plat, and shall submit to the voters of the city,
town, or village, the question of whether the territory comprised within
the plat shall be annexed. The requirements of section 71.015 shall not
apply to an annexation under the provisions of sections 71.016 to 71.019.

2. If the annexation of the territory comprised within such plat is
approved by a majority of the voters of the city, town, or village voting
on the question the legislative body shall so declare by resolution, and
shall cause a copy of its resolution and the original plat to be filed
for record in the office of the county clerk. If part or all of the
territory comprised within the plat lies in a county other than that in
which the existing territory of the city, town, or village lies, the
resolution and the plat shall be recorded in each county. Upon the date
of the filing of the resolution and the plat, the territory comprised
within the plat shall be annexed to and shall form a part of the city,
town, or village. (L. 1969 p. 133 2, 3, A.L. 1978 H.B. 971)



Whenever any city, town, or village has annexed a new site under
the provisions of sections 71.016 to 71.019, the legislative body of the
city, town, or village may exclude from its boundaries any portion or
portions of the territory embraced within its limits as they existed
prior to the annexation of the new site whenever by reason of inundation,
disoccupation or any other cause whatsoever, the retention thereof within
the limits of the city, town, or village ceases to be desirable for the
public interest and for the interest of the inhabitants thereof and of
the owners of such land. Until such exclusion, all portions of the
original territory of the city, town, or village shall continue within
its limits and shall be subject to its governmental authority.
Proceedings for such exclusion of territory shall be in accordance with
the general laws of this state. (L. 1969 p. 133 4)



Any city, town, or village annexing a townsite under the
provisions of sections 71.016 to 71.019, through its legislative body,
may:

(1) Provide by ordinance for the acquisition of the property so annexed
and platted, through the exercise of the right of condemnation in the
manner provided by law, or by negotiated purchases or in any other lawful
manner;

(2) Provide for the reimbursement of owners of such acquired property
through the issuance of bonds in the manner provided by law, and may hold
any necessary bond election together with the election provided in
section 71.017, or through the encumbrance of such acquired property or
in any other lawful manner;

(3) Provide for the administration of the annexed or acquired property,
including the authority to zone and other similar and usual powers for
regulating use and development of realty and in the case of acquired
property the power to provide for and regulate the sale of lots and
excess property and to enact such ordinances as will facilitate the
orderly and equitable relocation of the city, town, or village;

(4) Act in concert with, cooperate with, or deal with, any private
person, agency, nonprofit corporation, governmental body or agency or
other appropriate entity in the accomplishment of such ends. (L. 1969 p.
133 5)



Whenever a petition, signed by the voters of any city,
incorporated town or incorporated village of this state, equal in number
to one-half of those who voted for the officers therein at the last
election, shall be presented to the corporate authorities of such city,
town or village, praying that the name of such city, town or village may
be changed, it shall be lawful for such corporate authorities to make
such change in the manner herein provided. (RSMo 1939 7322, A.L. 1978
H.B. 971)

Prior revisions: 1929 7171; 1919 8620; 1909 9508



Previous to the presentation of the petition mentioned in section
71.020, the name proposed to be given to such city, town or village shall
be filed in the office of the secretary of state, to be there retained
for the period of at least sixty days, and, upon application, the
secretary of state shall, at any time after the filing of such name,
grant a certificate, stating that such name has not been given to any
other city, incorporated town or incorporated village or municipality of
this state, if such be the fact; but if such name has been adopted by any
other city, town or village or municipality, the secretary of state shall
so notify the party or parties making such application, in which case
another name shall be filed in his office, which name shall likewise
remain for the period of sixty days, and no petition shall be acted upon
by said corporate authorities unless accompanied by the certificate of
the secretary of state, setting forth that such name has not been adopted
elsewhere in this state. (RSMo 1939 7323)

Prior revisions: 1929 7172; 1919 8621; 1909 9509



The secretary of state shall, as soon as practicable after the
passage of this law, communicate with the county clerks in each county in
this state, and ascertain the names of all cities, towns, villages or
other municipal corporations therein, and arrange such names in
alphabetical order for convenient reference. Such lists of names shall be
kept filed in his office, and shall be changed whenever a change of name
shall be effected under the provisions of this chapter. (RSMo 1939 7324)

Prior revisions: 1929 7173; 1919 8622; 1909 9510



At any meeting of the corporate authorities of any city,
incorporated town or incorporated village, after the presentation of the
petition herein provided, such corporate authorities shall fix the time
when such petition shall be considered, and order notice of the
presentation thereof to be given by publishing such notice for three
consecutive weeks in some newspaper having a general circulation in such
city, town or village; such notice shall state that a change of name of
such city, town or village has been prayed for, and the time when action
on said petition shall be had, at which time remonstrances, if any, will
be heard. (RSMo 1939 7325)

Prior revisions: 1929 7174; 1919 8623; 1909 9511



At the time fixed in the notice provided for in section 71.050,
or if, from any cause, action thereon is not taken, such petition praying
for change of name shall be, with all remonstrances, heard at any
subsequent meeting of such corporate authorities; and when said
authorities have heard such petitions and remonstrances, and are
satisfied such change of name is necessary or proper, they shall
thereupon make an order changing the name of such city, town or village,
and adopting the name prayed for in such petition. (RSMo 1939 7326)

Prior revisions: 1929 7175; 1919 8624; 1909 9512



If said change of name is made, said corporate authorities shall
cause a copy of the order making such change to be filed in the office of
the secretary of state, who shall thereupon make known the facts of such
change by publication in some newspaper of the county in which such city,
town or village is situated, and also in some newspaper in the city of
St. Louis; and all the courts of this state shall take judicial notice of
the change there made. (RSMo 1939 7327)

Prior revisions: 1929 7176; 1919 8625; 1909 9513



Nothing in sections 71.020 to 71.080 shall affect the rights or
privileges of such city, town or village, or those of any person, as the
same existed before such change of name. And all proceedings pending in
any court or place, in favor of or against said city, town or village,
may be continued to final consummation under the name in which the same
was commenced. (RSMo 1939 7328)

Prior revisions: 1929 7177; 1919 8626; 1909 9514



When the plat of any unincorporated town or village shall be
placed upon record in any county of this state, the circuit court of said
county shall have power to change the name of such unincorporated town or
village, upon a petition of a majority of the legal voters residing
within the limits of such town or village; provided, notice of the
proposed change of name shall be filed in the office of the secretary of
state, as provided in section 71.030. (RSMo 1939 7329, A.L. 1978 H.B.
1634)

Prior revisions: 1929 7178; 1919 8627; 1909 9515

Effective 1-2-79



Where any city, town or village in this state hath a common
annexed to it, the trustees or body corporate of said city, town or
village shall have authority to sell or convey, by deed in fee simple,
all the common annexed to said city, town or village. (RSMo 1939 7361)

Prior revisions: 1929 7210; 1919 8649; 1909 9537



The trustees, or body corporate, of said city, town or village,
is hereby given full power and authority to pass any laws, bylaws,
ordinance or other necessary provisions regulating and effecting the sale
of said commons, or to perform, or cause to be performed, all acts that
are, or may become, necessary to carry into full effect the sale of said
commons by said city, town or village. (RSMo 1939 7362)

Prior revisions: 1929 7311; 1919 8650; 1909 9538



Whenever any property, real or personal, is held by any municipal
corporation in a fiduciary capacity, the circuit court shall have
jurisdiction, upon proceedings instituted in the name of the attorney
general or prosecuting attorney, to inquire into any breaches of trust,
fraud or negligence, and to administer the proper relief. (RSMo 1939
7314)

Prior revisions: 1929 7163; 1919 8612; 1909 9500



Such proceedings shall be conducted as near as may be in
conformity with the law regulating practice in civil cases. (RSMo 1939
7315)

Prior revisions: 1929 7164; 1919 8613; 1909 9501



Every commission, board, committee, officer or other governing
body of any city or town shall purchase and use only those materials,
products, supplies, provisions and other needed articles produced,
manufactured, compounded, made or grown within the state of Missouri,
when they are found in marketable quantities in the state and are of a
quality suited to the purpose intended and can be secured without
additional cost over foreign products or products of other states;
provided, however, that quality and fitness of articles shall be
considered in purchasing or letting contracts for articles herein
mentioned. (RSMo 1939 14616, A. 1949 H.B. 2023)

Prior revision: 1929 13320



No property qualification shall be required of any person to
render him eligible to any office in any city or incorporated town. (RSMo
1939 7290, A. 1949 H.B. 2023)

Prior revisions: 1929 7139; 1919 8588; 1909 9476



Whenever the council of any incorporated city or town in this
state shall be of the opinion that there has been a substantial increase
or decrease in the population of such city or town since the last
preceding census of such city or town, taken under the authority of the
state, or of the United States, said council may, by resolution, declare
that it is deemed advisable and necessary that a special census be taken
in said city or town, and request the governor to order a special census
to be taken therein. Upon such a resolution being passed by the council
of any incorporated city or town and a certified copy thereof, certified
to by the city clerk of such city or town, being presented to the
governor, the governor shall order a special census to be taken in such
city or town and shall immediately appoint a census supervisor, who shall
be a resident in and qualified voter of such city or town, to supervise
the taking of such special census. Such supervisor shall subscribe to an
oath that he will faithfully discharge the duties of such office and
cause a true and correct census of the population of such city to be
taken, according to his best ability, which oath shall be filed with the
secretary of state. (RSMo 1939 7408)

Prior revision: 1929 7256

(1971) The revenue from the cigarette tax authorized by section 66.340,
RSMo, is to be allocated among the unincorporated and the incorporated
areas of the county on the basis of decennial census population figures
and not on the basis of population figures shown by special municipal
census taken pursuant to this section. City of Bridgeton v. Gilstrap
(Mo.), 463 S.W.2d 908.



Upon qualifying in the manner prescribed in section 71.160, the
census supervisor shall appoint such enumerators as may be necessary to
assist in taking such census, each of whom shall take the same oath as
heretofore prescribed for such supervisor, before some officer authorized
to administer oaths. Such supervisor and enumerators shall immediately
proceed to take a census of such city or town, for the sole purpose of
determining the population of such city or town, and no other information
shall be taken by such supervisor and enumerators. Upon the completion of
such census, the supervisor shall certify the result thereof to the
secretary of state, and, from and after the date of the filing of such
certificate with the secretary of state, the population of such city or
town, as given in such certificate of the supervisor, shall be the legal
census and population of such city or town, for all purposes whatsoever,
under the constitution and laws of the state. (RSMo 1939 7409)

Prior revision: 1929 7257



The census supervisor and enumerators provided for in the
preceding sections shall receive such compensation as may be designated
by the governor for their services; provided, that the compensation of
the supervisor shall not exceed seven dollars and fifty cents for each
day actually spent in the performance of his duties as such supervisor,
and the compensation of the enumerators shall not exceed five dollars
each for each day actually spent in the performance of their duties as
enumerators. The compensation of the supervisor and enumerators and all
other expenses of such census shall be paid by the city in which such
census is taken. (RSMo 1939 7410)

Prior revision: 1929 7258



1. Any municipality engaged in the exercise of governmental
functions may carry liability insurance and pay the premiums therefor to
insure such municipality and their employees against claims or causes of
action for property damage or personal injuries, including death, caused
while in the exercise of the governmental functions, and shall be liable
as in other cases of torts for property damage and personal injuries
including death suffered by third persons while the municipality is
engaged in the exercise of the governmental functions to the extent of
the insurance so carried.

2. In all suits brought against the municipality for tort damages
suffered by anyone while the municipality is engaged in the exercise of
governmental functions, it shall be unlawful for the amount of insurance
so carried to be shown in evidence, but the court shall be informed
thereof and shall reduce any verdict rendered by a jury for an amount in
excess of such insurance to the amount of the insurance coverage for the
claim. (L. 1959 S.B. 346 1, 2)

(1977) Statutes which contain disclaimer provisions that they shall not
be construed as waiver of sovereign immunity show desirability of
providing relief rather than legislative expression favoring retention of
sovereign immunity. Jones v. State Highway Commission (Mo.), 557 S.W.2d
225.

(1979) A school district is not a "municipality" for purposes of statute
which waives the sovereign immunity of a municipality for torts committed
while exercising a governmental function if and to the extent the
municipality carries liability insurance. Beiser v. Parkway School
District (Mo.), 589 S.W.2d 277.

(1985) Held, for purposes of section 71.185, RSMo, the St. Louis Housing
Authority is not a "municipality". State ex rel. St. Louis Housing
Authority v. Gaertner, 695 S.W.2d 460.

