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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CITIES, TOWNS AND VILLAGES
Chapter : Chapter 77 Third Class Cities
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Any city of the third class in this state may become a body
corporate under the provisions of this chapter, in the manner provided by
law, under the name of "The city of .....", and by that name shall have
perpetual succession, may sue and be sued, implead and be impleaded,
defend and be defended in all courts of law and equity, and in all
actions whatever; may receive and hold property, both real and personal,
within such city, and may purchase, receive and hold real estate within
or without such city for the burial of the dead; and may purchase, hold,
lease, sell or otherwise dispose of any property, real or personal, it
now owns or may hereafter acquire; may receive bequests, gifts and
donations of all kinds of property; and may have and hold one common
seal, and may break, change or alter the same at pleasure, and all courts
of this state shall take judicial notice thereof. (RSMo 1939 § 6865)
Prior revisions: 1929 § 6719; 1919 § 8206; 1909 § 9143
CROSS REFERENCE: Cities of the third class, population, RSMo 72.030
(1967) A municipality may sell a facility acquired with the proceeds of
industrial revenue bonds. Wring v. City of Jefferson (Mo.), 413 S.W.2d
292.
The mayor and council of such city, with the consent of a
majority of the legal voters of such city voting at an election thereof,
shall have power to extend the limits of the city over territory adjacent
thereto, and to diminish the limits of the city by excluding territory
therefrom, and shall, in every case, have power, with the consent of the
legal voters as aforesaid, to extend or diminish the city limits in such
manner as in their judgment and discretion may redound to the benefit of
the city. (RSMo 1939 § 6866, A. 1949 H.B. 2027)
Prior revisions: 1929 § 6720; 1919 § 8207; 1909 § 9144
CROSS REFERENCES: Extension of limits of special charter city to include
another city, procedure, RSMo 81.080 Procedure for annexation of area to
which objection is made, RSMo 71.015
(1955) Question of necessity for extension of boundaries is for the
council and voters and where such question is debatable or of such nature
that reasonable men could differ, the courts cannot interfere with the
decision made by the council and voters. Waller v. City of Macon (A.),
277 S.W.2d 886.
(1957) In determining the necessity for the annexation of land, city has
broad discretion which will not be interfered with unless arbitrary and
unreasonable. Lands used for agricultural purposes held properly annexed.
Faris v. City of Caruthersville (A.), 301 S.W.2d 63.
(1959) Tests or guides which aid in determining whether an annexation has
a reasonable basis stated and applied. City of Fulton v. Dawson (A.), 325
S.W.2d 505.
1. Unless it elects to be governed by subsection 2 of this
section, the council shall by ordinance divide the city into not less
than four wards, and two councilmen shall be elected from each of such
wards by the qualified voters thereof at the first election for
councilmen in cities hereafter adopting the provisions of this chapter;
the one receiving the highest number of votes in each ward shall hold his
office for two years, and the one receiving the next highest number of
votes shall hold his office for one year; but thereafter each ward shall
elect annually one councilman, who shall hold his office for two years.
2. In lieu of electing councilmen as provided in subsection 1 of this
section, the council may elect to establish wards and elect councilmen as
provided in this subsection. If the council so elects, it shall, by
ordinance, divide the city into not less than four wards, and one
councilman shall be elected from each of such wards by the qualified
voters thereof at the first election for councilmen held in the city
after it adopts the provisions of this subsection. At the first election
held under this subsection the councilmen elected from the odd-numbered
wards shall be elected for a term of one year and the councilmen elected
from the even-numbered wards shall be elected for a term of two years. At
each annual election held thereafter, successors for councilmen whose
terms expire in such year shall be elected for a term of two years. (RSMo
1939 § 6881, A.L. 1985 H.B. 817)
Prior revisions: 1929 § 6735; 1919 § 8222; 1909 § 9159
Effective 4-10-85
A general election for the elective officers of each city of the
third class shall be held after the organization of the city under the
provisions of this chapter and on municipal election days every two years
thereafter, the city council may by ordinance provide for the nomination
of officers by primary election; and provided, that all certificates of
nomination and petitions therefor shall be filed with the city clerk and
not with any other officer. Any city organizing under the provisions of
this chapter may elect a mayor and may elect or provide for the
appointment of such other officers as may be necessary to carry this
chapter into effect, who shall hold office until their successors are
elected or appointed and qualified; provided, that the assessor shall
hold office until the first day of September and until his successor is
elected or appointed and qualified, and the term of office of the
assessor in such cities shall commence on the first day of September
after the election at which he is elected or at such time as the city
shall set the beginning of his appointive term, if appointed. (RSMo 1939
§ 6867, A.L. 1945 p. 1302, A.L. 1963 p. 129, A.L. 1978 H.B. 971, A.L.
