Missouri Statute | Act | Code |Cities, Towns And Villages| US Code - US Statute | Chapter 72 Classification And Consolidation Of Cities, Towns And Villages

All cities and towns in this state containing three thousand or
more inhabitants, which shall elect to be a city of the third class,
shall be cities of the third class. (RSMo 1939 § 6214, A.L. 1975 H.B. 398)

1. All cities and towns in this state containing five hundred and
less than three thousand inhabitants, and all towns existing under any
special law, and having less than five hundred inhabitants which shall
elect to be cities of the fourth class, shall be cities of the fourth
class.

2. Notwithstanding the population requirements of subsection 1 of this
section, all incorporated villages as of August 13, 1982, may elect by
majority vote of the voters therein to be a city of the fourth class and
shall retain such classification at its option. (RSMo 1939 § 6215, A.L.
1982 H.B. 1120)

Prior revisions: 1929 § 6093; 1919 § 7613; 1909 § 8527

1. All towns not now incorporated in this state containing less
than five hundred inhabitants are hereby declared to be villages.

2. Any village in this state now or hereafter having more than two
hundred inhabitants may by majority vote of the voters therein elect to
become a city of the fourth class and shall retain such classification at
its option. (RSMo 1939 § 6216, A.L. 1978 H.B. 971, A.L. 1982 H.B. 1120 §§
72.050, 1)

Prior revisions: 1929 § 6094; 1919 § 7614; 1909 § 8528

Any city, town or village within this state, now incorporated
under the provisions of this chapter, or under any special or local law,
as a village, town or city, either of the second, third or fourth
classes, as classified in said chapter, and in which the citizens thereof
desire incorporation as a village, town or city of a higher class, and
believe that since the taking of the last census, state or national,
there has been sufficient increase in population to entitle it to such
desired incorporation, may, by authority of an ordinance, and at the
expense of such village, town or city, cause to be taken a census of its
population, and should such census, when so taken, show that the village,
town or city taking the same, has the requisite population to entitle it
to the right to become incorporated as a village, town or city of the
higher class, then such village, town or city may proceed to secure such
incorporation as its population may then entitle it to, under and by
authority of the provisions of this chapter; provided, that cities or
towns that have permitted their organization to become dormant or
ineffective, through a failure to elect corporate officers or levy a
corporate tax for the two years immediately preceding, may, by a petition
of the majority of the taxpayers of such city or town to the county
commission, have an enumeration taken and be assigned to its proper
class; and thereupon the county commission shall appoint the proper
officers for such city or town, who shall hold their office until the
next municipal election thereafter and until their successors are elected
and qualified. (RSMo 1939 § 6222, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 6100; 1919 § 7620; 1909 § 8534

Any city, town or village in this state, existing by virtue of
the present general law, or by any local or special law, may elect to
become a city of the class to which its population would entitle it under
the provisions of sections 72.030 to 72.140, or who may elect to become a
city of a class to which it may be eligible as otherwise provided by
section 72.040 or section 72.050 shall proceed by passing an ordinance or
proposition, and submitting the same to the legal voters of such city,
town or village, at an election to be held for that purpose, not less
than twenty days nor more than thirty days after the passage of such
ordinance or proposition; and if a majority of such voters voting at such
election shall ratify such ordinance or proposition, the mayor or chief
officer of such city, town, or village shall issue his proclamation,
declaring the result of such election, and thereafter such city, town, or
village shall, by virtue of such vote, be incorporated under the
provisions of the general law providing for the government of the class
to which such city belongs. Whenever any village shall elect to become a
city of the class to which it is entitled, the officers of such village,
until new officers shall be elected and qualified, shall be the officers
of such city, with the powers and functions corresponding to the powers
and functions of the officers of the former village, the chairman of the
board of trustees to act as mayor and the remaining trustees to act as
aldermen, with the power to divide the city into wards and to call an
election of officers of such city and to submit to the voters of such
city in the manner provided by law such other matters or propositions as
they may deem proper and as may be authorized by law. Any city eligible
for more than one classification shall alter that classification pursuant
to the procedure contained in this section. (RSMo 1939 § 6217, A.L. 1957
p. 249, A.L. 1982 H.B. 1120)

Prior revisions: 1929 § 6095; 1919 § 7615; 1909 § 8529

1. Any unincorporated city, town or other area of the state may,
except as otherwise provided in sections 72.400 to 72.420, become a city
of the class to which its population would entitle it pursuant to this
chapter, and be incorporated pursuant to the law for the government of
cities of that class, in the following manner: whenever a number of
voters equal to fifteen percent of the votes cast in the last
gubernatorial election in the area proposed to be incorporated shall
present a petition to the governing body of the county in which such city
or town or area is situated, such petition shall describe, by metes and
bounds, the area to be incorporated and be accompanied by a plat thereof,
shall state the approximate population and the assessed valuation of all
real and personal property in the area and shall state facts showing that
the proposed city shall have the ability to furnish normal municipal
services within a reasonable time after its incorporation is to become
effective and praying that the question be submitted to determine if it
may be incorporated. If the governing body shall be satisfied that a
number of voters equal to fifteen percent of the votes cast in the last
gubernatorial election in the area proposed to be incorporated have
signed such petition, the governing body shall submit the question to the
voters.

2. The county may make changes in the petition to correct technical
errors or to redefine the metes and bounds of the area to be incorporated
to reflect other boundary changes occurring within six months prior to
the time of filing the petition. Petitions submitted by proposing agents
may be submitted with exclusions for the signatures collected in areas
originally included in the proposal but subsequently annexed or
incorporated separately as a city, town or village, although the
governing body shall be satisfied as to the sufficiency of the signatures
for the final proposed area. If a majority of the voters voting on the
question vote for incorporation, the governing body shall declare such
city, town or other area incorporated, designating in such order the
metes and bounds thereof, and thenceforth the inhabitants within such
bounds shall be a body politic and incorporate, by the name and style of
"the city of ..........", or "the town of ..........", and the first
officers of such city or town shall be designated by the order of the
governing body, who shall hold their offices until the next municipal
election and until their successors shall be duly elected and qualified.
The county shall pay the costs of the election.

3. In any county with a charter form of government where fifty or more
cities, towns and villages have been incorporated, an unincorporated
city, town or other area of the state shall not be incorporated except as
provided in sections 72.400 to 72.420.

4. Any unincorporated area with a private eighteen hole golf course
community and with at least a one hundred acre lake located within any
county of the first classification with more than eighty-two thousand but
less than eighty-two thousand one hundred inhabitants may incorporate as
a city of the class to which its population would entitle it pursuant to
this chapter notwithstanding any proposed annexation of the
unincorporated area by any city of the third or fourth classification or
any home rule city with more than four hundred thousand inhabitants and
located in more than one county. If any city of the third or fourth
classification or any home rule city with more than four hundred thousand
inhabitants and located in more than one county proposes annexation by
ordinance or resolution of any unincorporated area as defined in this
subsection, no such annexation shall become effective until and only
after a majority of the qualified voters in the unincorporated area
proposed to be incorporated fail to approve or oppose the proposed
incorporation by a majority vote in the election described in subsection
2 of this section.

5. Prior to the election described in subsection 2 of this section, if
the owner or owners of either the majority of the commercial or the
majority of the agricultural classification of real property in the
proposed area to be incorporated object to such incorporation, such owner
or owners may file an action in the circuit court of the county in which
such unincorporated area is situated, pursuant to chapter 527, RSMo,
praying for a declaratory judgment requesting that such incorporation be
declared unreasonable by the court. As used in this subsection, a
"majority of the commercial or agricultural classification" means a
majority as determined by the assessed valuation of the tracts of real
property in either classification to be determined by the assessments
made according to chapter 137, RSMo. The petition in such action shall
state facts showing that such incorporation including the real property
owned by the petitioners is not reasonable based on the same criteria as
specified in subsection 3 of section 72.403 and is not necessary to the
proper development of the city or town. If the circuit court finds that
such inclusion is not reasonable and necessary, it may enjoin the
incorporation or require the petition requesting the incorporation to be
resubmitted excluding all or part of the property of the petitioners from
the proposed incorporation. (RSMo 1939 § 6217, A.L. 1971 H.B. 28, A.L.
1978 H.B. 971, A.L. 1989 H.B. 487, A.L. 1993 S.B. 219, A.L. 1995 H.B.
446, A.L. 1998 S.B. 809, A.L. 2003 H.B. 166 merged with S.B. 238)

Prior revisions: 1929 § 6095; 1919 § 7615; 1909 § 8529

Effective 5-15-03 (S.B. 238)

8-28-03 (H.B. 166)

(1976) Held that an appeal from an order of a county court or county
council's order relative to an incorporation action under § 72.080 must
be appealed under § 49.230 and administrative review under ch. 536 is not
available. In re Incorporation of City of River Bend (A.), 530 S.W.2d 704.