(1987) The operation and supervision of a police department does
constitute a governmental function and city may be liable to the extent
of liability insurance purchased for the alleged negligent acts of police
officers. Nelson v. City of Chester, Ill., 733 S.W.2d 28 (Mo.App.).



1. Any license or permit issued by a municipality to a person in
order for such person to seek, obtain or maintain employment as a
security guard shall be valid in any municipality within a charter county
with a population not exceeding three hundred thousand adjoining another
first class charter county, or by reciprocal agreement between the
municipalities in any other county.

2. For the purposes of this section, the term "security guard" is defined
as any person who is not authorized to carry a firearm and who is paid to
protect the person or property of another, but shall not include law
enforcement officers or any other public official or employee. (L. 1997
H.B. 756 1)



All cities in this state shall have power to appoint both men and
women as members of the police force and to prescribe their duties and
provide for their compensation. (RSMo 1939 7427, A.L. 1983 H.B. 97)

Prior revisions: 1929 7274; 1919 8696



1. Any city of this state that now has or may hereafter have a
population of more than forty thousand inhabitants and less than four
hundred and fifty thousand is authorized to provide by ordinance or
otherwise for the pensioning of its municipal employees and the surviving
spouses and children of deceased employees and to appropriate and utilize
its municipal revenues and other available funds for these purposes.

2. Any city authorized to provide for the pensioning of its municipal
employees and the surviving spouses and children of deceased employees in
accordance with subsection 1 may include within the provisions of any
pension plan adopted the employees of any municipally owned or operated
public utility, or may authorize by ordinance or otherwise a separate
plan for the pensioning of the employees and the surviving spouses and
children of deceased employees of any such municipally owned public
utility. Any pension plan adopted covering the employees and the
surviving spouses and children of the deceased employees of a municipally
owned or operated public utility may provide that the pensions to such
employees and their surviving spouses and children be paid from the funds
and revenues of the municipally owned public utility. If the employees of
any such municipally owned public utility are included in a plan covering
all of the city's municipal employees, then the plan may provide a pro
rata share of the cost of administering the pension plan shall be borne
by funds and revenues of the municipal utility, and if a separate plan is
provided covering just the employees and the surviving spouses and
children of deceased employees of the municipal utility, then the plan
may provide the cost of administering the plan be paid solely from funds
and revenue of the municipal utility. (L. 1959 H.B. 205 1, 2, A.L.
1965 p. 190, A.L. 1983 H.B. 571)

CROSS REFERENCE: Multinational banks, securities and obligations of,
investment in, when, RSMo 409.950



Whenever any municipality has established pension plans for the
pensioning of the salaried employees of such city and the surviving
spouses and minor children of deceased employees, the right of any person
to a benefit, any other right accrued or accruing to any person under the
provisions of such pension plan and the funds created under such pension
plan are exempt from any tax of the state of Missouri and are not subject
to execution, garnishment, attachment or any other process whatsoever and
are unassignable unless specifically so provided in such plan. (L. 1972
H.B. 1065 1, A.L. 1983 H.B. 571, A.L. 1988 H.B. 924 & 1243)



1. The various cities, towns and villages in this state, whether
organized under special charter or under the general laws of the state,
are hereby authorized and empowered to, by ordinance, cause all persons
who have been convicted and sentenced by the court having jurisdiction,
for violation of ordinance of such city, town or village, whether the
punishment be by fine or imprisonment, or by both, to be put to work and
perform labor on the public streets, highways and alleys or other public
works or buildings of such city, town or village, for such purposes as
such city, town or village may deem necessary. And the marshal,
constable, street commissioner, or other proper officer of such city,
town or village, shall have power and be authorized and required to have
or cause all such prisoners as may be directed by the mayor, or other
chief officer of such city, town or village, to work out the full number
of days for which they may have been sentenced, at breaking rock, or at
working upon such public streets, highways or alleys or other public
works or buildings of such city, town or village as may have been
designated. And if the punishment is by fine, and the fine be not paid,
then for every ten dollars of such judgment the prisoner shall work one
day. And it shall be deemed a part of the judgment and sentence of the
court that such prisoner may be worked as herein provided.

2. When a fine is assessed for violation of an ordinance, it shall be
within the discretion of the judge, or other official, assessing the fine
to provide for the payment of the fine on an installment basis under such
terms and conditions as he may deem appropriate. (RSMo 1939 7359, A.L.
1971 S.B. 227, A.L. 1978 H.B. 1634)

Prior revisions: 1929 7208; 1919 8648; 1909 9536

Effective 1-2-79



If any person shall lay off an addition to any town or city which
he does not improve, and shall be the legal owner of all lots contained
in such addition, such person, or any other person who shall become the
legal owner thereof, shall have such addition or any part thereof vacated
by applying to the county commission of the proper county, after notice
as provided in section 71.240 and proof of ownership of such lots, but
such act of vacation shall have no force or effect until a certificate
thereof be made out by the clerk of the said commission and filed for
record in the recorder's office of said county. (RSMo 1939 7319)

Prior revisions: 1929 7168; 1919 8617; 1909 9505



Whenever any person or corporation interested in any town or city
in this state may desire to vacate any lot, street, alley, common, public
square or part thereof, in such town or city, such person or corporation
may petition the county commission for the proper county, giving a
distinct description of the property to be vacated, and the names of the
persons to be affected thereby; which petition shall be filed with the
clerk of said commission thirty days previous to the sitting thereof, and
notice of the pendency of said petition shall be given for the same space
of time, either in a public newspaper printed in said town, or by written
notices thereof and set up in three of the most public places in said
town or city. (RSMo 1939 7316)

Prior revisions: 1929 7165; 1919 8614; 1909 9502

CROSS REFERENCES: Vacation of streets and lands by city authorities Third
class cities, RSMo 88.637 Fourth class cities, RSMo 88.673



If no opposition be made to such petition, the county commission
may vacate the same, with such restrictions as they may deem for the
public good; but if opposition be made, such application shall continue
until the next term of the commission, when, if the objector consent to
such vacation, or if two-thirds of all the real estate holders of the
town or city petition therefor, the commission may grant the prayer of
the petition. The part so vacated, if it be a lot, shall vest in him who
may have the title thereof, according to law; and if the same be a street
or alley, the same shall be attached to the ground bordering on such
street or alley, and all title thereto shall vest in the person owning
the property on each side thereof in equal proportions, according to the
length or breadth of such ground, as the same may border on such street
or alley; and whenever a public square or common shall be vacated, the
property thereof shall be disposed of in such manner as the proper
authorities of said town or city may direct. (RSMo 1939 7317)

Prior revisions: 1929 7166; 1919 8615; 1909 9503



But no such vacation of a street or alley shall take place,
unless the consent of the persons owning two-thirds of the property
immediately adjoining thereto be obtained therefor in writing, which
consent shall be acknowledged before some circuit or associate circuit
judge and filed for record in the recorder's office in said county. (RSMo
1939 7318, A.L. 1978 H.B. 1634)

Prior revisions: 1929 7167; 1919 8616; 1909 9504

Effective 1-2-79



1. Whenever a tract or parcel of land, being outside the limits
of any incorporated town, village or city shall have been subdivided and
streets, avenues, roads, alleys, public easements, public square or
common marked on the recorded plat of said subdivision, the county
commission of the county in which the subdivision is located may vacate
the streets, alleys, roads, public easements, public square or common or
part of either upon petition of the owner or owners of the ground lying
on both sides of or fronting on the street, avenue, road, alley, public
easement, public square or common, or part of such street, avenue, road,
alley, public easement, public square or common, proposed to be vacated.

2. No such vacation shall be ordered until proof shall be made to the
commission of the publication in a newspaper published in the county or
of written or printed notices posted in five public places in the county,
at least fifteen days prior to the term of the commission at which such
petition shall be presented, that application would be made at that term
of the commission for the vacation of the street, avenue, road, alley,
public easement, public square or common, or part thereof, as described
in the petition. Such notice shall state distinctly the nature of the
petition, when it is to be made, and what street, avenue, road, alley,
public easement, public square or common or part of such street, avenue,
road, alley, public easement, public square or common, is proposed to be
vacated. Utility providers which provide service in the area of the
street, avenue, road, alley, public easement, public square or common, or
any part of such street, avenue, road, alley, public easement, public
square or common, sought to be vacated shall be notified of the petition
by the proponent of the petition.

3. If no person interested in such subdivision shall appear and show
cause to the commission why the vacation should not be made, the
commission may make the order for the vacation as requested in the
petition.

4. In the event that the commission orders the requested vacation, such
order shall be filed with the office of the county recorder of deeds.
(RSMo 1939 7320, A.L. 1957 p. 276, A.L. 1999 H.B. 779)

Prior revisions: 1929 7169; 1919 8618; 1909 9506

(1961) Street in unincorporated area dedicated under section 445.070
would not be deemed abandoned under section 228.190 by nonuser but could
only be vacated in accordance with section 71.270. Winschel v. County of
St. Louis (Mo.), 352 S.W.2d 652.



The provisions of section 71.270 shall not apply to any state or
county road established and opened prior to the filing of the plat of a
subdivision; but such road, when marked on the plat, may be vacated by
the county commission when it shall no longer be used and maintained as a
state or county road, and the same, when vacated, shall vest in the
person who may have the legal title thereof. (RSMo 1939 7321)

Prior revisions: 1929 7170; 1919 8619; 1909 9507



All officers elected to offices or appointed to fill a vacancy in
any elective office in any village in any county of the first
classification having a population of over nine hundred thousand shall be
voters under the laws and constitution of this state and the ordinances
of the village, except that appointed officers need not be voters of the
village. No person shall be elected or appointed to any office who shall
at the time be in arrears for any unpaid village taxes, or forfeiture or
defalcation in office. All officers, except appointed officers, shall be
residents of the village. (L. 1993 S.B. 31, A.L. 1994 S.B. 517)



1. Whenever weeds or trash, in violation of an ordinance, are
allowed to grow or accumulate, as the case may be, on any part of any lot
or ground within any city, town or village in this state, the owner of
the ground, or in case of joint tenancy, tenancy by entireties or tenancy
in common, each owner thereof, shall be liable. The marshal or other city
official as designated in such ordinance shall give a hearing after ten
days' notice thereof, either personally or by United States mail to the
owner or owners, or the owner's agents, or by posting such notice on the
premises; thereupon, the marshal or other designated city official may
declare the weeds or trash to be a nuisance and order the same to be
abated within five days; and in case the weeds or trash are not removed
within the five days, the marshal or other designated city official shall
have the weeds or trash removed, and shall certify the costs of same to
the city clerk, who shall cause a special tax bill therefor against the
property to be prepared and to be collected by the collector, with other
taxes assessed against the property; and the tax bill from the date of
its issuance shall be a first lien on the property until paid and shall
be prima facie evidence of the recitals therein and of its validity, and
no mere clerical error or informality in the same, or in the proceedings
leading up to the issuance, shall be a defense thereto. Each special tax
bill shall be issued by the city clerk and delivered to the collector on
or before the first day of June of each year. Such tax bills if not paid
when due shall bear interest at the rate of eight percent per annum.
Notwithstanding the time limitations of this section, any city, town or
village located in a county of the first classification may hold the
hearing provided in this section four days after notice is sent or
posted, and may order at the hearing that the weeds or trash shall be
abated within five business days after the hearing and if such weeds or
trash are not removed within five business days after the hearing, the
order shall allow the city to immediately remove the weeds or trash
pursuant to this section. Except for lands owned by a public utility,
rights-of-way, and easements appurtenant or incidental to lands
controlled by any railroad, the department of transportation, the
department of natural resources or the department of conservation, the
provisions of this subsection shall not apply to any city with a
population of at least seventy thousand inhabitants which is located in a
county of the first classification with a population of less than one
hundred thousand inhabitants which adjoins a county with a population of
less than one hundred thousand inhabitants that contains part of a city
with a population of three hundred fifty thousand or more inhabitants,
any city with a population of one hundred thousand or more inhabitants
which is located within a county of the first classification that adjoins
no other county of the first classification, or any city, town or village
located within a county of the first classification with a charter form
of government with a population of nine hundred thousand or more
inhabitants, or any city with a population of three hundred fifty
thousand or more inhabitants which is located in more than one county, or
the City of St. Louis, where such city, town or village establishes its
own procedures for abatement of weeds or trash, and such city may charge
its costs of collecting the tax bill, including attorney fees, in the
event a lawsuit is required to enforce a tax bill.