1985 H.B. 817)
Prior revisions: 1929 § 6721; 1919 § 8208; 1909 § 9145
Effective 4-10-85
The governing body of any city of the third class, except those
organized under the provisions of sections 78.430 to 78.640, RSMo, and
any fourth class city may by ordinance provide for the employment by the
governing body with the approval of the mayor of a city administrator who
shall be the chief administrative assistant to the mayor and who shall
have general superintending control of the administration and management
of the government business, officers and employees of the city, subject
to the direction and supervision of the mayor. (L. 1969 H.B. 284 § 1)
1. The governing body shall provide, as minimum qualifications,
that the city administrator be at least twenty-one years of age, and that
he devote his full time to the performance of the duties of his office.
The governing body may also require that the city administrator meet
other personal qualifications.
2. The city administrator shall receive a salary as set by ordinance, and
shall serve at the pleasure of the appointing authority. (L. 1969 H.B.
284 § 2, A.L. 1987 S.B. 393)
Upon the adoption of a city administrator form of government, the
governing body of the city may provide that all other officers and
employees of the city, except elected officers, shall be appointed and
discharged by the city administrator, but the governing body may make
reasonable rules and regulations governing the same. (L. 1969 H.B. 284 §
3)
(1980) Statute with clause authorizing board of aldermen to make rules
and regulations governing city administrator's power to appoint and
discharge employees strongly suggests that legislature contemplated
variations in extent of dismissal power delegated to city administrator.
State ex rel. Gorris v. Mussman (A.), 612 S.W.2d 357.
(1980) City ordinance appearing to give administrator power to remove
employees only for cause did not affect delegation of power by board of
aldermen to remove employees "at will". State ex rel. Gorris v. Mussman
(A.), 612 S.W.2d 357.
Except as provided in sections 77.042 to 77.048, the mayor and
city council of any third class city and the mayor and board of aldermen
of any fourth class city which adopts the city administrator form of
government shall retain all the powers given to it by the laws applying
to the city before the city administrator form of government was adopted,
and all laws governing the city under its prior form of government and
not inconsistent with the provisions of sections 77.042 to 77.048 shall
apply to and govern the city after it adopts this form of government. All
bylaws, ordinances, and resolutions lawfully passed and in force at the
time the city administrator form of government is adopted shall remain in
force until repealed or altered by the council or board of aldermen. (L.
1969 H.B. 284 § 4)
If at any time, by reason of nonacceptance, resignation, refusal
to qualify, or for any other cause, there shall be no officers of the
city to order an election, any associate circuit judge or commissioner of
the county commission of the county is empowered to order an election for
city officers. (RSMo 1939 § 6868, A. 1949 H.B. 2027, A.L. 1978 H.B. 971)
Prior revisions: 1929 § 6722; 1919 § 8209; 1909 § 9146
No person shall be councilman unless he is at least twenty-one
years of age prior to taking office, a citizen of the United States, and
an inhabitant of the city for one year next preceding his election, and a
resident of the ward from which he is elected six months next preceding
his election. Whenever there is a tie in the election of a councilman,
the matter shall be determined by the council. (RSMo 1939 § 6882, A. 1949
H.B. 2027, A.L. 1955 p. 303)
Prior revisions: 1929 § 6736; 1919 § 8223; 1909 § 9160
At the first regular meeting of the city council after the
election in each year--which meeting shall occur at the time fixed by
ordinance, but shall not be later than the fourth Tuesday in April--the
council shall elect one of its members president pro tem, who shall hold
his office for the term of one year, and who, in the absence of the
mayor, shall preside at the meetings of the council; provided, that in
the absence of the mayor and president pro tem the council may select one
of its members present to preside at such meetings, who shall be styled
"acting president pro tem". (RSMo 1939 § 6883, A.L. 2003 S.B. 136)
Prior revisions: 1929 § 6737; 1919 § 8224; 1909 § 9161
The style of the ordinances of the city shall be: "Be it ordained
by the council of the city of ......, as follows:" No ordinance shall be
passed except by bill, and no bill shall become an ordinance unless on
its final passage a majority of the members elected to the council shall
vote therefor, and the ayes and nays shall be entered on the journal.