(1985) A proposed city does not have to have tax money in place in order
for an incorporation to be proper. Incorporation of Maryland Heights v.
Von Romer (Mo. App.), 687 S.W.2d 600.

Provided, that any city or town of the state of Missouri, not
incorporated, having sufficient population to entitle it to become a city
of the third class, in making application for incorporation as a city of
the third class, may include in its petition for such incorporation a
request that it be authorized to avail itself of the provisions of
sections 78.010 to 78.420, RSMo, and the county commission, in passing
upon such application, shall have power in its order of incorporation to
authorize said city to be governed by the provisions of sections 78.010
to 78.420, RSMo, as fully as if the provisions of sections 78.010 to
78.420, RSMo, had been adopted by a formal election of the inhabitants of
the territory comprised therein; and thereupon such county commission
shall appoint the officers of such city provided by sections 78.010 to
78.420, RSMo. (RSMo 1939 § 6217)

Prior revisions: 1929 § 6095; 1919 § 7615; 1909 § 8529

Provided, that when any city, town or other area is or may be
situated on the county line, and in two counties, the petition shall be
signed by a number of voters equal to fifteen percent of the votes cast
in the last gubernatorial election in the area proposed in each county to
be incorporated of such city, town or other area in each county, and
presented to the governing body of each county, and designating that each
of the two governing bodies equally shall designate the officers
therefor. If the governing body of each county shall be satisfied that a
number of voters equal to fifteen percent of the votes cast in the last
gubernatorial election in the area proposed in each county to be
incorporated have signed such petition, the governing bodies of each
county shall submit the question to the voters. If a majority of the
voters voting on the question, of each of the counties in such city or
town, vote for incorporation, the governing bodies of each county shall
declare such city or town incorporated and the inhabitants thereof shall
thenceforth be a body politic and incorporate, by the name and style of
"the city of ..............", or "the town of .............", and
provided further, that appeals taken from the decision of the mayor,
judge or other officer before whom any cause is tried, acting for said
city, town or other area may be sent to the circuit court of either
county wherein such city or town is situated, as may be specified in the
order granting such appeal. (RSMo 1939 § 6217, A.L. 1971 H.B. 28, A.L.
1978 H.B. 971)

Prior revisions: 1929 § 6095; 1919 § 7615; 1909 § 8529

The jurisdiction of any city which shall be reorganized under
this chapter shall not in any wise be affected or changed in consequence
of such reorganization, but such limits, wards and boundaries shall
remain after such reorganization the same as before such reorganization;
and all laws or parts of laws or ordinances, not inconsistent with the
provisions of the chapter dealing with the class into which such city is
reorganized, which were operative in such city prior to its
reorganization, shall continue to be in force until repealed or otherwise
changed by ordinance. (RSMo 1939 §§ 6229, 6606, 6866, 7097, A. 1949 H.B.
2024 § 77.11)

Prior revisions: 1929 §§ 6107, 6483, 6720, 6947; 1919 §§ 7627, 7973,
8207, 8398; 1909 §§ 8541, 9144, 9300

All rights and property of every kind and description, which were
vested in any city under its former organization, shall be deemed and
held to be vested in such city upon its becoming reorganized as provided
in sections 72.090 to 72.110, but no rights or liabilities, either in
favor of or against such city, existing at the time of so becoming
reorganized, and no suit or prosecution of any kind shall be affected by
such change, but the same shall stand and progress as if no change had
been made. (RSMo 1939 § 6218)

Prior revisions: 1929 § 6096; 1919 § 7616; 1909 § 8530

Except as provided in sections 72.400 to 72.420, no city, town,
village or other area shall be organized within this state under and by
virtue of any law thereof, adjacent to or within two miles of the limits
of any city of the first, second, third or fourth classification or any
constitutional charter city, unless the city, town, village or other area
be in a different county from the city or unless the city, town, or
village is located within any county of the first classification with
more than eighty-two thousand but less than eighty-two thousand one
hundred inhabitants, except that a city, town, village or other area may
be incorporated within the two-mile area if a petition signed by a number
of voters equal to fifteen percent of the votes cast in the last
gubernatorial election in the area proposed to be incorporated is
presented to the existing city requesting that the boundaries of the
existing city be extended to include the area proposed to be incorporated
and if action taken thereon by the existing city is unfavorable to the
petition, or if no action is taken by the existing city on the petition,
then the city, town, village or other area may be incorporated after the
expiration of one year from the date of the petition and upon a favorable
majority vote on the question. (RSMo 1939 § 6221, A.L. 1959 H.B. 207,
A.L. 1965 p. 192, A.L. 1971 H.B. 28, A.L. 1973 H.B. 640, A.L. 1978 H.B.
971, A.L. 1995 H.B. 446, A.L. 2003 H.B. 166 merged with S.B. 238)

Effective 5-15-03 (S.B. 238)

8-28-03 (H.B. 166)

1. Every inhabitant signing such petition shall state his street
address or rural post-office box number and route together with the
month, day and year on which he affixed his signature thereto.

2. Every such petition shall be presented to the appropriate county
commission or county council within two hundred eighty days following the
date on which the first signature was affixed to such petition, or any
part thereof. Failure to so present such petition within the foregoing
time period shall render such petition absolutely void. (L. 1971 H.B. 28
§ 72.136)

(1978) Held incorporation petitions containing signatures without giving
the date of each signature are not void. Cherry v. City of Hayti Heights
(Mo.), 563 S.W.2d 72.

No such question shall be resubmitted for substantially the same
area within one year after defeat of the question. (L. 1971 H.B. 28, A.L.
1978 H.B. 971)

Any city which may organize under this chapter shall continue as
before in every respect with all former rights and obligations until the
time fixed for such reorganization to take effect; and all its officers
and employees shall continue to discharge the duties of their respective
offices and shall hold their offices until their successors are elected
or appointed and qualified, except as herein otherwise provided. (RSMo
1939 § 6227)

Prior revisions: 1929 § 6105; 1919 § 7625; 1909 § 8539

When two or more cities, towns or villages in this state
adjoining and contiguous to each other in the same or adjoining county or
two or more cities, towns or villages located in a county of the second
classification having a population of at least forty-seven thousand but
not more than forty-nine thousand which are not adjoining and contiguous
to each other but whose combined territory when combined will be
contiguous shall be desirous of being consolidated, it shall be lawful
for them to consolidate under one government of the classification under
which any of them was organized or the classification provided for the
consolidated population, in the manner and subject to the provisions
prescribed in sections 72.150 to 72.220. Any cities, towns or villages
within any county with a charter form of government where fifty or more
cities, towns and villages have been incorporated shall consolidate
pursuant to the provisions of section 72.420. (RSMo 1939 § 7829, A.L.
1961 p. 193, A.L. 1963 p. 128, A.L. 1976 H.B. 1295, A.L. 1989 H.B. 487,
A.L. 1992 S.B. 571, A.L. 1995 H.B. 446)

Prior revisions: 1929 § 7684; 1919 § 9123; 1909 § 9948

If the cities, towns or villages proposing to consolidate are
separated only by a street, road or other public way, or a stream, or
vacant land, they may consolidate as though they were adjoining and
contiguous by taking in the street, road or other public way, or stream
or vacant land as part of the consolidated municipality. The question
submitted to the voters of each city, town or village shall include a
provision that the street, road or other public way, or stream or vacant
land to the extent set out by appropriate description in the proposition
shall become a part of the consolidated municipality upon approval of the
voters voting on the question. (L. 1965 p. 192, A.L. 1978 H.B. 971)

1. Consolidation of municipalities may be instituted by the
governing bodies of any cities, towns or villages, or any combination
thereof, by ordinance, adopted by the governing bodies of the respective
municipalities. The ordinance shall contain the following:

(1) The names of the municipalities to be consolidated;

(2) The proposed effective date of consolidation;

(3) The number of votes cast in the last municipal election.

2. The ordinance may contain the name of the municipality as
consolidated, the form of government to be adopted and the details of
transition, such as which officers will serve, which employees shall be
retained, what taxes will be collected, what ordinances will be in effect
and similar matters for the operation of the consolidated municipality
until the new governing body provides otherwise.

3. The adopted ordinance shall then be filed with the county commission
in the same manner as provided for initiative petitions in section
72.167. (L. 1961 p. 193 § 72.157, A.L. 1963 p. 128)

Whenever a petition containing the signatures of one hundred
voters, or fifteen percent of the total number of votes cast in the last
preceding election, whichever is greater, in each of the affected
municipalities (provided, however, that in the event any affected
municipality has a population of less than one thousand the one hundred
or more minimum signature requirement shall not apply, and only the
fifteen percent requirement shall apply as to such municipality) shall
petition the county commission to order the question of consolidation of
such cities, towns or villages into one city, town or village, the county
commission at the next regular or special term of said commission shall
submit the question to the voters. (RSMo 1939 § 7830, A.L. 1961 p. 193,
A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7685; 1919 § 9124; 1909 § 9949

1. A petition for consolidation shall contain the following:

(1) The names of the municipalities to be consolidated;

(2) The proposed effective date of consolidation;

(3) The number of votes cast in the last municipal election;

(4) A statement that all signers are registered voters in the affected
municipality;

(5) The form of government, the name of the municipality as consolidated
and the details of transition, such as which officers will serve, which
employees shall be retained, what taxes will be collected, what
ordinances will be in effect and similar matters for the operation of the
consolidated municipality until the new governing body provides
otherwise, may be included, but are not required.