2. Except as provided in subsection 3 of this section, if weeds are
allowed to grow, or if trash is allowed to accumulate, on the same
property in violation of an ordinance more than once during the same
growing season in the case of weeds, or more than once during a calendar
year in the case of trash, in any city with a population of three hundred
fifty thousand or more inhabitants which is located in more than one
county, in the City of St. Louis, in any city, town or village located in
a county of the first classification with a charter form of government
with a population of nine hundred thousand or more inhabitants, in any
fourth class city located in a county of the first classification with a
charter form of government and a population of less than three hundred
thousand, or in any home rule city with more than one hundred thirteen
thousand two hundred but less than one hundred thirteen thousand three
hundred inhabitants located in a county with a charter form of government
and with more than six hundred thousand but less than seven hundred
thousand inhabitants, the marshal or other designated city official may
order that the weeds or trash be abated within five business days after
notice is sent to or posted on the property. In case the weeds or trash
are not removed within the five days, the marshal or other designated
city official may have the weeds or trash removed and the cost of the
same shall be billed in the manner described in subsection 1 of this
section.

3. If weeds are allowed to grow, or if trash is allowed to accumulate, on
the same property in violation of an ordinance more than once during the
same growing season in the case of weeds, or more than once during a
calendar year in the case of trash, in any city with a population of
three hundred fifty thousand or more inhabitants which is located in more
than one county, in the City of St. Louis, in any city, town or village
located in a county of the first classification with a charter form of
government with a population of nine hundred thousand or more
inhabitants, in any fourth class city located in a county of the first
classification with a charter form of government and a population of less
than three hundred thousand, in any home rule city with more than one
hundred thirteen thousand two hundred but less than one hundred thirteen
thousand three hundred inhabitants located in a county with a charter
form of government and with more than six hundred thousand but less than
seven hundred thousand inhabitants, in any third class city with a
population of at least ten thousand inhabitants but less than fifteen
thousand inhabitants with the greater part of the population located in a
county of the first classification, in any city of the third
classification with more than sixteen thousand nine hundred but less than
seventeen thousand inhabitants, or in any city of the third
classification with more than eight thousand but fewer than nine thousand
inhabitants, the marshal or other designated official may, without
further notification, have the weeds or trash removed and the cost of the
same shall be billed in the manner described in subsection 1 of this
section. The provisions of subsection 2 and this subsection do not apply
to lands owned by a public utility and lands, rights-of-way, and
easements appurtenant or incidental to lands controlled by any railroad.

4. The provisions of this section shall not apply to any city with a
population of one hundred thousand or more inhabitants which is located
within a county of the first classification that adjoins no other county
of the first classification where such city establishes its own
procedures for abatement of weeds or trash, and such city may charge its
costs of collecting the tax bill, including attorney fees, in the event a
lawsuit is required to enforce a tax bill. (L. 1971 H.B. 162, A.L. 1990
H.B. 1390, A.L. 1993 H.B. 333 merged with S.B. 221, A.L. 2000 S.B. 894,
A.L. 2001 H.B. 410 merged with S.B. 345, A.L. 2002 S.B. 1086 & 1126, A.L.
2004 H.B. 947)

CROSS REFERENCE: Weed abatement, procedure, notice, cities, towns or
villages and certain counties, RSMo 67.398



Notwithstanding any other provision of the law to the contrary,
no state law, city, town or village ordinance shall regulate the
exhibition of a properly displayed United States flag. For the purposes
of this section, the term "properly displayed" shall mean that the flag
contains no additional design or embellishment and is displayed
consistent with the provisions of Title 4 U.S.C. Sections 1-10, pursuant
to the normally accepted guidelines for the display of the United States
flag. (L. 2002 S.B. 918)



1. Any city, town, or village in this state may make an annual
voluntary report to the division on the water usage of the residents of
such city, town, or village. Such report shall show:

(1) The name and location of the city, town, or village;

(2) The location, nature and type of the water source supplying the city,
town, or village;

(3) The amount in gallons of water used by residents of the city, town,
or village on a monthly and yearly basis, either actual usage or
estimated usage;

(4) Anticipated water usage during the year next succeeding the date of
the report.

2. Any city, town, or village in this state which makes voluntary reports
as provided in this section may charge as a fee on any tax bill issued by
it for improvements pursuant to section 88.812 or 88.816, RSMo, a
percentage of the tax bill which when added to the rate of interest
permitted under section 88.812 or 88.816, RSMo, will result in a figure
which would be equal to an annual interest rate at the market rate as
defined in section 408.030, RSMo. (L. 1983 H.B. 271 9)



1. Any city or county shall have the authority to adopt
regulations with respect to outdoor advertising that are more restrictive
than the height, size, lighting and spacing provisions of sections
226.500 to 226.600, RSMo.

2. No city or county shall have the authority to impose a fee of more
than five hundred dollars for the initial inspection of an outdoor
advertising structure, nor may the city or county impose a business tax
on an outdoor advertising structure of more than two percent of the gross
annual revenue produced by the outdoor advertising structure within that
city or county. (L. 1997 H.B. 831 1, A.L. 1998 H.B. 1681 & 1342 merged
with S.B. 883)

(2000) Bill enacting section met constitutional requirements of single
subject and clear title. C.C. Dillon Co. v. City of Eureka, 12 S.W.3d 322
(Mo.banc).



Whenever any city, town, village, county, special road district,
sewer district or drainage district or other improvement district by its
charter or by the laws of this state applicable thereto is now or shall
hereafter be empowered to construct any public improvement, such city,
town, village, county or district shall have power to pay for the labor
and materials or any portion of both or either out of its general
revenue, and to accept, use, and apply in whole or in part payment for
the same any grant from the state or the government of the United States
or any agency of either, and such city, town, village, county or district
shall have power to accept a grant or assistance of labor for such
improvement or portion thereof furnished by those employed by any state
or federal agency for making such improvement, subject to the conditions,
if any, imposed by such agency of the state or federal government. The
balance of the cost of such improvement not paid out by the general
revenue of such city, town, village, county or district, or not paid out
of any grant of funds, or not represented by the furnishing of labor and
materials by the state or United States government or any agency thereof,
shall be levied as a special tax against the same property and in the
same proportion upon which the whole of the cost of such improvement
would have been levied as now provided by the charter of any such city,
town, village, county or district, or the present laws of this state
applicable thereto, except for such payment or grant. The proceedings in
each instance providing for the construction of such improvements from
their initiation to the awarding of the contract to the successful bidder
and the rights and privileges of citizens and of each property owner
affected thereby shall be the same as that now provided by the charter
and law governing such city, town, village, county or district where the
entire cost of such improvement is to be paid for in special tax bills or
special assessments against property; provided, however, that the plans,
specifications and the estimate of cost for such improvement now required
to be prepared and filed according to law shall specify what portion of
the material and labor or either it is estimated will be assessed against
benefited property. In letting contracts pursuant to this section the
awarding authority shall require bidders to separately state the amount
bid on that portion of such improvement for which payment is to be made
by special tax bills or benefit assessments. Where any portion of the
labor and materials on any such improvement shall be furnished in kind by
the state or the United States government or any bureau or agency thereof
in lieu of a cash grant the proceedings shall so state and bids shall be
required only for the balance of the labor and materials and the contract
shall be awarded to the lowest and best bidder or lowest responsible
bidder on the balance of said labor and materials. (RSMo 1939 7403)

CROSS REFERENCE: Public improvement defined for purposes of this section,
RSMo 246.271



All county seats or other cities or towns which are duly
incorporated are hereby authorized upon such terms as may be agreed upon,
in conjunction with their respective counties, to erect and maintain
courthouses and jails in such county seats and in such other towns or
cities for the joint use of such county seats or other towns or cities
and the county wherein they are located; and all authority now existing
under the law or that may hereafter be conferred on the counties in this
state for the purpose of providing the revenue for erecting and
maintaining the buildings herein provided for, may be exercised by such
counties jointly with such county seats or other towns or cities;
provided, that for the purposes of this section, such county seats, towns
or cities shall be authorized to issue and negotiate interest-bearing
bonds. (RSMo 1939 13704, A.L. 1945 p. 1394)

Prior revisions: 1929 12045; 1919 9445; 1909 3666



All cities, towns, villages and counties in this state are hereby
given power and authority to build or acquire, by purchase, lease, gift
or otherwise, suitable armories, drill halls and headquarters, and the
land necessary therefor, for such organizations of the national guard of
Missouri as may be stationed or located therein, and to provide for the
maintenance and repair of the same. (RSMo 1939 7364)

Prior revisions: 1929 7213; 1919 8652; 1909 9540



In case any organization of the national guard of Missouri now or
hereafter occupies any armory, drill hall or headquarters not owned or
leased by the city, town, village or county wherein it is located, such
city, town, village or county is hereby given power and authority to
provide for the maintenance and repair of such armory, drill hall or
headquarters. (RSMo 1939 7365)

Prior revisions: 1929 7214; 1919 8653; 1909 9541



The term "maintenance", as used in sections 71.310 and 71.320,
shall include light, water, heat, fuel, power, ice and the wages of
janitors, armorers and other employees necessary for such armories, drill
halls and headquarters. (RSMo 1939 7366)

Prior revisions: 1929 7215; 1919 8654; 1909 9542



The mayor and city council of any city or the chairman and board
of trustees of any incorporated town or village shall have the power to
annually appropriate and pay out of the treasury of such city or
incorporated town or village a sum of money, not to exceed ten percent of
the annual general revenue thereof, for the purpose of constructing,
building, repairing, working, grading or macadamizing any public road,
street and highway and any bridge thereon leading to and from such city
or incorporated town or village; and such appropriation shall be made by
ordinance and the money so appropriated shall be applied under the
supervision and direction of the engineers of such city or incorporated
town or village, and of the county highway engineer of the county in
which such city, town or village is located, or of some competent person
selected by such city, town or village and approved by the county highway
engineer, who shall make a report thereof, in writing, to the mayor and
city council of such city, or to the chairman and board of trustees of
such incorporated town or village; but this privilege shall not extend to
a greater distance than five miles from the corporate limits of such
city, town or village, and shall not be construed so as to allow any
obstruction to or interference with the free use of any such public road,
street or highway by the public, except so far as may be necessary while
such work is being done, and further shall not be construed to affect the
liability of such city, town or village, which liability shall be the
same as if such roads, streets and highways were inside the city limits.
(RSMo 1939 7312, A.L. 1945 p. 1308)

Prior revisions: 1929 7161; 1919 8610; 1909 9498

CROSS REFERENCE: Township board may expend one-fourth of revenue on city
streets, RSMo 65.295



Any incorporated city or town in this state of not more than
seven hundred thousand and not less than one thousand population, and any
county in this state having a constitutional charter, may rent, lease and
improve property, or acquire property by gift, purchase, exchange, or by
the exercise of the power of eminent domain over unimproved property in
the manner provided by law for the condemnation of land for street or
road purposes in such municipality or county, except that nothing herein
is construed to limit the right to the use of eminent domain in
connection with improved property used for or devoted to commercial
purposes; and may construct, install or equip buildings and facilities
thereon for parking motor vehicles; and may own, manage, use or operate
property and facilities thereon for parking motor vehicles, and make or
authorize the making of a charge for the use of property and facilities
for such purposes, except that the municipality or county shall not
dispense or furnish or allow any lessee or occupant to dispense or
furnish, upon or in connection with any property or facility acquired or
operated pursuant to this section any product or service other than the
parking of motor vehicles. (L. 1945 V. I p. 392 7411a, A.L. 1959 H.B.
328)



Any such incorporated city, town, or constitutional charter
county may finance and pay for the planning, designing, acquisition,
construction, equipment and improvement of property for parking motor
vehicles by any one or combination of the following methods:

(1) General revenue funds, including any proceeds derived from the
operation of such parking facilities;

(2) General obligation bonds within legal debt limitations;

(3) Negotiable interest-bearing revenue bonds, the principal and interest
of which shall be payable solely from the revenue derived from the
operation of such parking facilities, and from the proceeds, or any part
thereof, from on-street parking meter receipts of any city or town, which
proceeds or any part thereof may be pledged by the city, town or
constitutional charter county to the retirement of negotiable
interest-bearing revenue bonds, which revenue bonds may be issued and
sold by such municipality or constitutional charter county when
authorized by the city council, board of aldermen, county council or
other legislative authority of the city, town or county. (L. 1947 V. I p.
392 7411b, A.L. 1955 p. 300, A.L. 1959 H.B. 328)

(1956) Provision authorizing pledge of on-street parking meter receipts
for payment of revenue bonds issued to enable city to acquire off-street
parking facilities held constitutional. Petition of City of Liberty
(Mo.), 296 S.W.2d 117.