Every proposed ordinance shall be introduced to the council in writing
and shall be read by title or in full two times prior to passage, both
readings may occur at a single meeting of the council. If the proposed
ordinance is read by title only, copies of the proposed ordinance shall
be made available for public inspection prior to the time the bill is
under consideration by the council. No bill shall become an ordinance
until it shall have been signed by the officer presiding at the meeting
of the council at which it shall have been passed. When so signed, it
shall be delivered to the mayor for his approval and signature, or his
veto. (RSMo 1939 § 6946, A.L. 1988 H.B. 1435)
Prior revisions: 1929 § 6800; 1919 § 8287; 1909 § 9224
The council shall cause to be kept a journal of its proceedings,
and the ayes and nays of the members shall be entered on any question at
the desire of any two members. The council may prescribe and enforce such
rules as may be necessary to secure the attendance of its members and the
expeditious transactions of its business. (RSMo 1939 § 6886)
Prior revisions: 1929 § 6740; 1919 § 8227; 1909 § 9164
The council shall have power to compel the attendance of
witnesses and the production of papers relating to any subject under
consideration in which the interest of the city is involved, and shall
have power to call on the proper officer of the city, or of the county in
which such city is located, to execute such process. The officer making
such service shall be entitled to receive therefor such fees as are
allowed by law for similar service, to be paid by the city. The president
of the council, or president pro tem, shall have power to administer
oaths to witnesses. (RSMo 1939 § 6885)
Prior revisions: 1929 § 6739; 1919 § 8226; 1909 § 9163
The council shall publish a full and detailed statement of the
receipts and expenditures and indebtedness of the city at the end of each
fiscal year and six months after the end of each fiscal year in a
newspaper of general circulation in the city. Each such statement shall
be for the six-month period preceding the date of the statement. (RSMo
1939 § 6884, A.L. 1989 H.B. 308)
Prior revisions: 1929 § 6738; 1919 § 8225; 1909 § 9162
The city council shall have power to purchase, receive and hold
real estate, as herein mentioned, for public cemetery purposes, either
within the city or within three miles thereof; provided, that no such
cemetery shall exceed more than one hundred and sixty acres in one body.
The council shall provide for the survey, platting, grading, fencing,
ornamenting and improving of all the cemetery ground and the avenues
leading thereto, owned by the city, and may construct walks and protect
ornamental trees therein, and provide for paying the expenses therefor.
The council may make rules and pass ordinances imposing penalties and
fines, not exceeding one hundred dollars, regulating, protecting and
governing city cemeteries, the owners of lots therein, visitors thereto,
and punishing trespassers therein; and the officers of such city shall
have as full jurisdiction and power in the enforcing of such rules and
ordinances as though they related to the city itself. (RSMo 1939 § 6972)
Prior revisions: 1929 § 6826; 1919 § 8308; 1909 § 9244
The cemetery lots shall be conveyed by certificates, signed by
the mayor and countersigned by the clerk, under the seal of the city,
specifying that the purchaser to whom the same is issued is the owner of
the lot or lots described therein by numbers, as laid down on such map or
plat, for the purpose of interment, and such certificates shall vest in
the purchaser, his or her heirs and assigns, a right in fee simple to
such lot for the sole purpose of interment, under the regulations of the
council; and such certificates shall be entitled to be recorded in the
office of the recorder of deeds of the proper county without further
acknowledgment; and such descriptions of lots shall be deemed and
recognized as sufficient description thereof. The council may limit the
number of lots to be owned by the same person at the same time, and may
prescribe rules for enclosing, adorning and erecting monuments,
tombstones and ornaments on cemetery lots, and prohibit any improper
adornment thereof; but no religious test shall be made to the ownership
of the lots, or burials therein, or for the ornamentation of graves or
lots. (RSMo 1939 § 6973)
Prior revisions: 1929 § 6827; 1919 § 8309; 1909 § 9245
The council may establish, alter and change the channel of
watercourses, and wall them and cover them over, and prevent obstructions
thereon, and may establish, make and regulate public wells, cisterns and
reservoirs of water, and provide for filling the same. The council may
purchase grounds and erect and establish market houses and marketplaces,
and regulate and govern the same; and also contract with any person or
persons, association or corporation for the erection, maintenance and
regulation of market houses and marketplaces, on such terms and
conditions and in such manner as the council may prescribe. The council
may also provide for the erection, purchase or renting of a city hall,
workhouses, houses of correction, prisons, engine houses and any and all
other necessary buildings for the city; and may sell, lease, abolish or
otherwise dispose of the same, and may enclose, improve, regulate,
purchase or sell all public parks or other public grounds belonging to
the city, and may purchase and hold grounds for public parks within the
city, or within three miles thereof. (RSMo 1939 § 6954)
Prior revisions: 1929 § 6808; 1919 § 8295; 1909 § 9232
(1979) The exercise by a municipality of its powers to acquire land for
parks outside but within one mile of the city limits is not subject to
zoning regulations of any host county or municipality restricting use of
land which would result in prohibiting its use for park purposes. City of
Kirkwood v. City of Sunset Hills (A.), 589 S.W.2d 31.