2. All persons signing the petition for consolidation shall designate
their address opposite their signatures, and said signatures shall be
affixed before a person who shall certify, by affidavit acknowledged
before a notary public, that said signatures were affixed in his or her
presence. (L. 1961 p. 193 § 72.151, A.L. 1963 p. 128, A.L. 1975 H.B. 641)

The county commission may submit the question of consolidation
when it receives ordinances from one or more municipalities and petitions
from residents of one or more other municipalities requesting the
submission of the question, if the ordinances and petitions propose the
same terms and conditions for consolidation and fulfill the requirements
of sections 72.150 to 72.205. (L. 1963 p. 128 § 72.167, A.L. 1978 H.B.
971)

1. When the petition for a proposed consolidation of
municipalities originates from a group of citizens within a municipality
to be included in the proposal, the petition shall be filed with the
governing body of the municipality affected. The governing body of the
municipality shall then have ninety days, from the filing of the
petition, to study and investigate the proposal and endorse thereon their
approval or disapproval. In either alternative, the governing body shall
forward the petition with a certification of the municipality's clerk,
stating the action taken by the governing body, to the county commission.
The certification may, but shall not be required to, contain reasons for
approval or disapproval of the petition, but whether approved or
disapproved, the certification shall also contain the following
information:

(1) A statement that the names of signers fulfill statutory requirements
as to number, residence and qualification to vote;

(2) A statement as to the number and amounts of all bond issues in the
municipality, and the amount owing upon each;

(3) A copy of the last annual financial report required by statute to be
published by the municipality;

(4) A statement as to the current tax rate of the municipality;

(5) A statement listing the locations of municipally owned real estate,
indicating whether improved or unimproved.

2. In the event that the governing body of the municipality shall not
take action approving or disapproving the petition for consolidation
within ninety days from receipt thereof, it shall be deemed rejected and
the municipality's clerk shall within five days forward the petition to
the county commission noting the fact in the certification. (L. 1961 p.
193 § 72.158)

The question shall be submitted in substantially the following
form:

Shall ....... and ....... consolidate? (RSMo 1939 § 7831, A.L. 1961 p.
193, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7686; 1919 § 9125; 1909 § 9950

If it shall appear that a majority of the votes cast in each one
of said municipalities on the question shall be in favor of
consolidation, the certificate of the clerk shall be recorded in the
journal of the council, board of trustees or board of aldermen of each of
said cities, towns or villages, and consolidation of such cities, towns
or villages thereafter be consummated. Where more than two cities, towns
or villages as provided in section 72.150, seek consolidation, a majority
of the votes cast in any one city, town or village against the
consolidation shall not prevent the consolidation of the remaining
cities, towns or villages if a majority of the votes cast in such
remaining cities, towns or villages are in favor of consolidation unless
a majority of the votes in the largest of the cities, towns or villages
seeking consolidation is against consolidation, in which case the
consolidation shall be deemed to have been defeated. (RSMo 1939 § 7832,
A.L. 1961 p. 193, A.L. 1978 H.B. 971, A.L. 1992 S.B. 571)

Prior revisions: 1929 § 7687; 1919 § 9126; 1909 § 9951

Effective 7-9-92

In the event that the question as voted upon does not contain the
name and form of government of the proposed consolidated municipality and
the details of transition, such as which officers will serve, which
employees shall be retained, what taxes will be collected, what
ordinances will be in effect and similar matters for the operation of the
consolidated municipality until the new governing body provides
otherwise, then the governing body of each affected municipality shall
select five commissioners if only two cities, towns or villages are
involved or if more than two cities, towns or villages are involved,
three or more commissioners from each involved city, town or village,
with an equal number being appointed from each city, town or village and
not less than ten commissioners being appointed in all, to meet with
similar commissioners appointed from the other affected municipalities,
the commissioners to study and recommend an appropriate name and form of
government of the consolidated municipality and the details of the
transition. The commissioners shall recommend the name and form of
government of the consolidated municipality and the details of the
transition, and, if the question fails to pass by a simple majority in
both or all of the same affected municipalities, a new charter commission
shall be appointed which shall submit a second recommendation to the
voters. If the second recommendation as to name and form of government
and the details of the transition shall also fail to pass by a simple
majority, the results of the two submissions shall be compared and the
question receiving the highest total number of votes in favor thereof
shall be considered as having passed by a simple majority. (L. 1961 p.
193, A.L. 1963 p. 128, A.L. 1978 H.B. 971, A.L. 1992 S.B. 571)

Effective 7-9-92

(1979) Consolidation ballots shall comply with statutory requirements
concerning the form of the ballot and it is not necessary to list the
bonded indebtedness of each municipality and how such indebtedness will
be retired on the ballot. State of Mo. ex rel. Holly v. Kielhofner (A.),
587 S.W.2d 647.

Unless otherwise provided in the proposition as voted upon, the
bonded indebtedness of each municipality at the time of the consolidation
which was incurred for the purpose of purchasing, constructing or
repairing local improvements or facilities for the residents of the
municipality shall continue to be the debt of the taxpayers in the area
of the former municipality and a special tax sufficient to retire the
indebtedness shall be levied against the property within the area of the
former municipality, but the bonded indebtedness of any municipality
which was incurred for the purpose of purchasing, constructing or
repairing improvements or facilities which are to be used generally by
the consolidated municipality shall become the indebtedness of the
consolidated municipality. The question as originally submitted shall
list each separate bonded indebtedness of the municipalities and shall
clearly indicate whether the tax necessary to retire it is to be levied
generally or locally. (L. 1965 p. 193, A.L. 1978 H.B. 971)

(1979) Consolidation ballots shall comply with statutory requirements
concerning the form of the ballot and it is not necessary to list the
bonded indebtedness of each municipality and how such indebtedness will
be retired on the ballot. State of Mo. ex rel. Holly v. Kielhofner (A.),
587 S.W.2d 647.

All elections authorized in sections 72.150 to 72.220 shall be
conducted procedurally in all respects as elections to authorize bond
issues, whether bond issues are authorized in affected municipalities or
not. (RSMo 1939 § 7834, A.L. 1961 p. 193)

Prior revisions: 1929 § 7689; 1919 § 9128; 1909 § 9953

No election may be required to be held as a result of petition by
citizens of an affected municipality if the petition is filed within
three years of the date of unsuccessful election for consolidation. Where
an election is held as a result of action originating within the
governing body of the municipality affected, no limitation on the number
or frequency of elections applies. (L. 1961 p. 193 § 72.165)

When two or more cities in this state, each containing a
population of less than five hundred thousand inhabitants, adjoining and
contiguous to each other in adjoining counties shall be desirous of being
consolidated, it shall be lawful for them to consolidate under one
government of the highest class under which either of said cities is
organized and take the name of said city in the same manner and subject
to the provisions of this chapter prescribed for the consolidation of
adjoining cities in the same county and furnishing bonds by those
petitioning for such elections, the subdivisions of the consolidated city
into wards and the calling of an election for officers in such
consolidated city shall be done by the respective county commissions of
the counties in which such cities are situated and said elections shall
be held simultaneously on the same day. (RSMo 1939 § 7835, A.L. 1978 H.B.
971)

Prior revision: 1929 § 7690

1. Whenever twenty-five percent of the voters of such adjoining
cities in adjoining counties shall petition their respective county
commissions to order the submission of the question on the consolidation
of such cities into one city, said county commissions at their next
regular or special term of said commissions shall order the submission of
the question to the voters.

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

Shall ...... and ...... consolidate? (RSMo 1939 § 7836, A.L. 1978 H.B.
971)

Prior revision: 1929 § 7691

Any two or more municipalities which are adjoining or contiguous
to each other on two or more sides and which are located in a county of
the third class having a population of not less than twenty-five thousand
nor more than thirty thousand may provide for the absorption of the
corporate existence and the territorial limits of one or more of the
municipalities by another such municipality in the manner provided in
sections 72.300 to 72.350. (L. 1976 H.B. 1017 § 1)

The governing body of each of the municipalities involved in the
proposed absorption shall adopt a resolution which sets forth:

(1) The name of each municipality which is to be absorbed;

(2) The name of the municipality which will absorb the other municipality;

(3) A statement that each municipality being absorbed accepts and will be
governed by each and every provision and ordinance of the municipality
which is absorbing them;

(4) The proposed effective date of the merger;

(5) A listing of each separate bonded indebtedness of each municipality
which will be absorbed and a statement whether the tax necessary to
retire it is to be levied locally or generally. (L. 1976 H.B. 1017 § 2)

Upon adoption of the resolution setting forth the plan of
absorption, the governing body of each municipality involved shall order
the submission of the question of absorption to the voters of each
municipality involved. (L. 1976 H.B. 1017 § 3, A.L. 1978 H.B. 971)

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

Shall the municipality of .......... absorb the municipality of
..........?