The governing body of each municipality in this state may provide
for and regulate crosswalks, curbs and gutters. However, after September
28, 1975, all new curbs which are constructed in any municipality, and
all existing curbs which are a part of any reconstruction, shall comply
with this section. In order to enable persons using wheelchairs to travel
freely and without assistance, at each crosswalk a ramp shall be built
into the curb so that the sidewalk and street blend to a common level.
Such ramp shall be not less than thirty-six inches wide and shall not
have a slope greater than one inch rise per twelve inches length (eight
and three-tenths percent). Where because of surrounding buildings or
other restrictions it is impossible to conform the slope with this
requirement, the ramp shall contain a slope with as shallow a rise as
possible under the circumstances not to exceed ten percent. In all ramps
there shall be a gradual rounding at the bottom of the slope. (L. 1975
S.B. 217 1)

CROSS REFERENCE: Public buildings and sidewalk handicap access
requirements, RSMo 8.620.



Deviations from the standards set forth in section 71.365 may be
permitted where conformance to such standards is impractical or
physically impossible and where the method, material and dimension used
in lieu thereof does not create a hazard. Such deviations must first be
submitted to the governing body of the municipality for approval or
rejection. (L. 1975 S.B. 217 2)



Any incorporated city in this state having a fire department may
contract to furnish fire protection to any other incorporated city or
cities in this state, whether or not such other incorporated city or
cities have a fire department. (RSMo 1939 7405)

Prior revision: 1929 7253



Any two or more incorporated cities wishing to take advantage of
sections 71.370 to 71.390 may, by ordinance duly enacted in each of such
cities, agree upon the terms upon which such fire protection shall be
furnished, and such agreement may, where two or more such cities have
fire departments, include an interchange of the service of such fire
departments upon such terms as are agreed upon; or such agreement may
provide for the payment of a stated sum per month or per year, or a
stated sum per fire, or any other method of compensation for such fire
protection that is agreed upon by the two or more incorporated cities
entering into such contract; provided, that any contract for a longer
period than five years shall have no binding force until ratified by a
majority of the voters voting on the question in each of the cities
entering into such contract. (RSMo 1939 7406, A.L. 1978 H.B. 971)

Prior revision: 1929 7254



Payments contracted for under sections 71.370 and 71.380 shall be
made from any funds of the city available for such purpose. (RSMo 1939
7407)

Prior revision: 1929 7255



Any two or more cities, towns or incorporated villages, whether
of the same class or not and whether contiguous or not, may enter into a
joint contract to acquire, install and operate a fire department for the
joint benefit and protection of the property situated in said contracting
municipalities and the lives of the inhabitants thereof, and to erect and
maintain at such place as may be agreed upon a building for the housing
of said fire department. (RSMo 1939 7391)

Prior revision: 1929 7240

CROSS REFERENCE: Cooperation with other political subdivisions, on public
improvements or facilities, RSMo 70.210 to 70.320



The contract mentioned in section 71.400, to be valid, shall be
authorized by ordinance passed by the council, board of aldermen or board
of trustees of the contracting parties, which ordinances shall be uniform
in their provisions, and prescribe the cost of installing the fire
department, including the erection or rental of a building for the use of
the department, and the maximum cost of the maintenance thereof and the
amount to be contributed by each of the contracting parties to the
original cost incurred in installing the department and the maximum
amount of the annual appropriation for the maintenance of said
department. (RSMo 1939 7392)

Prior revision: 1929 7241



The joint fire department so installed, as aforesaid, shall be
managed by a joint fire department committee consisting of one member
from each of the contracting parties, which shall prescribe such rules
and regulations, and appoint and employ such officers, firemen and other
persons as may be necessary to efficiently operate the fire department,
and acquire the necessary apparatus for the installation of the
department, the property on which the fire department is to be located
and supervise the erection of the fire department building, as authorized
by ordinance, all as herein provided. (RSMo 1939 7393)

Prior revision: 1929 7242



The building to be erected as herein provided may be used jointly
for such other municipal purposes as may be provided by ordinance passed
by each of the contracting parties. (RSMo 1939 7394)

Prior revision: 1929 7243



1. For the purpose of paying its share of the cost of any of the
expenditures herein authorized, exclusive of annual cost of maintenance,
any city, town or incorporated village which may have entered into a
joint contract, as provided in sections 71.400 to 71.430, may become
indebted to an amount exceeding, in any year, the income and revenue
provided for such year, the amount of such indebtedness, including
existing indebtedness at the time of incurring the same, not to exceed,
in the aggregate, five percent on the value of the taxable property in
said municipality, to be ascertained by the assessment next before the
last assessment for state and county purposes previous to the incurring
of such indebtedness.

2. To incur such indebtedness, the council, board of aldermen or board of
trustees of the contracting parties, each acting separately, shall order
that the question be submitted to the voters to determine whether or not
bonds shall be issued by said municipality, as herein authorized. The
notice shall state the amount of indebtedness to be incurred and of the
increase in the rate of taxation, if any, necessary to discharge such
indebtedness in the manner provided by law. (RSMo 1939 7395, A.L. 1978
H.B. 971)

Prior revision: 1929 7244



The question shall be submitted in substantially the following
form:

Shall the joint fire departments of ....... and ....... incur
indebtedness, evidenced by the issuance of bonds, in the amount of
....... dollars, and increase taxes by ...... for the purpose of
.........? (RSMo 1939 7396, A.L. 1978 H.B. 971)

Prior revision: 1929 7245



If it appears from the returns of such question that the
constitutionally required percentage of the voters of such municipality
were in favor of incurring such indebtedness, the council, board of
aldermen or board of trustees shall pass an ordinance reciting the
submission of the question and the result thereof, both for and against
the question, and if the result, as certified, shall be in favor of the
issuing of the bonds, then the council, board of aldermen or board of
trustees in the same ordinance shall direct the issuance of such bonds to
the amount of the debt so authorized to be incurred and shall, either
before or at the time of doing so, provide for the collection of an
annual tax sufficient to pay the interest on such indebtedness as it
falls due and also to create a sinking fund for the payment of the
principal thereof within twenty years from the date of contracting the
same. (RSMo 1939 7398, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

Prior revision: 1929 7247



The bonds to be issued, as provided in section 71.470, shall be
in denominations of one hundred dollars or some multiple thereof, and
shall be payable to bearer not later than twenty years from their date,
and shall bear interest from their date at a rate not exceeding six
percent per annum, payable annually or semiannually, such interest
payments to be evidenced by annexed coupons, and said bonds shall not be
sold for less than ninety-five percent of the face value thereof and
shall not exceed in the aggregate the limit of indebtedness herein
specified. Such bonds shall be signed by the mayor or chairman of the
board of trustees and attested by the signature of the clerk of the
municipality with the seal of his office affixed thereto. The interest
coupons may be executed by affixing thereon the facsimile signature of
said clerk. (RSMo 1939 7399)

Prior revision: 1929 7248



The city treasurer of the municipality issuing such bonds, or
such other officer as may be designated by ordinance, if there be no city
treasurer, under the direction of the council, board of aldermen or board
of trustees shall cause notice to be published in such manner as may be
provided by ordinance that sealed proposals for the purchase of all or a
part of said bonds will be received at his office and that the same will
be opened by him in the presence of the council, board of aldermen or
board of trustees on the day and hour mentioned in the notice. Any and
all bids that the council, board of aldermen or board of trustees may not
deem satisfactory as to price or otherwise shall be rejected, and in case
of rejection the bonds may be again advertised for sale or they may be
sold at not less than their face value at private sale. (RSMo 1939 7400)

Prior revision: 1929 7249



The bonds to be issued under sections 71.400 to 71.510 shall be
registered in the office of the state auditor in the manner prescribed by
law. (RSMo 1939 7401)

Prior revision: 1929 7250



The moneys derived from such bonds shall be deposited in the city
treasury and be paid out for the purposes for which the bonds were issued
in such manner as may be provided by ordinance. (RSMo 1939 7402)

Prior revision: 1929 7251



Any city, town or village in this state may by ordinance
authorize any person, or any company organized for the purpose of
supplying light, heat, power, water, gas or sewage disposal facilities,
and incorporated under the laws of this state, to set and maintain its
poles, piers, abutments, wires and other fixtures, and to excavate for,
install, and maintain water mains, sewage disposal lines, and necessary
equipment for the operation and maintenance of electric light plants,
heating plants, power plants, waterworks plants, gas plants and sewage
disposal plants, and to maintain and operate the same along, across or
under any of the public roads, streets, alleys, or public places within
such city, town, or village, for a period of twenty years or less,
subject to such rules, regulations and conditions as shall be expressed
in such ordinance. (RSMo 1939 7828)

Prior revisions: 1929 7683; 1919 9122; 1909 9947

CROSS REFERENCES: Privileges, city to grant for laying conductors and
erecting poles of utility companies, RSMo 393.010 Railroad right-of-way,
city may grant through public lands, RSMo 388.380 Telegraph and telephone
companies--privilege on constructing line--mode of construction directed
by whom, RSMo 392.080, 392.090

(1973) Municipality may condition grant of franchise to require all
electric lines be underground. Union Electric Co. v. City of Crestwood
(Mo.), 499 S.W.2d 480.



1. Except as provided in subsection 2 of this section, no city,
town or village may condemn the property of a public utility, as defined
in section 386.020, RSMo, or the property of a rural electric
cooperative, as provided in chapter 394, RSMo, if such property is used
or useful in providing utility services and the city, town or village
seeking to condemn such property, directly or indirectly, will use or
proposes to use the property for the same purpose, or a purpose
substantially similar to the purpose that the property is being used by
the public utility or rural electric cooperative.

2. A city, town or village may only condemn the property of a public
utility or the property of a rural electric cooperative, even if the
property is used or useful in providing utility services by such utility
or cooperative, if:

(1) The condemnation is necessary for the public purpose of acquiring a
nonexclusive easement or right-of-way across the property of such utility
or cooperative and only if the acquisition will not materially impair or
interfere with the current use of such property by the utility or
cooperative and will not prevent or materially impair the utility or
cooperative from any future expansion of its facilities on such property;
or

(2) The property is solely and exclusively devoted to the provision of
street lighting or traffic signal service by such utility in a city
having a population of at least three hundred fifty thousand inhabitants
located wholly or partially within a county of the first classification
with a charter form of government; or

(3) The property is owned by a water or sewer corporation, as defined in
section 386.020, RSMo, with less than five hundred hook-ups.

3. The provisions of this section shall apply to all cities, towns and
villages in this state, incorporated or unincorporated and no matter
whether any statutory classification, special charter or constitutional
charter or any other provision of law appears to convey the power of
condemnation of such property by implication.

4. If a city, town or village seeks to condemn the property of a public
utility or rural electric cooperative, and the conditions in subsection 1
of this section do not apply, this section does not limit the
condemnation powers otherwise possessed by such city, town or village.
(L. 1994 S.B. 709)



Where a city annexes property which, prior to the annexation, was
provided cable television services by any other party, such city or any
person granted a franchise from the city to provide such services shall
not prevent parties providing such services in the annexed area prior to
the annexation from operating in the annexed area. (L. 1994 S.B. 709)



Any city, town or village may contract with any corporation
organized under the laws of Missouri, or doing business as a foreign
corporation in the state of Missouri, for the purpose of supplying it
with gas, electricity or water. The contract may be for any length of
time which shall be agreed upon between the city, town or village and the
corporation, for a term not to exceed twenty years. Each contract may be
renewed for another period or periods for a term of not more than twenty
years per period. The provisions of this section shall apply to all
cities, towns and villages in this state, whether organized by special
charter or under the general laws of the state, any provisions in any
special charter of any city, town or village in the state to the contrary
notwithstanding. All renewal contracts entered into under the provisions
of this section shall be subject to voter approval of the majority of the
voters voting on the question, pursuant to the provisions of section
88.251, RSMo. Every initial contract for such services shall be approved
by a majority of the voters of the municipality voting on the question.
Nothing herein contained shall be so construed as to prevent the
governing body of any city, town or village from contracting with any
person, association or corporation for furnishing the city, town or
village with gas, electricity or water in municipalities where franchises
have already been granted and where gas, electric or water plants and
facilities already exist, without a vote of the people. (RSMo 1939
5370, A.L. 1943 p. 410 154, A. 1949 H.B. 2023, A.L. 1978 H.B. 971, A.L.
1987 S.B. 412, A.L. 1989 H.B. 451)

Prior revisions: 1929 4963; 1919 10173; 1909 3368



It shall be lawful for any incorporated city, town or village in
this state to enter into a contract separately or in conjunction with any
other incorporated city, town or village, or cities, towns or villages,
or with any private corporation or corporations, or with any corporation
now or hereafter engaged in pumping and delivering water at wholesale for
domestic consumption. It shall also be lawful for any such incorporated
city, town or village, or cities, towns and villages in this state to
acquire, own and hold, separately or in conjunction with any other city,
town or village, or cities, towns or villages, or any private corporation
in this state, water mains or interests in water mains through which to
procure an adequate supply of water for its inhabitants. (RSMo 1939
7389)