In addition to other powers, the mayor and council of cities of
the third class are hereby authorized and empowered to acquire by gift,
devise, purchase or condemnation, within such cities or within a mile
thereof, such real and personal property as may be necessary or desirable
for the purpose of the erection or construction of dams, lake and flood
protection systems, bathhouses, therapeutic bathhouses, mineral water
vending houses and in connection therewith, auditoriums and lecture rooms
and for the laying of pipelines for the distribution of mineral waters
and to so acquire, improve and operate mineral springs and wells, and to
construct all necessary and appropriate buildings and works therefor, and
to do any and all things necessary to maintain and operate said
properties so acquired and constructed as a self-liquidating revenue
producing public project, and for that purpose to lease or convey the
same; provided such properties shall be so acquired, constructed and
thereafter maintained and operated without increasing the indebtedness of
such city and shall not be paid for, maintained or operated by taxes,
either general or special. (RSMo 1939 § 7045)
CROSS REFERENCE: Water mains, special assessments for, certain cities,
RSMo 88.650 to 88.663
The mayor and council of said cities are authorized to accept
gifts and grants and to borrow money and execute, issue and negotiate
bonds or other securities, for the purpose of paying the cost of
acquiring said property or the construction of said buildings or works
thereon, and to secure same by mortgages or deeds of trust on said
properties and the income and revenue derived therefrom; which said
mortgage or deeds of trust shall be a first lien on all said property and
all revenues or income therefrom and shall be enforceable as provided
therein but shall not be a debt of said city or payable out of any
revenue not derived from said property. Said bonds issued under the
provisions of this section and sections 77.150, 77.170 and 77.180 shall
bear interest at a rate not exceeding six percent per annum, payable
annually or semiannually, shall be executed in such manner and be payable
serially in annual installments beginning not later than three years and
extending not more than forty years from the date thereof, and at such
place or places as the mayor and council shall determine. Any income,
receipts, collections and profits from any properties on which such a
mortgage or deed of trust has been so executed, shall be held and kept in
the city treasury as a separate fund, and payments therefrom shall be
made only as provided by said mortgage or deed of trust. (RSMo 1939 §
7046)
CROSS REFERENCE: Improvements, special tax bills and bonds issued in
payment of, RSMo 88.497 to 88.647
The mayor and common council, in proceeding by ordinance to
purchase and condemn lands for the purpose stated in section 77.160, may
proceed in the manner provided by law for the establishment of streets,
avenues, alleys or marketplaces or public squares, but it shall not be
necessary to establish a benefit district or assess benefits, or, unless
there are nonresident or unknown defendants, to give notice by
publication as therein provided; and on such condemnation and the payment
of the appraisement as therein provided, the title of such lands shall
vest in such city for the uses and purposes for which taken. (RSMo 1939 §
7047, A. 1949 H.B. 2027)
Before any such bonds shall be issued the mayor and council
shall, by ordinance, provide that said bonds shall be issued, which said
ordinance shall fix the maximum amount of said bonds and in a general way
the purposes for which said money shall be expended and shall submit the
question to issue bonds to the voters of the city. The ballots shall
state the maximum amount of bonds proposed to be issued and the fact that
such bonds are not to be payable from taxation and will not be a debt of
said city and the general purpose for which they are to be issued. If the
majority of voters voting on the question assent, the mayor and city
council may, by ordinance, cause such bonds of such municipality not
exceeding the maximum amount submitted to the voters to be issued for the
purpose set out in said ordinance and secure the same as herein provided.