2. If a majority of the voters voting on the proposition in each of the
municipalities involved vote for the absorption, such absorption shall be
consummated as provided in sections 72.300 to 72.350 and not otherwise.
(L. 1976 H.B. 1017 § 5, A.L. 1978 H.B. 971)

Upon approval of the question in each of the municipalities
involved, the absorption shall be accomplished on the date contained in
the resolutions by the municipality specified in the resolution as the
one which is to absorb the other municipalities shall succeed to the
corporate existence and the territorial limits of the municipalities
being absorbed and the municipalities absorbed shall cease to exist as
separate municipal entities. All the property, real, personal and mixed,
and all rights of every kind and nature belonging to and vested in each
municipality being absorbed shall be transferred to and vested in the
municipality which is absorbing the others on the effective date of the
resolutions. All debts and liabilities and all other choses in action,
and all and every interest of or belonging to each of the municipalities
absorbed shall be taken and transferred to and vested in the municipality
which is absorbing the others on the effective date of the resolutions.
The title to any real estate, or any interest therein, vested in any
municipality which is absorbed shall not revert or be in any way impaired
by reason of the absorption. (L. 1976 H.B. 1017 § 6, A.L. 1978 H.B. 971)

The municipality which absorbs the other municipalities shall
assume and be responsible and liable for all the liabilities and
obligations of each of the municipalities being absorbed. Any claim
existing or action or proceeding pending by or against any of the
municipalities being absorbed may be prosecuted to judgment as if the
absorption had not taken place, or the municipality which has absorbed
the other municipality may be substituted in its place. Neither the
rights of creditors nor any liens upon the property of any municipality
which is absorbed shall be impaired by reason of the absorption. (L. 1976
H.B. 1017 § 7)

The bonded indebtedness of each municipality being absorbed at
the time of the absorption which was incurred for the purpose of
purchasing, constructing or repairing local improvements or facilities
for the residents in the area of a municipality being absorbed shall
continue to be the debt of the taxpayers in the area of the municipality
being absorbed and a special tax sufficient to retire the indebtedness
shall be levied against the property within the area of the municipality
being absorbed, but the bonded indebtedness of any municipality involved
in the absorption which was incurred for the purpose of purchasing,
constructing or repairing improvements or facilities which are to be used
generally by the entire area of the municipality which absorbs the others
shall become the indebtedness of the entire area of the absorbing
municipality and the area which it absorbed. The question as originally
submitted by resolutions and the notice of the election shall list each
separate bonded indebtedness of the municipalities involved and shall
clearly indicate whether the tax necessary to retire it is to be levied
generally or locally. (L. 1976 H.B. 1017 § 8, A.L. 1978 H.B. 971)

All ordinances including all ordinances adopted at elections by a
vote of the people of the municipality which absorbs the other
municipalities shall remain in full force and effect and shall govern in
the territory of the absorbing municipality and of the municipalities
which are absorbed. All ordinances and the corporate existence of the
municipalities being absorbed shall cease to exist and be null and void
and of no force and effect upon the effective date of the absorption. (L.
1976 H.B. 1017 § 9)

Upon the approval of the question of absorption by the voters in
each of the municipalities involved, the governing body of the
municipality which is absorbing the other municipalities shall send
notice containing the results of the election and a copy of the
resolutions of absorption to the clerk of the county in which the
municipalities involved are located and to the secretary of state. (L.
1976 H.B. 1017 § 10, A.L. 1978 H.B. 971)

After the effective date of the absorption, the courts of this
state shall take judicial notice of the absorption and of the new
corporate boundaries of the municipality which absorbed the other
municipalities. (L. 1976 H.B. 1017 § 11)

As used in sections 72.400 to 72.423, the following terms mean:

(1) "Boundary adjustment", an adjustment of a boundary between two
municipalities or a municipality and the unincorporated area of the
county involving all or part of one or more residential parcels in common
ownership or an adjustment between two municipalities or a municipality
and the unincorporated area of the county involving only public property
or public rights-of-way;

(2) "Boundary change", any annexation, consolidation, incorporation,
transfer of jurisdiction between municipalities or between a municipality
and the county, or combination thereof, which, if approved, would result
in a municipality composed of contiguous territory;

(3) "Commission", a boundary commission established pursuant to this
section;

(4) "Contiguousness", territory proposed for annexation in which at least
fifteen percent of its boundary is adjacent to the municipality which is
proposing the annexation or territory proposed for addition to an
established unincorporated area in which at least fifteen percent of its
boundary is adjacent to the established unincorporated area;

(5) "Established unincorporated area", an area in the unincorporated area
of the county which has been approved by the voters pursuant to section
72.422 to remain unincorporated and not subject to any boundary change
except as otherwise provided;

(6) "Proposing agent", the governing body of any municipality which by
ordinance has adopted a boundary change proposal or the governing body of
the county which by ordinance has adopted a boundary change proposal, or
the chief elected official of the county who has authorized the filing of
an unincorporated area proposal, or a person presenting petitions for
incorporation signed by a number of registered voters equal to not less
than fifteen percent of the number of votes cast for governor in the last
gubernatorial election in the total combined area affected by the
boundary change proposal. Petitions submitted by proposing agents may be
submitted with exclusions for the signatures collected in areas
originally included in the proposal but subsequently annexed or
incorporated separately as a municipality, although the commission shall
be satisfied as to the sufficiency of the signatures for the final
proposed area;

(7) "Voting jurisdiction", a city, town or village, or areas of
unincorporated territory with boundaries established by the commission
for purposes of holding a boundary change election. (L. 1989 H.B. 487 §
1, A.L. 1991 S.B. 402, A.L. 1992 S.B. 571, A.L. 1995 H.B. 446, A.L. 1996
H.B. 1557 & 1489, A.L. 1998 S.B. 809, A.L. 1999 S.B. 160 & 82, A.L. 2000
H.B. 1967)

Effective 6-27-00

1. If a commission has been established pursuant to section
72.400 in any county with a charter form of government where fifty or
more cities, towns and villages have been established, any boundary
change within the county shall proceed solely and exclusively in the
manner provided for by sections 72.400 to 72.423, notwithstanding any
statutory provisions to the contrary concerning such boundary changes.

2. In any county with a charter form of government where fifty or more
cities, towns and villages have been established, if the governing body
of such county has by ordinance established a boundary commission, as
provided in sections 72.400 to 72.423, then boundary changes in such
county shall proceed only as provided in sections 72.400 to 72.423.

3. The commission shall be composed of eleven members as provided in this
subsection. No member, employee or contractor of the commission shall be
an elective official, employee or contractor of the county or of any
political subdivision within the county or of any organization
representing political subdivisions or officers or employees of political
subdivisions. Each of the appointing authorities described in
subdivisions (1) to (3) of this subsection shall appoint persons who
shall be residents of their respective locality so described. The
appointing authority making the appointments shall be:

(1) The chief elected officials of all municipalities wholly within the
county which have a population of more than twenty thousand persons, who
shall name two members to the commission as prescribed in this subsection
each of whom is a resident of a municipality within the county of more
than twenty thousand persons;

(2) The chief elected officials of all municipalities wholly within the
county which have a population of twenty thousand or less but more than
ten thousand persons, who shall name one member to the commission as
prescribed in this subsection who is a resident of a municipality within
the county with a population of twenty thousand or less but more than ten
thousand persons;

(3) The chief elected officials of all municipalities wholly within the
county which have a population of ten thousand persons or less, who shall
name one member to the commission as prescribed in this subsection who is
a resident of a municipality within the county with a population of ten
thousand persons or less;

(4) An appointive body consisting of the director of the county
department of planning, the president of the municipal league of the
county, one additional person designated by the county executive, and one
additional person named by the board of the municipal league of the
county, which appointive body, acting by a majority of all of its
members, shall name three members of the commission who are residents of
the county; and

(5) The county executive of the county, who shall name four members of
the commission, three of whom shall be from the unincorporated area of
the county and one of whom shall be from the incorporated area of the
county.

The seat of a commissioner shall be automatically vacated when the
commissioner changes his or her residence so as to no longer conform to
the terms of the requirements of the commissioner's appointment. The
commission shall promptly notify the appointing authority of such change
of residence.

4. Upon the passage of an ordinance by the governing body of the county
establishing a boundary commission, the governing body of the county
shall, within ten days, send by United States mail written notice of the
passage of the ordinance to the chief elected official of each
municipality wholly or partly in the county.