Prior revisions: 1929 7238; 1919 8670



Before any contract as authorized in section 71.540 shall be
entered into with any private corporation by any incorporated city, town
or village, or cities, towns and villages in this state, said contract
shall be approved by a majority of all the voters voting thereon. (RSMo
1939 7390, A.L. 1978 H.B. 971)

Prior revisions: 1929 7239; 1919 8671



The municipal assembly, city council or board of trustees of any
incorporated city in this state shall have no power to grant the use of,
or the right to lay down any tracks in any street of the city, to any
railroad company, or to any steam, dummy, electric, cable, horse or other
street car company, whether the same shall be incorporated under any
general or special law of the state, now or hereafter in force, except
upon the petition of the owners of the land representing more than
one-half of the frontage of the street or so much thereof as is sought to
be used for railroad or street car purposes; and when the street or part
thereof as is sought to be used shall be more than one mile in extent, no
petition of landowners shall be valid unless the same shall be signed by
the owners of the land representing more than one-half of the frontage of
each mile, and of the fraction of a mile, if any, in excess of the whole
mile, measuring from the initial point named in such petition, of such
street or part thereof sought to be used for such purpose; provided, that
this section shall not be construed to prevent granting authority to a
railroad company to lay a spur track or side track to any manufacturing
establishment or wholesale house, when desired by the parties owning such
manufacturing establishment or wholesale house; provided, however, that
nothing in this section shall be construed so as to prohibit the
municipal assembly, city council or board of trustees of any such city
from granting a renewal of any franchise now in force, to the extent of
the present mileage granted for such franchise. (RSMo 1939 7311)

Prior revisions: 1929 7160; 1919 8609; 1909 9497



The legislative authority of no incorporated town or city of this
state shall have the power to grant to any person or corporation the
right to construct and operate on, over or under any street or alley of
any incorporated town or city, any elevated, underground or other street
railroad without compliance with the conditions named in sections 71.580
and 71.590. (RSMo 1939 7307)

Prior revisions: 1929 7156; 1919 8605; 1909 9493



Before granting any franchise for constructing and operating any
elevated, underground or other street railroad on, over or under any
street or alley of any incorporated town or city, the authorities of such
town or city shall, by ordinance duly enacted, establish the route and
clearly define the terms and conditions of such franchise, and locate all
depots, stations, turnouts and switches of such railroad. The party to
which said franchise may be granted shall be an incorporated company,
organized under the laws of this state, to construct, maintain and
operate a street railroad in the town or city by which such franchise is
granted. (RSMo 1939 7308)

Prior revisions: 1929 7157; 1919 8606; 1909 9494



1. Before taking or damaging any property in the construction of
a railroad under such franchise, the corporation shall cause to be
ascertained and determined the damages that will be done by the building
and operation of such railroad, to the real and personal property
situated on the route fixed by the ordinance defining the franchise, and
shall pay to the owner or owners of the real and personal property so
affected, or into court for them, the amount of their respective damages.

2. In case the corporation fails to agree with the owners thereof for the
proper compensation for the damages done or likely to be done or
sustained by reason of the construction and operation of the railroad, or
if, by reason of the legal incapacity of any such owner, no compensation
can be agreed upon, the circuit court having jurisdiction over the town
or city granting such franchise on application of the corporation shall
appoint three disinterested residents of such town or city, who shall
give personal notice to all owners or their agents of property affected,
if they can be found, as well as ten days' notice by advertisement in the
newspapers doing the printing of such town or city, of their time and
place of meeting; and the commissioners having been first duly sworn to
perform their duties justly and impartially and a true report to make,
shall fully examine into the construction and operation of the railroad
and its effects upon the real and personal property damaged thereby,
making just allowances for the advantages which may have resulted or
which may result to the owner or owners of property for which damages may
be claimed or allowed, and after such comparison, shall estimate and
determine how much damages, if any, such property may have sustained or
seems likely to sustain by reason thereof, and make report of the same,
and if no exceptions be filed within ten days thereafter, or in the event
exceptions are filed and overruled, the court shall confirm the report
and enter judgment thereon; from which judgment either or any party shall
be entitled to an appeal or writ of error as in other cases. If the
proceeding seeks to affect the property of persons under conservatorship,
the conservators must be made parties, and if the property of married
persons, their spouses must be made parties.

3. The petition shall set forth the general nature of the franchise
granted, the nature of the railroad to be constructed and operated,
causing or likely to cause damage to private property for public use,
together with all facts necessary to give the court jurisdiction in the
premises, the names of owners of the several parcels of land and personal
property to be affected thereby, if known, or, if unknown, a correct
description of the property or interest whose owners are unknown. The
petition may be presented to the circuit court. Upon filing the petition,
a summons shall be issued giving the defendants at least ten days' notice
of the time when the petition will be heard, which summons shall be
served in the same manner as writs of summons are or may be by law
required to be served. If the name or residence of any defendant be
unknown, or if any defendant does not reside within this state, notice of
the time of hearing the petition, reciting the substance of the petition,
and the day fixed for the hearing thereof, shall be given by publication
for four consecutive weeks prior to the hearing of the petition, in the
paper doing the town or city printing, and the court, being satisfied
that due notice of the pending of the petition has been given, shall make
the appointment of the commissioners.

4. The report of the commissioners to the circuit court shall be in
writing and under oath, and filed with the clerk thereof, and the damages
allowed to each owner of property affected shall be separately stated.
The report of the commissioners may be reviewed by the circuit court on
written exceptions filed by any party in the clerk's office within ten
days after filing of such report, and the court shall make such order
therein as right and justice may require, and may order a new
appraisement on good cause shown, but the hearing of such exceptions
shall be summary, and the court shall fix a day therefor without delay.
The costs of the proceedings up to and including the filing of the
commissioners' report shall be paid by the corporation, but all costs
caused by any subsequent litigation shall be paid by the losing party.
All damage found by the commissioners shall, within thirty days after
filing their report, be paid to the owners of the property damaged, or
into court for them, by the corporation, and if the same is not so paid,
the railroad shall not be constructed. (RSMo 1939 7308, A.L. 1978 H.B.
1634, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 1070)

Prior revisions: 1929 7157; 1919 8606; 1909 9494



"Damages" in sections 71.570 to 71.600 are hereby defined to be
the depreciation in the value of the property that may result from the
construction and operation of the proposed railroad. (RSMo 1939 7309)

Prior revisions: 1929 7158; 1919 8607; 1909 9495



No municipal corporation in this state shall have the power to
impose a license tax upon any business, avocation, pursuit or calling,
unless such business, avocation, pursuit or calling is specially named as
taxable in the charter of such municipal corporation, or unless such
power be conferred by statute. (RSMo 1939 7440)

Prior revisions: 1929 7287; 1919 8702; 1909 9580

CROSS REFERENCES: Liquor licenses, cost of, limited by state charges,
RSMo 311.220 Nonintoxicating beer, permit fees not to exceed state
charges, RSMo 312.100, 312.140 Plumbers, license in certain cities, RSMo
341.010 to 341.080 Stationary engineers, license required in certain
cities, RSMo 342.010, 342.020

(1964) Constitutional charter city may satisfy the requirement of this
section by incorporating into its charter by reference, provisions
granting power to tax certain occupations and professions. General
Installation Company v. University City (Mo.), 379 S.W.2d 601.

(1974) Power of St. Louis board of police commissioners to charge fees
for private watchmen's licenses is not regulated by this section since
police board is a state agency. ABC Security Service Inc. v. Miller
(Mo.), 514 S.W.2d 521.



Notwithstanding any other provision of law to the contrary, after
March 31, 2004, no village with less than one thousand three hundred
inhabitants shall impose a license tax in excess of ten thousand dollars
per license. (L. 2003 S.B. 11)



1. Hereafter no person following for a livelihood the profession
or calling of minister of the gospel, duly accredited Christian Science
practitioner, teacher, professor in a college, priest, lawyer, certified
public accountant, dentist, chiropractor, optometrist, chiropodist,
physician or surgeon in this state shall be taxed or made liable to pay
any municipal or other corporation tax or license fee of any description
whatever for the privilege of following or carrying on such profession or
calling, and, after December 31, 2003, no investment funds service
corporation, as defined in section 143.451, RSMo, may be required to pay,
or shall be taxed or made liable to pay any municipal or other
corporation tax or license fee of any description whatever for the
privilege of following or carrying on its business or occupation, in
excess of or in an aggregate amount exceeding twenty-five thousand
dollars annually, any law, ordinance or charter to the contrary
notwithstanding.

2. No person following for a livelihood the profession of insurance agent
or broker, veterinarian, architect, professional engineer, land surveyor,
auctioneer, or real estate broker or salesman in this state shall be
taxed or made liable to pay any municipal or other corporation tax or
license fee for the privilege of following or carrying on his or her
profession by a municipality unless that person maintains a business
office within that municipality.

3. Notwithstanding any other provision of law to the contrary, after
September 1, 2004, no village with less than one thousand three hundred
inhabitants shall impose a business license tax in excess of fifteen
thousand dollars per license. (RSMo 1939 6220, A.L. 1963 p. 124, A.L.
1976 H.B. 1373, A.L. 1998 H.B. 1468, A.L. 2003 H.B. 289 merged with H.B.
600, A.L. 2004 S.B. 1155)

Prior revisions: 1929 6098; 1919 7618; 1909 8532



The timely payment of a license tax due to any municipal
corporation in this state, or any county pursuant to section 66.300,
RSMo, which is delivered by United States mail to the municipality or
county office designated by such municipality or county office to receive
such payments, shall be deemed paid as of the postmark date stamped on
the envelope or other cover in which such payment is mailed. In the event
any payment of tax due is sent by registered or certified mail, the date
of the registration or certification shall be deemed the postmark date.
No additional tax, penalty or interest shall be imposed by any
municipality or county on any taxpayer whose payment is delivered by
United States mail, if the postmark date stamped on the envelope or other
cover containing such payment falls within the prescribed period on or
before the prescribed date, including any extension granted, for making
the payment. When the last day for making any license tax payment,
including extensions, falls on a Saturday, a Sunday, or a legal holiday
in this state, the payment shall be considered timely if the payment is
made on the next succeeding day which is not a Saturday, Sunday or legal
holiday. (L. 1998 H.B. 1301)



No incorporated city, town or village in this state shall have
power to levy or collect any tax, license or fees from any farmer, or
producer or producers, for the sale of produce raised by him, her or
them, when sold from his, her or their wagon, cart or vehicle, or from
any person or persons in the employ of such farmer or producer in any
such city, town or village. (RSMo 1939 7330)

Prior revisions: 1929 7179; 1919 8628; 1909 9516



Any city not within a county, any city, village or town having a
population of less than twenty-five thousand and any city having a
population of more than thirty-five thousand located in any county of the
first class contiguous to a county of the first class having a charter
form of government and not containing any part of a city of over four
hundred thousand, howsoever organized, and irrespective of its form of
government, may, by one of the two methods authorized in section 71.650,
levy a tax for use in providing free band concerts, or equivalent musical
service by the band upon occasions of public importance.

(RSMo 1939 7431, A.L. 1979 H.B. 465, A.L. 2001 S.B. 430)

Prior revision: 1929 7278



1. The mayor and council, board of aldermen or board of trustees
may levy a tax of not more than one-half mill on each one dollar assessed
valuation on all property in such city, village or town, or, when
initiated by a petition signed by at least ten percent of the voters, the
question shall be submitted to the voters, and a majority of the voters
thereon shall be sufficient to carry the provisions of this law into
effect, and it shall become the duty of the mayor and council, board of
aldermen or board of trustees to levy each year on all the property in
such city, village or town, a tax of not to exceed two mills, or such
part thereof as shall be petitioned for, on each one dollar assessed
valuation.

2. The question shall be submitted in substantially the following form:

Shall ....... (name of city, town, or village) levy a tax of .......
mills on each one dollar assessed valuation for the creation of a band
fund?