(RSMo 1939 § 7048, A.L. 1978 H.B. 971)
The council may also purchase fire engines, hook and ladder
outfits, hose and hose carts, buckets and all other apparatus useful in
the extinguishing of fires, and organize fire companies, and prescribe
rules of duty for the government thereof, with such penalties for the
violation thereof as they may deem proper, not exceeding one hundred
dollars, and to make all necessary expenditures for the purchase of such
fire apparatus and the payment of such fire companies. (RSMo 1939 § 6950)
Prior revisions: 1929 § 6804; 1919 § 8291; 1909 § 9228
CROSS REFERENCE: Information to be filed annually with state fire
marshal, RSMo 320.271
The council shall have sole authority, by ordinance, to grant the
right to any person or persons, or corporation, to make and construct
railroads or street railroads in any street or highway of the city, and
to control and regulate the use thereof; provided, that no such railroad
or street railroad shall be located on any street or highway in the city,
or any portion of such street or highway, until a majority of the
residents, owners of land abutting on said street or highway, or such
portion thereof, shall first assent thereto in writing; and provided
further, that no such railroad or street railroad shall be constructed or
operated until all damages to such abutting lands shall have been first
ascertained and paid to the owners thereof by the person, persons or
corporation constructing said railroad or street railroad, and the city
council shall pass suitable ordinances providing the manner and way of
ascertaining any damages contemplated by this section. (RSMo 1939 § 6978)
Prior revisions: 1929 § 6832; 1919 § 8314; 1909 § 9250
All cities of the third class may grant to any person or
corporation formed under the laws of this state or doing business as a
foreign corporation under the laws of this state, the privilege and
franchise for a period of thirty years, to use the streets, alleys and
other public places of such cities, for the purpose of laying pipes,
conduits or other heating apparatus thereon and therein, and connecting
same with the heating plant of such person or corporation, to furnish
heat to the inhabitants of the city at a reasonable rate to be agreed
upon by the person or corporation furnishing the heat and the person
using the same. Such privilege and franchise may be renewed for another
period or periods not to exceed thirty years per period. The plant to
heat the city may be by means of hot water, steam, hot air or
electricity, or in any other mode that may be advisable, but the person
or corporation, to which the franchise or privilege is granted, shall
commence operation under its franchise or right within two years after
the granting of such franchise or right, or the same shall be forfeited.
Such franchise or privilege may be extended or renewed by the city
council of such city for another period or periods of not more than
thirty years per period, and the extensions or renewals of such franchise
or privilege 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. An initial privilege or franchise must be approved by a
majority of the voters of the municipality voting on the question. (RSMo
1939 § 6979, A.L. 1987 S.B. 412)
Prior revisions: 1929 § 6833; 1919 § 8315; 1909 § 9251
Whenever it is deemed necessary by the council to change the name
of any street or avenue, the council shall, by resolution, declare such
proposed change of name necessary to be made, and shall cause such
resolution to be published at least one week in some newspaper published
in the city; and if, within four weeks after such publication, a majority
of the resident property owners along the line of such street or avenue
do not file with the city clerk their written protest against such
proposed change of name, then the council shall have power by ordinance
to change the name of such street or avenue in accordance with the terms
of such resolution; and upon the passage and approval of such ordinance,
the city clerk shall file with the recorder of deeds of the proper county
a certified copy of such ordinance, and such recorder shall enter the
same upon the records of such county. (RSMo 1939 § 7013)
Prior revisions: 1929 § 6867; 1919 § 8349; 1909 § 9276
No person shall be mayor unless he be at least thirty years of
age, a citizen of the United States and a resident of such city at the
time of and for two years next preceding his election. When two or more
persons shall have an equal number of votes for the office of mayor, the
matter shall be determined by the council. (RSMo 1939 § 6870, A. 1949
H.B. 2027)
Prior revisions: 1929 § 6724; 1919 § 8211; 1909 § 9148
When any vacancy shall happen in the office of mayor, by death,
resignation, removal from the city, removal from office, refusal to
qualify or otherwise, nominations of a successor may be made by any
member of the council and selected with the consent of a majority of the
members of the council, except in counties of the first classification
with a charter form of government which have a population of at least
nine hundred thousand inhabitants. The council may adopt procedures to
fill any such vacancy consistent with this section. In the case of a
temporary absence of the mayor or disability to perform the duties of his
or her office, the president pro tem of the council shall perform the
duties of mayor until the mayor shall return or such disability be
removed; and during the time the president pro tem of the council shall
act as mayor, the president pro tem shall receive the same compensation
that the mayor would be entitled to. In counties of the first
classification with a charter form of government and which do not contain
a city with a population of at least four hundred thousand, in case of
vacancy other than a temporary absence or disability, the person
exercising the office of mayor shall cause a new election to be held;
provided, when a vacancy occurs within six months of a municipal
election, no election shall be called to fill such vacancy. (RSMo 1939 §
6880, A.L. 1978 H.B. 971, A.L. 1982 S.B. 526, A.L. 1991 S.B. 34, A.L.