5. Each of the appointing authorities described in subdivisions (1) to
(4) of subsection 3 of this section shall meet within thirty days of the
passage of the ordinance establishing the commission to compile its list
of appointees. Each list shall be delivered to the county executive
within forty-one days of the passage of such ordinance. The county
executive shall appoint members within forty-five days of the passage of
the ordinance. If a list is not submitted by the time specified, the
county executive shall appoint the members using the criteria of
subsection 3 of this section before the sixtieth day from the passage of
the ordinance. At the first meeting of the commission appointed after the
effective date of the ordinance, the commissioners shall choose by lot
the length of their terms. Three shall serve for one year, two for two
years, two for three years, two for four years, and two for five years.
All succeeding commissioners shall serve for five years. Terms shall end
on December thirty-first of the respective year. No commissioner shall
serve more than two consecutive full terms. Full terms shall include any
term longer than two years.

6. When a member's term expires, or if a member is for any reason unable
to complete his term, the respective appointing authority shall appoint
such member's successor. Each appointing authority shall act to ensure
that each appointee is secured accurately and in a timely manner, when a
member's term expires or as soon as possible when a member is unable to
complete his term. A member whose term has expired shall continue to
serve until his successor is appointed and qualified.

7. The commission, its employees and subcontractors shall be subject to
the regulation of conflicts of interest as defined in sections 105.450 to
105.498, RSMo, and to the requirements for open meetings and records
under chapter 610, RSMo.

8. Notwithstanding any provisions of law to the contrary, any boundary
adjustment approved by the residential property owners and the governing
bodies of the affected municipalities or the county, if involved, shall
not be subject to commission review. Such a boundary adjustment is not
prohibited by the existence of an established unincorporated area. (L.
1991 S.B. 402, A.L. 1995 H.B. 446, A.L. 1996 H.B. 1557 & 1489, A.L. 1998
S.B. 809, A.L. 1999 S.B. 160 & 82, A.L. 2000 H.B. 1967)

Effective 6-27-00

(1994) Where legislature intended statutory provision to apply only to
particular county, statutes violate Art. VI, Sec. 8, Mo. Const. which
provides that laws applicable to any county shall apply to all counties
of same classification. State of Missouri ex rel. City of Ellisville and
Committee for Incorporation, et al. v. St. Louis County Board of Election
Commissioners, et al., 877 S.W.2d 620 (Mo.en banc).

The commission shall enact and adopt all rules, regulations and
procedures that are reasonably necessary to achieve the objectives of
sections 72.400 to 72.423 no sooner than twenty-seven calendar days after
notifying all municipalities and the county of the proposed rule,
regulation or procedure enactment or change. Notice may be given by
ordinary mail or by publishing in at least one newspaper of general
circulation qualified to publish legal notices. No new or amended rule,
regulation or procedure shall apply retroactively to any boundary change
or unincorporated area proposal pending before the commission. (L. 1991
S.B. 402, A.L. 1995 H.B. 446, A.L. 1999 S.B. 160 & 82, A.L. 2000 H.B.
1967)

Effective 6-27-00

1. The commission shall review all proposed boundary changes of
any area wholly or partially within the county. After June 27, 2000, no
boundary change or unincorporated area proposal shall be submitted to or
considered by the commission until April 15, 2001, except for
consolidations. Any boundary change or unincorporated area proposal
pending before the commission on June 27, 2000, shall be suspended on
June 27, 2000, and shall be further considered after April 15, 2001, only
if such proposal is reflected in a map plan submitted to the commission
pursuant to section 72.423, except an annexation proposal by a village
with a population under three thousand five hundred where the initial
public hearing will occur prior to July 1, 1999, such proposal shall
continue notwithstanding other provisions of law to the contrary. Review
shall begin no later than thirty days after the plan of intent for the
boundary change has been submitted to the commission by the proposing
agent or thirty days after April 15, 2001, for boundary changes or
unincorporated area proposals which are pending on June 27, 2000. The
plan of intent shall address the criteria set forth in subsection 3 of
this section. For the purposes of this subsection, the term "pending"
means any proposal submitted to the commission which has not yet been
approved by the commission as a simplified annexation or approved for
submission to the qualified voters of the voting jurisdictions. No
simplified boundary change involving territory already described in an
annexation resolution or incorporation petition filed with the commission
shall occur unless the annexation or incorporation proposal has been
disapproved by the commission or defeated by voters. If more than one
proposed change is received from the same proposing agency, the review of
each additional proposed change shall begin not later than thirty days
after the date that review was commenced for the next preceding proposed
change or thirty days after receipt of the proposed changes were received
by the commission; except that, if more than one proposed change is
received by the commission from the same proposing agency on the same
date, the commission may establish the order of review.

2. When a boundary change proposal has been submitted to the commission,
the commission shall, within twenty-one days of receipt of such proposal,
publish notice of such proposal and the date of the public hearing
thereon in at least one newspaper of general circulation qualified to
publish legal notices. Within twenty-one days of receipt of such
proposal, the commission shall also mail written notification of such
proposal and public hearing date to the county clerk, and to the city or
village clerk of each municipality or village, and to any other political
subdivision which, in the opinion of the commission, is materially
affected by the proposal. The costs of publication and notification shall
be borne by the proposing agent. The commission shall hold such public
hearing concerning the proposal not less than fourteen nor more than
sixty days after such publication and notification are complete. At such
public hearing, the county, the proposing agent and affected
municipalities shall be parties, and any other interested person,
corporation, or political subdivision may also present evidence regarding
the proposed boundary change. A boundary change proposal which has been
disapproved by the commission and which is resubmitted with changes to
the commission shall be subject to the public hearing requirement of this
section, unless the commission determines that a public hearing on the
resubmitted proposal is not necessary to achieve the objectives of
sections 72.400 to 72.423.

3. In reviewing any proposed boundary change, the commission shall
approve such proposal if it finds that the boundary change will be in the
best interest of the municipality or municipalities and unincorporated
territories affected by the proposal and the areas of the county next to
such proposed boundary. In making its determination, the commission shall
consider the following factors:

(1) The impact, including but not limited to the impact on the tax base
or on the ability to raise revenue, of such proposal on:

(a) The area subject to the proposed boundary change and its residents;

(b) The existing municipality or municipalities, if any, proposing the
boundary change and the residents thereof;

(c) Adjoining areas not involved in the boundary change and the residents
thereof; and

(d) The entire geographic area of the county and its residents;

(2) A legal description of the area to be annexed, incorporated,
consolidated, or subject to the transfer of jurisdiction;

(3) The creation of logical and reasonable municipal boundaries in the
county, and for such purpose the commission shall have the ability to
make additions, deletions and modifications which address legal
boundaries, technical or service delivery problems or boundaries which
overlap those of other proposals; however, such additions, deletions and
modifications shall not make substantial changes to any proposed boundary
petition;

(4) The present level of major services provided by the municipality or
other provider, provided to the unincorporated area by the county, and
proposed to be provided by the annexing municipality or municipality to
be incorporated or consolidated, including, but not limited to, police
protection, fire protection, water and sewer systems, street maintenance,
utility agreements, parks, recreation, and refuse collections;

(5) A proposed time schedule whereby the municipality or proposed
municipality plans to provide such services to the residents of the area
to be annexed, incorporated or consolidated within three years from the
date the municipal boundary change is to become effective;

(6) The current tax rates of the areas subject to the proposal;

(7) What sources of revenue other than property tax are collected or are
proposed to be collected by the municipality or proposed municipality;

(8) The extraordinary effect the boundary change will have on the
distribution of tax resources in the county;

(9) How the municipality or proposed municipality proposes to zone any
area not presently incorporated;

(10) The compactness of the area subject to such proposal;

(11) When the proposed boundary change shall become effective.

4. The provisions of section 71.910, RSMo, shall not apply to a proposing
agent proceeding before the commission.

5. Nothing in sections 72.400 to 72.423 shall be construed to prevent the
boundary commission or its staff from advising proposing agents on issues
related to proposals. The commission may meet informally, subject to the
requirements of chapter 610, RSMo, with the representatives of
municipalities, other government entities or county residents with regard
to future boundary changes. (L. 1989 H.B. 487 § 2, A.L. 1991 S.B. 402,
A.L. 1992 S.B. 571, A.L. 1995 H.B. 446, A.L. 1999 S.B. 160 & 82, A.L.
2000 H.B. 1967)

Effective 6-27-00

1. For any proposed boundary change submitted after August 28,
1995, the commission shall issue a finding approving or disapproving such
proposals within nine months after such submittal, except that final
action may be deferred on part or all of a boundary change proposal when
necessary to accommodate an overlapping boundary change or unincorporated
area proposal as more particularly provided in subsection 10 of this
section. If the commission finds in favor of a proposed boundary change,
it shall submit the question to the voters residing within the areas
subject to the proposed boundary change, except as provided in subsection
6 of this section.