3. The levy made under either of the options of sections 71.640 to 71.670
shall not increase the tax levy of any such political subdivision to
exceed the limitations fixed and prescribed by the constitution and laws
of this state. (RSMo 1939 7432, A.L. 1945 p. 1304, A.L. 1978 H.B. 971)

Prior revision: 1929 7279



A petition, signed by at least ten percent of the voters, may at
any time be presented asking that the following question be submitted:
Shall the tax for the creation of a "band fund" be discontinued? and if a
majority of the votes be cast in favor of said question, no further tax
shall be made. (RSMo 1939 7433, A.L. 1978 H.B. 971)

Prior revision: 1929 7280



All moneys received from such levy shall be paid into a special
fund to be known as the "band fund", and no moneys shall be appropriated
out of such fund until the mayor and council, board of aldermen or board
of trustees shall have first entered into a written contract with the
authorized officials of a band for its employment in the giving of free
band concerts, or equivalent musical service by the band upon such
occasions of public importance as shall be stipulated in said contract.
Any band entering into a contract under this law shall be known as the
municipal band, and shall administer its own financial and business
affairs. No voluntary contribution, donation, or diversion into another
fund shall be made from this fund in any manner whatsoever. (RSMo 1939
7434)

Prior revision: 1929 7281



1. Notwithstanding any other provision of law to the contrary, no
city or town shall bring any action in federal or state court in this
state as a representative member of a class to enforce or collect any
business license tax imposed on a telecommunications company. A city or
town may, individually or as a single plaintiff in a multiple-plaintiff
lawsuit, bring an action in federal or state court in this state to
enforce or collect any business license tax imposed on a
telecommunications company.

2. Nothing in this section shall be construed to preclude any taxpayer
from initiating an action in federal or state court as a representative
member of a class seeking injunctive relief against the Missouri
department of revenue to enforce the imposition, assessment, or
collection of the business license tax provided under sections 92.074 to
92.095, RSMo. (L. 2005 H.B. 209)



1. In addition to their other powers for the protection of the
public health, each city of the second, third, or fourth class of this
state, and each city having less than ten thousand inhabitants which has
a special charter, may provide for the gathering, handling and
disposition of garbage, trash, cinders, refuse matter and municipal waste
accumulating in such cities either by itself, or by contract with others,
and may pay for the same out of general revenues or by collection of
charges for such service, and may do such other and further acts as are
expedient for the protection and preservation of the public health, as
the public health may be affected by the accumulation of trash, cinders,
garbage, refuse matter and municipal waste. Such cities may acquire by
purchase, construction, lease, gift or otherwise, within or without the
corporate limits of such cities, incinerators for the destruction of
garbage, trash, cinders, refuse matter and municipal waste; acquire by
any of such means all equipment necessary or expedient for use in the
collection, handling and disposition of garbage, trash, cinders, refuse
matter and municipal waste; and acquire by any of such means purification
plants or sewage disposal plants for the purification of all sewage
accumulating in such cities.

2. Incinerators, equipment, purification plants or sewage disposal plants
may be acquired by such cities with funds derived from the issue and sale
of bonds in the manner provided by law for the issue and sale of bonds
for other public purposes; or may enter into contracts for the
construction or purchase of incinerators, equipment or purification
plants or sewage disposal plants to be paid for out of the general
revenues of such cities in annual installments; but the period of payment
for any incinerators, equipment, purification plants or sewage disposal
plants, or any contract for the construction, purchase or lease thereof
out of the general revenues of such cities shall not extend over a longer
period of time than ten years. (RSMo 1939 7429, A.L. 1955 p. 305)

Prior revision: 1929 7276

(1962) Injunction issued to prevent city of fourth class from
constructing and maintaining sewage treatment facilities outside city
limits in area designated by zoning ordinance of constitutional charter
county as residential. St. Louis County v. City of Manchester (Mo.), 360
S.W.2d 638.

(1967) Sections 71.680 and 79.380, RSMo, when considered in pari materia,
authorized condemnation by fourth class cities of easements and land for
sewer lines and lagoons within five miles of the city, and by necessary
implication, such cities have the authority to condemn an access easement
in order to construct and maintain sewer lines and lagoons. State v.
Riley (Mo.), 417 S.W.2d 1.

(1993) Where statute grants express power to condemn property outside of
city's boundaries for incinerators, purification plants and sewage
disposal plants, it does not include power to condemn property outside of
city's boundaries for landfill. State ex rel. County of St. Charles v.
Mehan, 854 S.W.2d 531 (Mo App. W.D.)



Such cities may pass all ordinances necessary for the carrying
into effect of the powers granted in section 71.680. (RSMo 1939 7430)

Prior revision: 1929 7277



All cities in this state have power and authority to regulate and
license and to levy and collect license tax on all springs, wells or
other sources of water supply from which water is sold to the public or
offered or shipped for sale, and to inspect the same and analyze such
waters. (RSMo 1939 7353)

Prior revisions: 1929 7202; 1919 8682; 1909 9559



Such cities shall have the power and authority by ordinance to
provide for the protection of all springs, wells or other sources of
water supply described in section 71.700 from contamination or danger of
contamination. (RSMo 1939 7354)

Prior revisions: 1929 7203; 1919 8683; 1909 9560



1. The governing body of any municipality which has provided
common sewers may by ordinance establish just and equitable charges or
rents for the use of the sewers to be paid by persons who discharge
sewage into the common sewers of the municipality. Any ordinance adopted
under this section shall become effective upon its approval by a majority
of the votes cast thereon.

2. Any municipality adopting an ordinance under this section may fix the
charges or rentals for sewerage services on the basis of the amount of
water used by each consumer within the municipality. If the municipality
provides water to residents within the municipality the amount of the
charges or rentals may be collected by adding the amount thereof to the
charges for water. If the water is not supplied by the municipality, the
municipality may

(1) Impose upon any person providing water within the municipality the
duty of collecting and remitting to the municipality the charges or
rentals for sewerage service and may prescribe penalties for the failure
to make the collections and remittances; provided, however, that in such
case the city shall reimburse the person for all expense (including, but
not limited to, overheads, use of equipment, personnel and office space)
incurred in collecting and remitting the charges of rentals. The
reimbursements shall be made every three months, or

(2) Collect its own charges or rentals on the basis of the amount of
water used by each consumer, in which case it is the duty of the person
providing water within the municipality to furnish the municipality such
information as is necessary for it to calculate its charges for sewerage
service.

3. All charges and rentals collected under any ordinance adopted under
this section shall be deposited by the municipality into a special fund
and shall be used only for the purpose of acquiring, constructing,
improving, extending and maintaining municipal sewers and sewerage
treatment plants with all appurtenances necessary, useful and convenient
for the collection, treatment, purification and disposal in a sanitary
manner of the liquid and solid waste, sewage and domestic and industrial
waste of the municipality. The rentals and charges in the special fund
may be permitted to accumulate until amounts necessary for any sewer or
sewerage treatment plant project planned by the municipality are
available. (L. 1961 p. 188 1, A.L. 1978 H.B. 971)



All cities and towns in the state shall have power, by ordinance,
to license and regulate milk dairies and the sale of milk, and provide
for the inspection thereof. (RSMo 1939 7355)

Prior revisions: 1929 7204; 1919 8646; 1909 9534



All cities in this state are hereby empowered to provide by
ordinance for the inspection, while living, of all animals intended as
human food, within such cities. (RSMo 1939 7356)

Prior revisions: 1929 7205; 1919 8689; 1909 9566



The legislative bodies of all incorporated cities, towns and
villages are hereby empowered to pass, alter, amend and repeal ordinances
to regulate the hours of closing of barber shops and beauty shops. (RSMo
1939 7411)



The emission or discharge into the open air of dense smoke within
the corporate limits of any city of this state is hereby declared to be a
public nuisance. The owners, lessees, occupants, managers or agents of
any building, establishment or premises from which dense smoke is so
emitted or discharged shall be deemed guilty of a misdemeanor, and upon
conviction thereof, in any court of competent jurisdiction, shall pay a
fine of not less than twenty-five dollars nor more than one hundred
dollars. And each and every day whereon such smoke shall be emitted or
discharged shall constitute a separate offense; provided, however, that
in any suit or proceeding under this section, it shall be a good defense
if the person charged with a violation thereof shall show to the
satisfaction of the jury or court trying the facts that there is no known
practicable device, appliance, means or method by application of which to
his building, establishment or premises the emission or discharge of the
dense smoke complained of in that proceeding could have been prevented.
(RSMo 1939 7575)

Prior revisions: 1929 7432; 1919 8840; 1909 9689



All cities to which the provisions of section 71.760 are
applicable are hereby empowered to enact all necessary or desirable
ordinances, not inconsistent with the provisions herein, nor the
constitution, nor any general law of this state, in order to carry out
the provisions of said section. (RSMo 1939 7576)

Prior revisions: 1929 7433; 1919 8841; 1909 9690



The legislative or governing bodies of cities organized under the
general statutes or special charters shall have, and they are hereby
granted, the power to suppress all nuisances which are, or may be,
injurious to the health and welfare of the inhabitants of said cities, or
prejudicial to the morals thereof, within the boundaries of said cities
and within one-half mile of the boundaries thereof. Such nuisances may be
suppressed by the ordinances of said cities, or by such act or order as
the charters of said cities authorize them to adopt. If the nuisance is
suppressed within the city limits, the expense for abating the same may
be assessed against the owner or occupant of the property, and against
the property on which said nuisance is committed, and a special tax bill
may be issued against said property for said expenses. (RSMo 1939 7358)

Prior revisions: 1929 7207; 1919 8694; 1909 9574

CROSS REFERENCES: Dogs, mayor may issue quarantine order, when, RSMo
322.040 Minors required by mayor's proclamation to stay indoors in case
of riot, penalty, RSMo 542.220, 542.230



The governing body of any city may establish special business
districts in the manner provided hereafter, and upon establishment each
such district shall be a body corporate and politic and a political
subdivision of the state. (L. 1972 H.B. 1156 1)

(1987) In a suit against a business district to enforce provisions of the
Hancock Amendment, it was held that the city in which the district was
formed, rather than the district itself, was liable for prevailing
plaintiff's attorneys' fees. Gilroy Sims & Assoc. v. Downtown St. Louis,
729 S.W.2d 504 (Mo.App. 1987).



A business district shall be formed by ordinance of the governing
body of the city which shall establish the business district and define
its limits. Prior to the establishment of a business district the
governing body of the city shall conduct a survey and investigation for
the purposes of determining the nature of and suitable location for
business district improvements, the approximate cost of acquiring and
improving the land therefor, the area to be included in the business
district or districts, the need for and cost of special services, and
cooperative promotion activities, and the percentage of the cost of
acquisition, special services, and improvements in the business district
which are to be assessed against the property within the business
district and that part of the cost, if any, to be paid by public funds.
The cost of the survey and investigation shall be included as a part of
the cost of establishing the business district. A written report of this
survey and investigation shall be filed in the office of the city clerk
in the city and shall be available for public inspection. (L. 1972 H.B.
1156 2)



A special business district may be established, enlarged or
decreased in area as provided herein in the following manner:

(1) Upon petition by one or more owners of real property on which is paid
the ad valorem real property taxes within the proposed district, the
governing body of the city may adopt a resolution of intention to
establish, enlarge or decrease in area a special business district. The
resolution shall contain the following information:

(a) Description of the boundaries of the proposed area;

(b) The time and place of a hearing to be held by the governing body
considering establishment of the district;

(c) The proposed uses to which the additional revenue shall be put and
the initial tax rate to be levied.

(2) Whenever a hearing is held as provided hereunder, the governing body
of the city shall publish notice of the hearing on two separate occasions
in at least one newspaper of general circulation not more than fifteen
days nor less than ten days before the hearing; and shall mail a notice
by United States mail of the hearing to all owners of record of real
property and licensed businesses located in the proposed district; and
shall hear all protests and receive evidence for or against the proposed
action; rule upon all protests which determination shall be final; and
continue the hearing from time to time.

(3) If the governing body decides to change the boundaries of the
proposed area, the hearing shall be continued to a time at least fifteen
days after the decision. Notice shall be given in at least one newspaper
of general circulation at least ten days prior to the time of said
hearing showing the boundary amendments.