1999 S.B. 214)
Prior revisions: 1929 § 6734; 1919 § 8221; 1909 § 9158
The mayor shall be president of the council and shall preside
over same, but shall not vote except in case of a tie in said council,
when he shall cast the deciding vote; but provided, however, that he
shall have no such power to vote in cases when he is an interested party.
He shall have the superintending control of all the officers and affairs
of the city, and shall take care that the ordinances of the city and the
state laws relating to such city are complied with. (RSMo 1939 § 6871)
Prior revisions: 1929 § 6725; 1919 § 8212; 1909 § 9149
The mayor and council of each city governed by this chapter shall
have the care, management and control of the city and its finances, and
shall have power to enact and ordain any and all ordinances not repugnant
to the constitution and laws of this state, and such as they shall deem
expedient for the good government of the city, the preservation of peace
and good order, the benefit of trade and commerce, and the health of the
inhabitants thereof, and such other ordinances, rules and regulations as
may be deemed necessary to carry such powers into effect, and to alter,
modify or repeal the same. (RSMo 1939 § 6949)
Prior revisions: 1929 § 6803; 1919 § 8290; 1909 § 9227
CROSS REFERENCES: Assessment, special tax bills for sprinkling and
cleaning streets, RSMo 88.640, 88.811 County roads, adjoining corporate
limits, benefits how assessed, RSMo 88.647 License taxes, authorized, on
what, RSMo 94.110 Policemen, appointment and removal, RSMo 85.541, 85.551
Street lighting, council may provide, approval of electorate, RSMo 88.613
to 88.630 Taxation, RSMo 94.010 to 94.180 Water, council may contract for
service, RSMo 88.633
(1966) City council in third class city is primarily a legislative body
elected by people, and wards from which councilmen are elected must be
substantially equal in population. Armentrout v. Schooler (Mo.), 409
S.W.2d 138.
(1969) Ordinance of a city of the third class which purported to grant to
the city administrator the power to promulgate necessary rules and
regulations to carry out city ordinances was an unconstitutional
delegation of city council's legislative power. Pearson v. City of
Washington (Mo.), 439 S.W.2d 756
(1975) This section does not give a third class city the power to
regulate real estate brokers. Anderson v. City of Olivette (Mo.), 518
S.W.2d 29.