2. If a boundary change is proposed by a municipality or the county and
if the commission finds against the proposed boundary change submitted by
a municipality or the county, it shall disapprove the boundary change
proposal. In disapproving any boundary change proposal, the commission
shall issue a document indicating the reasons such proposal was
disapproved. No election shall be held on any such proposal not approved
by the commission.

3. If the boundary change is an incorporation proposed pursuant to a
petition, the commission may make such changes in the proposal as it
finds would result in an acceptable proposal, such changes to include but
not be limited to additions, deletions or the modification of a proposal
which contains boundaries which overlap those boundaries contained in any
other proposal. After submittal, the commission may allow the proposing
agent to make minor additions, deletions or modifications which do not
substantially alter the proposal. When reviewing more than one boundary
change proposal made by petition, the commission may consolidate two or
more unincorporated areas into one proposed boundary change. Any changes
made by the commission shall meet the criteria established pursuant to
section 72.403.

4. Where a proposal submitted by a municipality, the county or by a
petition, contains more than two voting jurisdictions, the commission may
provide for approval of a boundary change comprising only those
municipalities and unincorporated area where a majority of voters approve
the boundary change if the resulting municipality would meet the criteria
established pursuant to section 72.403.

5. If a boundary change is proposed by a municipality or the county and
the commission determines that there is a minor error or discrepancy in
the legal descriptions of the areas subject to the proposal as submitted
by the municipality or county, then the commission with the concurrence
of the proposing agent may make such changes to the proposal as are
necessary to rectify the error in the legal description.

6. A simplified boundary change may be proposed by:

(1) A verified petition signed by seventy-five percent of the registered
voters within the area proposed to be annexed which is predominately
residential in character and has an average residential density of not
less than one dwelling per three acres which is filed by the annexing
municipality; or

(2) Two municipalities for a transfer of jurisdiction between them or a
municipality and the county for a transfer of jurisdiction between a
municipality and the county.

Within twenty-one days of receipt of a proposal pursuant to this
subsection, the commission shall publish notice of such proposal and the
date of the public hearing thereon in at least one newspaper of general
circulation qualified to publish legal notices. The commission shall,
within twenty-one days of receipt of such proposal, mail written
notification of such proposal and the date of the public hearing thereon
to the county clerk, and to the city or village clerk of each
municipality or village, and to any other political subdivision which, in
the opinion of the commission, is materially affected by such proposal.
The commission shall hold a public hearing concerning the matter not less
than fourteen nor more than sixty days after such publication and
notification is complete. At the public hearing any interested person,
corporation or political subdivision may present evidence regarding the
proposed boundary change. Within four months of receipt of the proposal,
the commission shall determine whether to disapprove the proposal, or to
approve the proposal and allow it to proceed as an approved boundary
change to be adopted or rejected by the voters pursuant to section
72.407, or to approve the proposal as a simplified boundary change, for
which no vote shall be required, except that final action may be deferred
on part or all of a simplified boundary change proposal when necessary to
accommodate an overlapping boundary change or unincorporated area
proposal as more particularly provided in subsection 10 of this section.
In making its determination, the commission shall consider the factors
set forth in subsection 3 of section 72.403. If the commission determines
that the proposal should be approved as a simplified boundary change,
such proposal shall become effective upon the date set forth in the
commission's written report of approval.

7. A municipality which wishes to propose a boundary change containing
two or more unincorporated areas that are noncontiguous to each other
shall submit separate proposals for the unincorporated areas that are
noncontiguous to each other, in which case there shall be a separate vote
for each proposal approved by the commission. The municipality may:

(1) Adopt and submit separate ordinances for each such separate proposal;
or

(2) Adopt and submit one ordinance containing said separate proposals,
which ordinance shall clearly state that the municipality is making
multiple, separate proposals, and is desirous of separate votes for each
separate proposal. The ordinance shall also clearly identify each
separate proposal that the municipality is making.

8. The commission shall not approve any boundary change proposal in which
more than fifty percent of the combined land subject to the proposal is
unincorporated territory or territories unless the area subject to the
proposal has a population of more than ten thousand persons.

9. A proposing agent may modify its proposal and submit additional
information during the review period.

10. The commission may defer final action on part or all of a boundary
change proposal or proposal for an established unincorporated area beyond
the periods provided for their consideration in order to allow an
election with respect to an overlapping boundary change or unincorporated
area proposal in order to maximize the ability of voters to determine
their own status. Such deferral may be ordered only when the proposal
granted such priority is filed with the commission no later than sixty
days after the proposal on which action will be deferred and only when
the commission determines that the population of the overlapping area is
a greater proportion of the proposal given priority than of the proposal
on which action is deferred. The commission shall take final action on
the deferred proposal within forty-five days of the election at which the
proposal granted priority is decided. The proposing agent may modify the
proposal in accordance with the results of the election. (L. 1989 H.B.
487 § 3 subsecs. 1 to 5, A.L. 1991 S.B. 402, A.L. 1992 S.B. 571, A.L.
1995 H.B. 446, A.L. 1998 S.B. 809, A.L. 1999 S.B. 160 & 82, A.L. 2000
H.B. 1967)

Effective 6-27-00

1. Boundary changes may be adopted by the voters in the following
manner:

(1) If the commission approves a proposed boundary change containing more
than one municipality and no unincorporated areas, such proposal shall be
adopted if a separate majority of the votes cast on the question in each
municipality are in favor of the boundary change, except as provided in
subsection 4 of section 72.405;

(2) If the commission approves a proposed boundary change containing one
or more municipalities and at least one unincorporated area, such
proposal shall be adopted if a separate majority of the votes cast on the
question in each municipality and a separate majority of votes cast in
each voting jurisdiction comprising unincorporated areas of the county
are in favor of the boundary change, except as provided in subsection 4
of section 72.405. If a voting jurisdiction comprising unincorporated
areas of the county has no residents or if no votes are cast for or
against the boundary change, such boundary change shall become effective
if a majority of the votes cast in all other voting jurisdictions and
municipalities are in favor of the boundary change. If the commission
approves a proposed boundary change containing one or more municipalities
and at least one unincorporated area which is classified as an
unincorporated pocket, such proposal shall be adopted if a separate
majority of the votes cast on the question in each municipality and a
majority of votes cast in the whole municipality which would result from
the boundary change are in favor of the boundary change, except as
provided in subsection 4 of section 72.405. As used in this subdivision,
the term "unincorporated pocket" means an unincorporated territory with
an average residential density in excess of one dwelling per three acres,
which has a population of no more than five hundred, which is accessible
by public or private roadway only from incorporated jurisdictions and/or
another county, and which the commission has determined presents
practical difficulties for service by the county by reason of its
isolation.

2. Any election held pursuant to sections 72.400 to 72.423 shall be held
on a date established by the commission in accordance with the provisions
of chapter 115, RSMo. If the proposing agent is a petitioner or the
governing body of the county, all costs of the election shall be paid by
the county. If the proposing agent is the governing body of any
municipality, the cost of such election in each municipality shall be
paid by each municipality and if the proposal contains any unincorporated
territory the cost of the election in the unincorporated territory shall
be paid by the county.

3. Questions concerning the annexation of an area covered by sections
72.400 to 72.423 and the incorporation of the same area shall not be put
to the voters at the same election. Any such election where the questions
of annexation and incorporation have been put to the voters shall be void
in the area covered by both propositions. This subsection shall not
affect the results of that election in areas where both questions were
not put to the voters at the same time. When boundary change proposals
for annexation and for incorporation cover the same area, the proposal
for annexation shall be put to the voters first. (L. 1989 H.B. 487 § 3
subsecs. 6, 7, A.L. 1992 S.B. 571, A.L. 1995 H.B. 446, A.L. 1998 S.B.
809, A.L. 1999 S.B. 160 & 82, A.L. 2000 H.B. 1967)

Effective 6-27-00

1. If a boundary change is disapproved by the voters, no boundary
change which contains more than sixty percent of the area of the
disapproved boundary change shall be submitted to or processed by the
commission any sooner than two years after the date of the disapproved
boundary change.

2. Every petition shall be presented to the commission within two hundred
eighty days following the date on which the first signature was affixed
to the petition, or any part thereof, except that the period of time from
June 14, 1999, to April 15, 2001, shall be excluded. Failure to present a
petition within the foregoing time period shall render the petition
absolutely void. (L. 1998 S.B. 809, A.L. 1999 S.B. 160 & 82, A.L. 2000
H.B. 1967)

Effective 6-27-00

1. If a proposed boundary change is approved by the voters, such
proposal shall be effective six months following the date of the election
or the date specified in such proposal, whichever date is later.
Immediately following the certification of the election, the commission
shall establish a committee to determine the details of the transition.
The governing body of each affected municipality shall select two members
and the governing body of the county in which each unincorporated
territory is situated shall select two members from the affected
unincorporated territory to meet with similar members appointed from
other affected municipalities and the unincorporated territory. The
committee shall disband no later than the date the boundary change
becomes effective. The governing body of the county may delay declaring a
newly incorporated municipality for a period not to exceed six months at
the request of the boundary commission to provide for an orderly
transition from unincorporated to incorporated status.