(4) If the governing body following the hearing decides to establish the
proposed district, it shall adopt an ordinance to that effect. The
ordinance shall contain the following:

(a) The number, date and time of the resolution of intention pursuant to
which it was adopted;

(b) The time and place the hearing was held concerning the formation of
the area;

(c) The description of the boundaries of the district;

(d) A statement that the property in the area established by the
ordinance shall be subject to the provisions of additional tax as
provided herein;

(e) The initial rate of levy to be imposed upon the property lying within
the boundaries of the district;

(f) A statement that a special business district has been established;

(g) The uses to which the additional revenue shall be put;

(h) In any city with a population of less than three hundred fifty
thousand, the creation of an advisory board or commission and enumeration
of its duties and responsibilities;

(i) In any city with a population of three hundred fifty thousand or
more, provisions for a board of commissioners to administer the special
business district, which board shall consist of seven members who shall
be appointed by the mayor with the advice and consent of the governing
body of the city. Five members shall be owners of real property within
the district or their representatives and two members shall be renters of
real property within the district or their representatives. The terms of
the members shall be structured so that not more than two members' terms
shall expire in any one year. Subject to the foregoing, the governing
body of the city shall provide in such ordinance for the method of
appointment, the qualifications, and terms of the members. (L. 1972 H.B.
1156 3, A.L. 1975 S.B. 322, A.L. 1982 H.B. 1120, A.L. 2005 H.B. 58)



The governing body in establishing and maintaining a business
district shall have all the powers necessary to carry out any and all
improvements adopted in the ordinance establishing the district including:

(1) To close existing streets or alleys or to open new streets and alleys
or to widen or narrow existing streets and alleys in whole or in part;

(2) To construct or install pedestrian or shopping malls, plazas,
sidewalks or moving sidewalks, parks, meeting and display facilities,
convention centers, arenas, bus stop shelters, lighting, benches or other
seating furniture, sculptures, telephone booths, traffic signs, fire
hydrants, kiosks, trash receptacles, marquees, awnings, canopies, walls
and barriers, paintings, murals, alleys, shelters, display cases,
fountains, rest rooms, information booths, aquariums, aviaries, tunnels
and ramps, pedestrian and vehicular overpasses and underpasses, and each
and every other useful or necessary or desired improvement;

(3) To landscape and plant trees, bushes and shrubbery, flowers and each
and every and other kind of decorative planting;

(4) To install and operate, or to lease, public music and news facilities;

(5) To purchase and operate buses, minibuses, mobile benches, and other
modes of transportation;

(6) To construct and operate child-care facilities;

(7) To lease space within the district for sidewalk cafe tables and
chairs;

(8) To construct lakes, dams, and waterways of whatever size;

(9) To provide special police or cleaning facilities and personnel for
the protection and enjoyment of the property owners and the general
public using the facilities of such business district;

(10) To maintain, as hereinafter provided, all city owned streets,
alleys, malls, bridges, ramps, tunnels, lawns, trees and decorative
plantings of each and every nature, and every structure or object of any
nature whatsoever constructed or operated by the said municipality;

(11) To grant permits for newsstands, sidewalk cafes, and each and every
other useful or necessary or desired private usage of public or private
property;

(12) To prohibit or restrict vehicular traffic on such streets within the
business district as the governing body may deem necessary and to provide
the means for access by emergency vehicles to or in such areas;

(13) To lease, acquire, construct, reconstruct, extend, maintain, or
repair parking lots or parking garages, both above and below ground, or
other facilities for the parking of vehicles, including the power to
install such facilities in public areas, whether such areas are owned in
fee or by easement;

(14) To promote business activity in the district by, but not limited to,
advertising, decoration of any public place in the area, promotion of
public events which are to take place on or in public places, furnishing
of music in any public place, and the general promotion of trade
activities in the district. (L. 1972 H.B. 1156 4)



The governing body of the city creating the district shall have
sole discretion as to how the revenue derived from any tax to be imposed
herein shall be used within the scope of the above purposes. The
governing body of the city shall appoint an advisory board or commission
to make recommendations as to its use. The governing body of the city
creating the district shall not decrease the level of publicly funded
services in the district existing prior to creation of the district or
transfer the financial burden of providing the services to the district
unless the services at the same time are decreased throughout the city,
nor shall the governing body discriminate in the provision of the
publicly funded services between areas included in such a district and
areas not so included. (L. 1972 H.B. 1156 5, A.L. 1975 S.B. 322)



1. In any city with a population of three hundred fifty thousand
or more, a district shall have all the powers necessary or convenient to
carry out any and all improvements adopted in the ordinance establishing
the district and, in addition, may exercise the following powers:

(1) Cooperate with other public agencies and with any industry or
business located within the district in the implementation of any project
within the district;

(2) Enter into any agreement with any other public agency, any person,
firm, or corporation to effect any of the provisions contained in
sections 71.790 to 71.808;

(3) Contract and be contracted with, and to sue and be sued;

(4) Accept gifts, grants, loans, or contributions from the city in which
the district is located, the United States of America, the state of
Missouri, political subdivisions, foundations, other public or private
agencies, individuals, partnerships, or corporations;

(5) Employ such managerial, engineering, legal, technical, clerical,
accounting, and other assistance as it may deem advisable. The district
may also contract with independent contractors for any such assistance.

2. In any city with a population of three hundred fifty thousand or more,
the governing body of the city creating the district shall have final
discretion as to how the revenue derived from any tax to be imposed under
sections 71.790 to 71.808 shall be used within the scope of the above
purposes, and the governing body of the city shall give its advice and
consent to members of a board of commissioners appointed by the mayor of
the city to administer the district. The governing body of the city
creating the district shall not decrease the level of publicly funded
services in the district existing prior to creation of the district or
transfer the financial burden of providing the services to the district
unless the services at the same time are decreased throughout the city,
nor shall the governing body discriminate in the provision of the
publicly funded services between areas included in such a district and
areas not so included. (L. 1982 H.B. 1120 71.797, 71.799, A.L. 1983
H.B. 713 Revision)



1. For the purpose of paying for all costs and expenses incurred
in the operation of the district, the provision of services or
improvements authorized in section 71.796, and incidental to the leasing,
construction, acquisition, and maintenance of any improvements provided
for under sections 71.790 to 71.808 or for paying principal and interest
on notes or bonds authorized for the construction or acquisition of any
said improvement, the district may impose a tax upon the owners of real
property within the district which shall not exceed eighty-five cents on
the one-hundred-dollar assessed valuation. In any city other than a city
not within a county, real property subject to partial tax abatement under
either the provisions of the urban redevelopment corporations law of
Missouri or the provisions of sections 99.700 to 99.710, RSMo, shall for
the purpose of assessment and collection of ad valorem real estate taxes
levied under the provisions of this section be assessed and ad valorem
real estate taxes shall be collected as if the real estate were not
subject to the tax abatement. The collection of delinquent receipts of
said tax shall be in the same manner and form as that provided by law for
all ad valorem property taxes. Taxes levied and collected under sections
71.790 to 71.808 shall be uniform upon the same class of subjects within
the territorial limits of the authority levying the tax.

2. For the purpose of paying for all costs and expenses incurred in the
operation of the district and the provision of services or improvements
authorized in section 71.796, the district may impose additional tax on
businesses and individuals doing business within the district. If the
governing body imposes any business license taxes, such additional taxes
shall not exceed fifty percent of the business license taxes. Whenever a
hearing is held herein, the governing body shall hear all protests and
receive evidence for or against the proposed action; rule upon all
protests which determination shall be final; and may continue the hearing
from time to time. Proceedings shall terminate if protest is made by
businesses in the proposed area which pay a majority of the additional
taxes within the area. For purposes of the additional tax to be imposed
pursuant to this part, the governing body of the city may make a
reasonable classification of businesses, giving consideration to various
factors.

3. In addition to the taxes authorized by subsections 1 and 2 of this
section, any district within a city which has a population of three
hundred fifty thousand or more and is located within more than one county
upon authorization of a majority of the voters voting thereon may impose
one or more of the following special assessments on all real property
located within the district:

(1) Not more than five cents per square foot on each square foot of land;

(2) Not more than one-half of a cent per square foot on each square foot
of improvements on land; and

(3) Not more than twelve dollars per abutting foot of the lots, tracts
and parcels of land within the district abutting on public streets, roads
and highways.

4. For purposes of sections 10(c), 16, and 22 of article X of the
Constitution of Missouri, and of section 137.073, RSMo, the following
terms as applied to an election pursuant to this section mean:

(1) "Approval of the required majority" or "direct voter approval", a
simple majority;

(2) "Qualified voters", persons or other entities who have filed an
application pursuant to subsection 6 of this section.

5. The governing body of any city in which there is a special business
district may order an election on the approval of a new tax rate ceiling
or assessment limit for any tax imposed pursuant to subsections 1 to 3 of
this section. All costs of any such election shall be borne by the
district out of it existing levy. The order shall set forth the new tax
rate ceiling or assessment limit proposed. Any provision of law to the
contrary notwithstanding, the tax rate ceiling may be increased or
decreased, from any rate as revised under the provisions of section
137.073, RSMo, to any rate not in excess of eighty-five cents on the
one-hundred-dollar assessed valuation. Such order shall specify a date on
which ballots for the election shall be mailed. Such date shall be a
Tuesday, and shall be not earlier than the eighth Tuesday from the
issuance of the order, nor later than August fifteenth of the year the
order is issued and shall not be on the same day as an election conducted
under the provisions of chapter 115, RSMo.

6. Application for a ballot shall be conducted as provided in this
subsection:

(1) Persons entitled to apply for a ballot in an election to approve a
new tax rate ceiling for a tax imposed pursuant to subsection 1 or 3 of
this section shall be:

(a) A resident individual of the district; or

(b) A person, including an individual, partnership, limited partnership,
corporation, estate, or trust, which owns real property within the
special business district;

(2) A person entitled to apply for a ballot in an election to approve a
new tax rate ceiling for a tax imposed pursuant to subsection 2 of this
section shall be a person, including an individual, partnership, limited
partnership, corporation, estate, or trust, which possesses a license to
do business in the district;

(3) Only persons entitled to apply for a ballot in elections pursuant to
this section shall apply. Such persons shall apply with the clerk of the
city in which the special business district is organized. Each person
applying shall provide:

(a) Such person's name, address, mailing address, and phone number;

(b) An authorized signature; and

(c) Evidence that such person is entitled to vote. Such evidence shall be:

a. For resident individuals, proof of registration from the election
authority;

b. For owners of real property, a tax receipt or deed or other document
which evidences an equitable ownership, and identifies the real property
by location;

c. For holders of business licenses, a copy of such business license;

(4) No person shall apply later than the fourth Tuesday before the date
for mailing ballots specified in the governing body's order.

7. The clerk shall mail a ballot to each applicant of the district along
with a return addressed envelope directed to the city clerk's office with
a sworn affidavit on the reverse side of such envelope for the voter's
signature. Such affidavit shall be in the following form:

I hereby declare under penalties of perjury that I am

qualified to vote, or to affix my authorized signature

in the name of an entity which is entitled to vote, in

this election. ............................ Authorized Signature
Subscribed and sworn to

before me this ........ ............................ day of ..........,
20.. Printed Name of Voter ............................
....................... Address of Voter Signature of notary or

other officer authorized ............................ to administer oaths
Mailing Address of Voter

(if different)

8. The question shall be submitted in substantially the following forms:

(1) Shall the special business district of .................. be
authorized to impose a tax on owners of real property in a sum not to
exceed .......... cents on the one hundred dollar assessed valuation?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

(2) Shall the special business district of .................... be
authorized to impose its business license tax on businesses and
individuals doing business within the special business district in an
amount not to exceed ............ percent of the business license tax
imposed by ..............?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

(3) Shall the special business district of ................... be
authorized to impose a special assessment not to exceed ......... cents
per square foot on each square foot of land within the district?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

(4) Shall the special business district of ...................... be
authorized to impose a special assessment not to exceed ........ cents
per square foot on each square foot of improvements on land within the
district?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

(5) Shall the special business district of ................... be
authorized to impose a special assessment not to exceed ..........
dollars per abutting foot of the lots, tracts and parcels of land within
the district abutting on public streets, roads and highways?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO".

(6) Shall the special business district of ................. change its
tax on ............. to ...........?

[ ] YES [ ] NO

If you are in favor of the question, place an "X" in the box opposite
"YES". If you are opposed to the question, place an "X" in the box
opposite "NO". Each ballot shall be plain paper, through which printing
or writing cannot be read.

9. Each qualified voter shall have one vote. Each voter which is not an
individual shall determine how to cast its vote as provided for in its
articles of incorporation, articles of partnership, bylaws, or other
document which sets forth an appropriate mechanism for the determination
of the entity's vote. If a voter has no such mechanism, then its vote
shall be cast as determined by a majority of the persons who run the
day-to-day affairs of the voter. Each voted ballot shall be signed with
the authorized signature.

10. Voted ballots shall be returned to the city clerk's office by mail or
hand delivery no later than 5:00 p.m. on the sixth Tuesday after the date
for mailing the ballots as set forth in the governing body's order. The
city clerk shall transmit all voted ballots to a team of judges of not
less than four, with an equal number from each of the two major political
parties. The judges shall be selected by the city clerk from lists
compiled by the election authority. Upon receipt of the voted ballots the
judges shall verify the authenticity of the ballots, canvass the votes,
and certify the results. Certification by the election judges shall be
final and shall be immediately transmitted to the governing body. Any
voter who applied for such election may contest the result in the same
manner as provided in chapter 115, RSMo.