Every bill presented to the mayor and returned to the council
with the approval of the mayor shall become an ordinance, and every bill
presented as aforesaid, but returned with his objections thereto, shall
stand reconsidered. The council shall cause the objections of the mayor
to be entered at large upon the journal, and proceed at its convenience
to consider the question pending, which shall be in this form: "Shall the
bill pass, the objections of the mayor thereto notwithstanding?" The
votes on this question shall be taken by yeas and nays and the names
entered upon the journal, and if two-thirds of all the members-elect
shall vote in the affirmative, the president shall certify the fact on
the roll, and the bill thus certified shall be deposited with the proper
officer, and shall become an ordinance in the same manner and with like
effect as if it had received the approval of the mayor. The mayor shall
have power to sign or veto any ordinance passed by the city council, and
shall also possess the power to approve all or any portion of the general
appropriation bill, or to veto any item or all of the same; provided,
that should he neglect or refuse to sign any ordinance and return the
same with his objections, in writing, at the next regular meeting of the
council, the same shall become a law without his signature. (RSMo 1939 §
6947)
Prior revisions: 1929 § 6801; 1919 § 8288; 1909 § 9225
The mayor shall also have the power to veto any resolution or
order of the council which calls for or contemplates the expenditure of
the revenues of the city. Such vetoes shall be noted on the journal of
the council, and shall be effective and binding unless the council, at a
subsequent session thereof, general or special, shall pass said
resolution or order by a vote of three-fourths of all the members elected
to the council. (RSMo 1939 § 6948)
Prior revisions: 1929 § 6802; 1919 § 8289; 1909 § 9226
The mayor shall, from time to time, communicate to the council
such measures as may, in his opinion, tend to the improvement of the
finances, the police, health, security, ornament, comfort and general
prosperity of the city. (RSMo 1939 § 6873)
Prior revisions: 1929 § 6727; 1919 § 8214; 1909 § 9151
(1975) This section does not give a third class city the power to
regulate real estate brokers. Anderson v. City of Olivette (Mo.), 518
S.W.2d 29.
The mayor shall have power to require, as often as he may deem it
necessary, any officer of the city to exhibit his accounts or other
papers or records, and to make report to the council, in writing,
touching any subject or matter pertaining to his office. (RSMo 1939 §
6874)
Prior revisions: 1929 § 6728; 1919 § 8215; 1909 § 9152
The mayor shall sign the commissions and appointments of all city
officers elected or appointed in the city, and shall approve all official
bonds. (RSMo 1939 § 6872, A.L. 1990 H.B. 986)
Prior revisions: 1929 § 6726; 1919 § 8213; 1909 § 9150
The mayor, with the consent and approval of a majority of the
members elected to the city council, shall have power to appoint a street
commissioner and such other officers as he may be authorized by ordinance
to appoint. (RSMo 1939 § 6879)
Prior revisions: 1929 § 6733; 1919 § 8220; 1909 § 9157
The mayor may, with the consent of a majority of all the members
elected to the city council, remove from office, for cause shown, any
elective officer of the city, such officer being first given opportunity,
together with his witnesses, to be heard before the council, sitting as a
court of impeachment. Any elective officer may, in like manner, for cause
shown, be removed from office by a two-thirds vote of all the members
elected to the city council, independently of the mayor's approval or
recommendation. The mayor may, with the consent of a majority of all the
members elected to the council, remove from office any appointive officer
of the city at will; and any such appointive officer may be so removed by
a two-thirds vote of all the members elected to the council,
independently of the mayor's approval or recommendation. The council may
pass ordinances regulating the manner of impeachment and removals. (RSMo
1939 § 6875)
Prior revisions: 1929 § 6729; 1919 § 8216; 1909 § 9153
The mayor shall be active and vigilant in enforcing all laws and
ordinances for the government of the city, and he shall cause all
subordinate officers to be dealt with promptly for any neglect or
violation of duty; and he is hereby authorized to call on every male
inhabitant of the city, over eighteen years of age and under fifty, to
aid in enforcing the laws. (RSMo 1939 § 6876)
Prior revisions: 1929 § 6730; 1919 § 8217; 1909 § 9154
The mayor shall have power to remit fines and forfeitures and to
grant reprieves and pardons for offenses arising under ordinances of the
city; but this section shall not be so construed as to authorize the
mayor to remit any costs which may have accrued to any officer of the
city by reason of any prosecution under the laws or ordinances of said
city. (RSMo 1939 § 6877)
Prior revisions: 1929 § 6731; 1919 § 8218; 1909 § 9155
1. Except as hereinafter provided, the following officers shall
be elected by the voters of the city: mayor, police judge, attorney,
assessor, collector, treasurer and, except in cities which adopt the
merit system police department, a marshal.
2. Notwithstanding the provisions of subsection 1 of this section, in
cities which contract with another entity for police service, the city
council may eliminate the office of marshal.
3. The attorney shall be a person licensed to practice law in Missouri,
and the council, by ordinance, may provide for the appointment of an
attorney, by the mayor with the approval of the council, in lieu of
electing an attorney. If so appointed he shall serve at the pleasure of
the mayor and council.