2. If a conflict shall exist between the provisions of sections 72.400 to
72.423 and the orders, ordinances or charters of any statutory or charter
cities affected by sections 72.400 to 72.423, the provisions of sections
72.400 to 72.423 shall prevail.

3. If a boundary change involves an annexation, failure of the proposing
agent to provide services to the area being annexed or to zone in
compliance with the plan of intent required of the proposing agent within
three years of the boundary change becoming effective, unless compliance
is made unreasonable, shall give rise to a cause of action for
deannexation which may be filed in the circuit court by any resident who
was residing in the area at the time the boundary change became
effective. (L. 1989 H.B. 487 § 3 subsecs. 8, 9, A.L. 1992 S.B. 571, A.L.
1999 S.B. 160 & 82, A.L. 2000 H.B. 1967)

Effective 6-27-00

1. The commission, once established, shall not be a county
commission but shall act as an independent commission. The commission may
hire such staff and acquire such facilities as it finds necessary to
carry out its duties.

2. The commission shall submit a budget requesting the funds necessary to
carry out its duties pursuant to sections 72.400 to 72.423. The county
shall appropriate and provide a reasonable and necessary level of funding
for the commission to carry out its statutory duties. In addition, the
county shall upon request provide petitioners with such available
information as may be necessary to develop a plan of intent. Funding must
provide for at least one professional staff person, one attorney or the
equivalent funds for legal services, and clerical support for the
professional staff and attorney. All salary levels shall be based upon
the personnel system in use for county employees.

3. The commission shall provide by rule for an application fee for
municipal annexations in the amount of one dollar per resident of the
proposed annexation area to defray the commission's cost of processing
and reviewing proposals. (L. 1989 H.B. 487 § 4, A.L. 1995 H.B. 446, A.L.
1999 S.B. 160 & 82, A.L. 2000 H.B. 1967)

Effective 6-27-00

If the approval of the boundary change creates a new
municipality, the governing body of the county shall declare such
municipality, designating in such order the metes and bounds thereof, and
henceforth the inhabitants within such bounds shall be a body politic and
incorporate, by the name and style of "the city of .............." and
the first officers of such city shall be designated by the order of the
governing body of the county, and they shall hold their offices until the
next municipal election and until their successors shall be duly elected
and qualified. (L. 1989 H.B. 487 § 5, A.L. 1992 S.B. 571)

Effective 7-9-92

The county, an interested municipality, or any other interested
party may bring an appropriate civil action against the commission
regarding a proposed boundary change, unincorporated area proposal, or
other commission action or failure to act. In any civil action brought
against the commission regarding a proposed boundary change, if the
commission prevails in the action, the court may require the party who
initiated the action to pay to the commission the reasonable costs
incurred by the commission in opposing the action, including attorney's
fees. (L. 1989 H.B. 487 § 6, A.L. 1999 S.B. 160 & 82, A.L. 2000 H.B. 1967)

Effective 6-27-00

1. Notwithstanding any other provision of law to the contrary, no
new city created pursuant to sections 72.400 to 72.423 shall establish a
municipal fire department to provide fire protection services, including
emergency medical services, if such city formerly consisted of
unincorporated areas in the county or municipalities in the county, or
both, which are provided fire protection services and emergency medical
services by one or more fire protection districts. Such fire protection
districts shall continue to provide services to the area comprising the
new city and may levy and collect taxes the same as such districts had
prior to the creation of such new city.

2. Fire protection districts serving the area included within any
annexation by a city having a fire department, including simplified
boundary changes, shall continue to provide fire protection services,
including emergency medical services to such area. The annexing city
shall pay annually to the fire protection district an amount equal to
that which the fire protection district would have levied on all taxable
property within the annexed area. Such annexed area shall not be subject
to taxation for any purpose thereafter by the fire protection district
except for bonded indebtedness by the fire protection district which
existed prior to the annexation. The amount to be paid annually by the
municipality to the fire protection district pursuant hereto shall be a
sum equal to the annual assessed value multiplied by the annual tax rate
as certified by the fire protection district to the municipality,
including any portion of the tax created for emergency medical service
provided by the district, per one hundred dollars of assessed value in
such area. The tax rate so computed shall include any tax on bonded
indebtedness incurred subsequent to such annexation, but shall not
include any portion of the tax rate for bonded indebtedness incurred
prior to such annexation. Notwithstanding any other provision of law to
the contrary, the residents of an area annexed on or after May 26, 1994,
may vote in all fire protection district elections and may be elected to
the fire protection district board of directors.

3. The fire protection district may approve or reject any proposal for
the provision of fire protection and emergency medical services by a
city. (L. 1989 H.B. 487 § 7, A.L. 1992 S.B. 571, A.L. 1993 S.B. 256, A.L.
1995 H.B. 446, A.L. 1996 S.B. 735, A.L. 1999 S.B. 160 & 82, A.L. 2000
H.B. 1967)

Effective 6-27-00

1. The provisions of this section shall apply to the
consolidation of two or more cities, towns, villages, unincorporated
areas, or any combination thereof, in any county with a charter form of
government where fifty or more cities, towns and villages have been
incorporated. If a boundary commission has been established pursuant to
section 72.400, such proposal shall be submitted to the commission, but
if no such commission has been established, consolidation of such areas
shall be accomplished pursuant to this section. All municipalities and
unincorporated areas which may be consolidated under the procedures
established in this section must be contiguous to each other, so that if
the consolidation is approved by the voters pursuant to subsections 7 to
9 of this section, there will be one municipality with all parts
contiguous to at least one other portion of the new municipality.

2. Whenever a petition for consolidation containing the signatures of at
least fifteen percent of the qualified voters of each municipality or
unincorporated area, determined on the basis of the number of votes cast
for governor at the last gubernatorial election held prior to the filing
of the petition, is received by the governing body of the county, the
governing body of the county shall submit the question of consolidation
to the qualified voters of each municipality and unincorporated area
named in the petition at the next state or county primary, general or
special election. The petition need not contain signatures of qualified
voters of a municipality if the governing body of such municipality
adopts an ordinance approving the proposed consolidation which meets the
requirements of subsection 5 of this section, and sends a copy of the
ordinance to the governing body of the county in conjunction with the
petition prescribed by this subsection.

3. A petition for consolidation shall contain the following:

(1) The names of the municipalities and a description of any
unincorporated area to be consolidated;

(2) The proposed effective date of consolidation;

(3) The number of votes cast in the last election in each municipality
and unincorporated area; and

(4) A statement that all signers are registered voters in the affected
municipalities or unincorporated areas.

The petition may contain the form of government, the name of the
municipality as consolidated and the details of transition, such as which
officers will serve, which employees shall be retained, what taxes will
be collected, what ordinances will be in effect and similar matters for
the operation of the consolidated municipality until the new governing
body provides otherwise.

4. All persons signing the petition for consolidation shall designate
their address opposite their signatures, and such signatures shall be
affixed before a person who shall certify, by affidavit acknowledged
before a notary public, that such signatures were affixed in his presence.

5. Any ordinance approving a proposed consolidation shall contain the
following:

(1) The names of the municipalities and a description of any
unincorporated area to be consolidated;

(2) The proposed effective date of the consolidation;

(3) The number of votes cast in the last election in that municipality.

The ordinance may contain the form of government, the name of the
municipality as consolidated, and the details of transition prescribed in
subsection 3 of this section.

6. The costs of an election held under this section shall be assessed
proportionately to each municipality; however, when a voting jurisdiction
is composed of unincorporated territory or territories, all costs of the
election in such voting jurisdictions shall be paid proportionally by
each municipality in the proposed consolidation. Proportional election
costs paid under this section shall be assessed by charging each
municipality the same percentage of the total cost of the election as the
number of registered voters of the municipality on the day of the
election is to the total number of registered voters on the day of the
election, derived by adding together the number of registered voters in
each municipality.

7. The question shall be submitted separately, but on the same date, to
each municipality and unincorporated area described in the petition or
ordinances filed pursuant to subsections 2 to 5 of this section. The
question shall be submitted in substantially the following form:

Shall the municipalities of ................. (list all municipalities)
be consolidated into one municipality?

[ ] Yes [ ] No

The consolidation shall only become effective if a separate majority of
the votes cast on the proposal in each municipality and unincorporated
area affected by such proposal are in favor of the consolidation. If the
voters of any municipality or unincorporated area vote against such
proposal, the consolidation shall not take effect, even if the voters of
all other municipalities and unincorporated areas vote in favor of the
proposal.