11. If approved, the new tax rate ceiling or assessment limit shall be
effective for the tax year in which the election is held, the provisions
of section 67.110, RSMo, to the contrary notwithstanding. (L. 1972 H.B.
1156 6, A.L. 1975 S.B. 322, A.L. 1977 H.B. 651, A.L. 1982 H.B. 1120,
A.L. 1985 H.B. 509, A.L. 1987 H.B. 909, A.L. 1988 H.B. 1729)



In any city not within a county, real property subject to partial
tax abatement under the provisions of chapter 353, RSMo, shall for the
purpose of assessment and collection of ad valorem real estate taxes
levied under the provisions of sections 71.790 to 71.808 be assessed and
ad valorem real estate taxes shall be collected as provided in the
ordinance adopted by the governing body of the city approving the
development plan of any such corporation and authorizing tax abatement.
(L. 1982 H.B. 1120, A.L. 1988 H.B. 1729)



1. Any district established under the provisions of sections
71.790 to 71.808 may, upon approval of the constitutionally required
percentage of the voters of the district voting thereon, incur
indebtedness and issue bonds or notes for the payment thereof. Notice of
the election, the amount and the purpose of the loan shall be given.

2. The question shall be submitted in substantially the following form:

Shall the special business district incur indebtedness for the purpose of
....... in the amount of .... dollars, evidenced by the issuance of bonds
or notes and levy a real estate tax to pay therefor?

3. If the constitutionally required percentage of the votes cast are for
the indebtedness, the district shall, subject to the restrictions of
section 71.796 and section 71.800, be vested with the power to incur
indebtedness in the name of the district, to the amount and for the
purposes specified on the ballot, and issue the bonds of the district for
the payment thereof.

4. The indebtedness authorized by this section shall not be contracted
for a period longer than twenty years, and the entire amount of the
indebtedness shall at no time exceed, including the existing indebtedness
of the district, in the aggregate ten percent of the value of taxable
tangible property therein, as shown by the last completed assessment for
state and county purposes.

5. It shall be the duty of the district to provide for the collection of
an annual tax sufficient to pay the interest on the indebtedness as it
falls due, and also to constitute a sinking fund for the payment of the
principal thereof within the time the principal becomes due. (L. 1972
H.B. 1156 7, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)



1. In addition to the bonds specified in section 71.802 the cost
of any district of acquiring, constructing, improving, or extending any
revenue producing facilities may be met from the proceeds of revenue
bonds of the district, payable solely from the operation of such revenue
producing facility.

2. Revenue bonds issued under authority of this section shall be payable
solely from the revenues derived from the operation of the revenue
producing facility acquired, constructed, improved or extended in whole
or in part from the proceeds of the bonds. No revenue bond issued
pursuant to this section shall constitute an indebtedness of the district
within the meaning of any constitutional or statutory restriction,
limitation or provision.

3. For the purpose of refunding, extending and unifying the whole or any
part of any valid outstanding bonded indebtedness payable from the
revenues of a revenue producing facility, the district may issue
refunding bonds not exceeding in amount the principal of the outstanding
indebtedness to be refunded and the accrued interest to the date of the
refunding bonds. The district shall provide for the payment of interest
not to exceed the same rate and the principal of the refunding bonds in
the same manner and from the same source as was provided for the payment
of interest on and principal of the bonds to be refunded. (L. 1972 H.B.
1156 8)



The notes and bonds issued hereunder shall bear such date or
dates, and shall mature at such time or times, in the case of any general
obligation bond or note not exceeding twenty years, from the date of
issue of such original bond or note, and in the case of any revenue bond
not exceeding fifty years from the date of issue, as may be provided by
the governing body of such city. The notes and bonds shall bear interest
at such rate, be in such denominations, be in such form, either coupon or
registered, carry such registration privileges, be executed in such
manner, be payable in such medium of* payment, at such place or places
and be subject to such terms of redemption as provided. The notes and
bonds shall be sold at public or private sale, at such price or prices as
shall be determined. (L. 1972 H.B. 1156 9)

*Word "or" appears in original rolls.



The findings of the legislative body of the city of the benefits
to be derived by said district as set out in the ordinance as required
above shall be conclusive. (L. 1972 H.B. 1156 10)



The provisions of section 71.015 shall apply as well to all
cities, towns, villages and municipalities of whatsoever kind, located in
any county with a charter form of government where fifty or more cities,
towns and villages have been incorporated, except as provided in section
71.920 and sections 72.400 to 72.420, RSMo. (L. 1963 p. 126 1, A.L.
1989 H.B. 487, A.L. 1995 H.B. 446)

(1966) Held that Sawyers Act did not apply to 1960 annexation by
constitutional charter city as 1963 amendment specifically providing for
application to constitutional charter cities located in St. Louis County
( 71.860, RSMo) does not apply retroactively. Witt v. City of Webster
Groves (A.), 398 S.W.2d 16.

(1966) Legislature in enacting statutes specifically relating to
annexation in first class charter county intended that compliance
therewith should precede compliance with general annexation statutes so
that election provided for in special provision must precede obtaining a
declaratory judgment as to reasonableness of proposed annexation. City of
Kirkwood v. Allen (Mo.), 399 S.W.2d 30.

(1966) The unconstitutionality of Section 71.015 applying Sawyers Act to
constitutional charter cities as mandatory procedure does not render
invalid other section of Sawyers Act relating to annexation as applied to
such cities. St. Louis County v. City of Florissant (Mo.), 406 S.W.2d 281.



The legislative body of any city, town, or village located within
the boundaries of a first class chartered county which has a population
of at least five hundred thousand shall not have the power to extend the
limits of such city, town, or village by annexation of unincorporated
territory adjacent to the city, town, or village in accordance with the
provisions of law relating to annexation by such municipalities until the
question of annexation is submitted and is carried by a majority of the
total votes cast in the city, town, or village and by a separate majority
of the total votes cast in the unincorporated territory sought to be
annexed. There shall be separate submissions of the question of
annexation to the two groups of voters, the same to be held
simultaneously. However, no annexation in a first class charter county
which has a population of at least nine hundred thousand shall become
effective sooner than one year after the vote for annexation if the
question of annexation is carried by a majority of the votes cast by the
two groups of voters. (L. 1963 p. 126 2, A.L. 1978 H.B. 971, A.L. 1980
H.B. 1110, A.L. 1984 H.B. 1214 & 1319)

Effective 3-19-84



Whenever any city, town, or village located in a first class
chartered county which has a population of at least five hundred thousand
desires to annex any unincorporated land of the county, the governing
body of the city, town, or village shall, before proceeding as otherwise
provided by law, certify a notice of such fact to the election authority
and to the governing body of the first class charter county, which notice
shall include:

(1) The description by metes and bounds of the unincorporated territory
sought to be annexed and a map of the area to be annexed and of the
incorporated area, such map to be a size large enough to accurately and
adequately denote the boundaries of the area to be annexed and the
incorporated area, but not less than eight inches by ten inches in size,
and to be clearly displayed to voters in each polling place where the
annexation question is on the ballot; and

(2) A copy of the order, resolution or ordinance which contains the
legislative act of the municipality ordering the submission of the
question. (L. 1963 p. 126 3, A.L. 1978 H.B. 971, A.L. 1980 H.B. 1110,
A.L. 1989 H.B. 487)

Effective 7-14-89



The question shall be submitted in substantially the following
form:

Shall ....... (name of city, town, or village) annex unincorporated
territory adjacent to it? (L. 1963 p. 126 5, A.L. 1978 H.B. 971)



In the event that the question of annexing such territory fails
to receive the necessary majorities, the question shall not be
resubmitted to the voters for a period of at least two years. (L. 1963 p.
126 6, A.L. 1978 H.B. 971)



In the event that the question of annexing such territory is
approved by a unanimous affirmative vote in both the annexing
municipality and the territory sought to be annexed, the annexing
municipality, other provisions of this chapter notwithstanding, shall
extend its limits by ordinance to include such territory, specifying with
accuracy the new boundary lines to which the city, town, or village
limits are extended, except that, no such ordinance by any municipality
in a first class charter county which has a population of at least nine
hundred thousand shall become effective sooner than one year after the
date of the election approving the annexation. Upon duly enacting such
annexation ordinance, the municipality shall cause three certified copies
of the same to be filed with the clerk of the county wherein the
municipality is located, whereupon the annexation shall be complete and
final and thereafter all courts of this state shall take judicial notice
of the limits of that municipality as so extended. (L. 1963 p. 126 7,
A.L. 1978 H.B. 971, A.L. 1984 H.B. 1214 & 1319)

Effective 3-19-84

(1965) Sawyers Act, 71.015, does not apply to cities to which it is
made inapplicable by subsequent legislation. Julian v. Mayor, Councilmen
and Citizens of the City of Liberty (Mo.), 391 S.W.2d 864.

(1969) Annexation was unreasonable where there was no showing that the
annexations are necessary or convenient to the proper exercise of the
municipal government of the municipality seeking annexation, but was
solely for the purpose of industrial development through a revenue bond
financing plan. St. Louis County v. Village of Champ (Mo.), 438 S.W.2d
205.



Any annexation initiated by a municipality through first reading
of an ordinance and by the holding of a public hearing on or before June
12, 1995, in any county with a charter form of government where fifty or
more cities, towns and villages have been incorporated shall become
effective on the date determined by the jurisdictions involved in such
annexation. (L. 1995 H.B. 446 1)

Effective 6-2-95



For the purposes of sections 71.940 to 71.948, the following
terms mean:

(1) "Codification" includes:

(a) The compilation and revision of the general ordinances of the
municipality;

(b) The changing of sections deemed advisable;

(c) The omission of sections deemed unnecessary;

(d) The addition of new provisions; and

(e) The adoption of the whole by an adopting ordinance and publication in
permanently bound or loose-leaf book form;

(2) "Compilation" includes the collecting, assembling and organizing of
existing ordinances of the municipality and publication thereof in
permanently bound or loose-leaf book form. (L. 1997 H.B. 749 1)



The governing body of any municipality may from time to time
provide for the compilation or revision and codification of the general
ordinances of the municipality and the publication in book form of such
compilation or codification, and may provide for keeping such compilation
and codification up to date by supplements to permanently bound books or
by insertions of amending or new ordinances in loose-leaf binders, and
may provide for annual or occasional recodification of codifications
housed in loose-leaf binders. The codification may contain citations to
sections or previous ordinances retained or modified. All titles,
effective date sections and signatures of ordinances may be omitted. The
codification may contain annotations to statutes, cross references and
other matter that may make the code more useful. The codification may
incorporate by reference standard or model codes or ordinances, state
regulations and statutes as authorized by section 67.280, RSMo, sections
67.400 to 67.450, RSMo, and section 300.600, RSMo, and amendments to such
statutes. The codification may incorporate by reference state statutes
relating to vehicle equipment regulations contained in chapter 307, RSMo,
and amendments to such statutes. The ordinance adopting the codification
shall recite that the codification was authorized by ordinance, and that
it was made in conformity with this section and amendments to this
section. When the ordinance and the codification, along with a
certificate of the municipal clerk that the same are true and correct
copies, are published in book form, the codification shall take effect
and shall import absolute verity and be received in evidence in all
courts and places without further proof. (L. 1997 H.B. 749 2 subsec. 1,
A.L. 2005 H.B. 445)



One copy of the published book may be kept on file with the
ordinance books and constitute an ordinance book. A loose-leaf code or
compilation of ordinances published pursuant to this section may be kept
current by the periodic preparation of loose-leaf supplements. Whenever
any ordinance expresses the intent of the governing body that it may be
made a part of such loose-leaf code and the ordinance is thereafter
included in a supplement to such code, such inclusion shall have the same
force and effect as if the ordinance had been included in the original
code at the time of its adoption by the governing body. The governing
body shall make provision for furnishing insertions in loose-leaf
compilations or codes to municipal personnel, purchasers and others
having copies of the compilation or code. (L. 1997 H.B. 749 2, subsec.
2)



At least three copies of the published book shall be kept on file
in the office of the municipal clerk and kept available for inspection by
the public at all reasonable business hours. (L. 1997 H.B. 749 2,
subsec. 2, last sentence)



1. Municipalities may own and operate cable television facilities
on a nondiscriminatory, competitively neutral basis, and at a price which
covers costs, including imputed costs that the political subdivision
would incur if it were a for-profit business. No municipality may own or
operate cable television facilities and services unless approved by a
vote of the people. This section shall apply only to municipalities that
acquire or construct cable television facilities and services after
August 28, 2002.

2. The public service commission shall annually study the economic impact
of the provisions of this section and prepare and submit a report to the
general assembly by December thirty-first of each year.

3. The provisions of this section shall terminate on August 28, 2007. (L.
2002 H.B. 1402)

Expires 8-28-07



 
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