8. If a consolidation is approved by the voters, such proposal shall be
effective six months following the date of the election or the date
specified in such proposal, whichever date is later. Immediately
following the certification of the election, the governing body of each
affected municipality shall select two members and the governing body of
the county in which each unincorporated territory is situated shall
select two members from each affected unincorporated territory to meet
with similar members appointed from other affected municipalities and
unincorporated territories in order to determine the details of the
transition.

9. If the consolidation is approved, it shall create a new municipality,
and the governing body of the county shall declare such municipality,
designating in such order the metes and bounds thereof, and henceforth
the inhabitants within such bounds shall be a body politic and
incorporate, by the name and style of "the city of
...........................". (L. 1989 H.B. 487 § 8, A.L. 1992 S.B. 571,
A.L. 1995 H.B. 446)

1. Notwithstanding any other provision of sections 72.400 to
72.420 to the contrary, residents of an unincorporated area of a county
may remain unincorporated and not subject to any boundary change pursuant
to sections 72.400 to 72.420 if the following are satisfied:

(1) The county petitions the boundary commission;

(2) A legal description of the unincorporated area accompanies the
petition. If there is a minor error or discrepancy in the legal
description of the unincorporated area, the commission, with the
concurrence of the county, may make such changes to the proposal as are
necessary to rectify the error in the legal description;

(3) The unincorporated area either contains a population of not less than
two thousand five hundred or is contiguous with an existing established
unincorporated area;

(4) A plan of intent accompanies the petition addressing the issues to be
considered by the commission.

2. When an unincorporated area proposal has been submitted to the
commission, the commission shall, within twenty-one days of receipt of
such proposal, publish notice of such proposal and the date of the public
hearing thereon in at least one newspaper of general circulation
qualified to publish legal notices. Within twenty-one days of receipt of
such proposal, the commission shall also mail written notification of
such proposal and public hearing date to the county clerk, and to the
city or village clerk of each neighboring municipality or village, and to
any other political subdivision which, in the opinion of the commission,
is materially affected by the proposal. The costs of publication and
notification shall be borne by the county. The commission shall hold such
public hearing concerning the proposal not less than fourteen nor more
than sixty days after such publication and notification are complete. At
such public hearing, the county and any municipality with an overlapping
map plan shall be parties, and any other interested person, corporation,
or political subdivision may also present evidence regarding the
unincorporated area proposal. An unincorporated area proposal which has
been disapproved by the commission and which is resubmitted with changes
to the commission shall be subject to the public hearing requirement of
this section, unless the commission determines that a public hearing on
the resubmitted proposal is not necessary to achieve the objectives of
this section. The commission shall issue findings approving or
disapproving such proposal within nine months after submittal, except
that final action may be deferred on part or all of an unincorporated
proposal when necessary to accommodate an overlapping boundary change
proposal as more particularly provided in subsection 10 of section
72.405. The proposal shall be submitted at the next general or special
election in accordance with the provisions of chapter 115, RSMo. The cost
of the election shall be paid by the county. If the proposal is approved
by the voters then the area shall be an established unincorporated area
and shall remain unincorporated territory for a period of five years from
the date of the vote and shall not be subject to any boundary change
pursuant to sections 72.400 to 72.420.

3. In reviewing any proposed unincorporated area proposal, the commission
shall approve such proposal if it finds that continued provision of local
services to the area by the county will not impose an unreasonable burden
on county government and that such designation is in the best interest of
the unincorporated territories affected by the proposal and the areas of
the county next to such area. In making its determination, the commission
shall consider the following factors:

(1) The impact, including but not limited to the impact on the tax base
or on the ability to raise revenue, of such proposal on:

(a) The area subject to the proposed established unincorporated area and
its residents;

(b) Adjoining areas not involved in the proposed established area and the
residents thereof; and

(c) The entire geographic area of the county and its residents;

(2) A legal description of the unincorporated area;

(3) The creation of logical and reasonable municipal boundaries in the
county, and for such purpose the commission shall have the ability to
make additions, deletions and modifications which address legal
boundaries, technical or service delivery problems or boundaries which
overlap those of other proposals; however, such additions, deletions and
modifications shall not make substantial changes to any proposed
unincorporated area proposal;

(4) Whether approval of the unincorporated area proposal will result in
unreasonable difficulty in provision of services by the county;

(5) The effect approval of the established unincorporated area will have
on the distribution of tax resources in the county;

(6) The compactness of the area subject to such proposal.

4. After approval by the voters of an unincorporated area proposal, no
boundary change affecting any part of such area shall be proposed to the
commission until expiration of the area's status as an established
unincorporated area, but map plans affecting the area may be filed during
the planning period pursuant to section 72.423. If no map plan of a
boundary change proposal with respect to an established unincorporated
area has been submitted during the most recent planning period pursuant
to section 72.423, the commission shall commence review of the
circumstances of such established unincorporated area six months prior to
its expiration, and shall submit reauthorization of such unincorporated
area to the voters if the commission determines that its circumstances
have not materially changed since it was approved. (L. 1998 S.B. 809,
A.L. 1999 S.B. 160 & 82, A.L. 2000 H.B. 1967)

Effective 6-27-00

1. In any county in which a boundary commission has been
established pursuant to section 72.400, all boundary changes and
unincorporated area proposals shall be subject to the five-year planning
cycle mandated in this section. No municipality nor other person shall
file, nor shall the commission accept or review, any boundary change or
unincorporated area proposal which has not previously been submitted to
the commission for map plan review and comment as provided in this
section, except that consolidations of municipalities and transfers of
jurisdiction pursuant to subdivision (2) of subsection 6 of section
72.405 may be sought at any time without prior submission for map plan
review and comment as provided in this section.

2. Between January 1, 2000, and July 1, 2000, and between January first
and July first of each sixth year thereafter, each municipality, the
county, and any citizen group may present general maps of proposed
boundary changes and proposed established unincorporated areas to the
commission for map plan review. Proposed incorporations and
unincorporated areas, if not submitted by the county, shall be submitted
by petition of no less than five percent of the registered voters within
the proposed area. Boundary change and unincorporated area maps shall not
be accompanied by a plan of intent, but shall be depicted with sufficient
detail and accuracy to permit review and comment.

3. Between August 1, 2000, and December 31, 2000, and each sixth year
thereafter, the commission shall solicit written comments on all boundary
change and established unincorporated area map plans and shall hold
informational public hearings in or near the affected areas, at which the
county, any municipality, or other interested person shall be heard. The
commission may encourage negotiation between parties involved in
competing map plans. Map plans may be amended by the submitting parties
until April fifteenth of the year following map plan submission based on
negotiation or based on the hearings or other comments, but no such
amendment shall enlarge the boundary change or unincorporated area map
plan beyond the area originally submitted, except for minor technical
amendments necessary to address boundary issues.

4. The commission may by April first of the year following map plan
submission issue written comments regarding each boundary change and
unincorporated area map plan to notify proponents of the merits or
demerits of such map plan based on planning and public policy
considerations. The map plan as submitted or as amended by April
fifteenth shall remain on file with the commission, and shall be the
limit of permissible boundary changes and unincorporated area proposals
as provided in subsection 1 of this section.

5. Proposals shall be submitted to the commission no later than July
first of the third year following conclusion of map plan review. Any
proposal which has not been approved by the commission by January first
of the next review period year as provided in subsection 2 of this
section shall expire without further action. (L. 1999 S.B. 160 & 82 § 20,
A.L. 2000 H.B. 1967)

Effective 6-27-00

Notwithstanding any other provisions of sections 72.400 to
72.423, any owner of a tract of land of thirty acres or less owned by a
single owner and that is located within two or more municipalities, one
municipality being a city of the fourth classification with a population
between four thousand six hundred and five thousand, and the other
municipality being a constitutional charter city with a population
between sixteen thousand three hundred and seventeen thousand, and both
municipalities located within a county of the first classification having
a charter form of government and having a minimum population of nine
hundred thousand, may elect which municipality to belong to by agreement
of that municipality. Such owner's election shall occur within ninety
days of August 28, 2000. Such agreement shall consist of 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 county clerk and to the city clerk
and assessor of the contributing municipality before December fifteenth,
with such transfer becoming effective the next January first. Such choice
of municipalities shall be permanent. Thereafter, all courts of this
state shall take notice of the limits of both municipalities as changed
by the ordinances. This section shall only apply to boundary changes
effected after January 1, 1990, and occurring by the incorporation of a
municipality. This section shall expire and be of no force and effect on
March 1, 2001. (L. 1999 S.B. 160 & 82, Repealed L. 2000 S.B. 1001
Revision, A.L. 2000 H.B. 1238)

Expires 3-1-01

A county or any other interested municipality or person may bring
an action against the commission established pursuant to section 72.400
contesting a proposed boundary change or other commission action. (L.
1999 S.B. 1, et al. § 1)

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