4. Whenever a city contracts for the assessment of property or the
collection of taxes with either a public or private entity as authorized
by section 70.220, RSMo, the city council may by ordinance provide that
at the expiration of the term of the then city assessor or collector, as
the case may be, the office is abolished and thereafter no election shall
be had to fill the office; except that in the event the contract expires
and, for any reason, is not renewed, the council may by ordinance provide
for the election of such officer at the next and succeeding regular
elections for municipal officers.
5. The term of office for each of the officers is two years except the
office of mayor and the marshal which are four-year terms. All officers
hold office until their successors are duly elected or appointed and
qualified.
6. The council, by ordinance, may provide that any officer of the city
except the mayor and the councilmen shall be appointed instead of
elected. Such ordinance shall set the manner of appointment, in
accordance with section 77.330, and the term of office for each
appointive officer, which term shall not exceed four years. (RSMo 1939 §
6869, A.L. 1955 p. 290, A.L. 1957 p. 240, A.L. 1959 H.B. 166, A.L. 1978
H.B. 971, H.B. 1634, A.L. 1985 H.B. 817, A.L. 1989 H.B. 785, A.L. 2001
H.B. 491)
Prior revisions: 1929 § 6723; 1919 § 8210; 1909 § 9147
All officers elected to offices or appointed to fill a vacancy in
any elective office under the city government shall be voters under the
laws and constitution of this state and, except appointed officers, must
be residents of the city. No person shall be elected or appointed to any
office who shall at the time be in arrears for any unpaid city taxes, or
forfeiture or defalcation in office. (RSMo 1939 § 6889, A.L. 1967 p. 159,
A.L. 1969 S.B. 15, A.L. 1978 H.B. 971, A.L. 1987 S.B. 393, A.L. 1994 S.B.
517)
Prior revisions: 1929 § 6743; 1919 § 8230; 1909 § 9167
(1991) If language of statute may be subject to more than one
construction, the law favors the construction which is in harmony with
reason and common sense and tends to avoid unreasonable and absurd
results. Term "resident" means resident at time of commencement of
appointed duties. Shands v. City of Kennett, 756 F.Supp. 420 (E.D. Mo.
1991).
Every officer of the city and his assistants, and every
councilman, before entering upon the duties of his office, shall take and
subscribe to an oath or affirmation before some court of record in the
county, or the city clerk, that he possesses all the qualifications
prescribed for his office by law; that he will support the Constitution
of the United States, and of the state of Missouri, the provisions of all
laws of this state affecting cities of this class, and the ordinances of
the city, and faithfully demean himself in office; which official oath or
affirmation shall be filed with the city clerk. Every officer of the
corporation, when required by law or ordinance, shall, within fifteen
days after his election or appointment, and before entering upon the
discharge of the duties of his office, give bond to the city in such sum
and with such sureties as shall be designated by ordinance, conditioned
for the faithful performance of his duty, and that he will pay over all
moneys belonging to the city, as provided by law, that may come into his
hands. If any person elected or appointed to any office shall fail to
take and subscribe such oath or affirmation, or to give bond as herein
required, his office shall be deemed vacant. For any breach of condition
of any such bond, suit may be instituted thereon by the city, or by any
person in the name of the city for the use of such person. (RSMo 1939 §
6890, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 6744; 1919 § 8231; 1909 § 9168
Effective 1-2-79
The term "officer", whenever used in this chapter, shall include
any person holding any situation under the city government or any of its
departments, with an annual salary, or for a definite term of office,
other than clerical or professional staff. (RSMo 1939 § 6891, A.L. 1990
H.B. 986)
Prior revisions: 1929 § 6745; 1919 § 8232; 1909 § 9169
The city clerk shall, among other duties, keep the journal of the
proceedings of the council. He shall safely and properly keep all records
and papers belonging to the city which may be entrusted to his care, and
generally shall perform all the duties required of him by ordinance or
orders of the council. He is hereby empowered to administer official
oaths, and also oaths to persons certifying to demands or claims against
the city. (RSMo 1939 § 6888, A.L. 1990 H.B. 986)
Prior revisions: 1929 § 6742; 1919 § 8229; 1909 § 9169
The council shall have power to fix the compensation of all
officers and employees of the city. (RSMo 1939 § 6893, A.L. 1955 p. 290,
A.L. 1990 H.B. 986)
Prior revisions: 1929 § 6747; 1919 § 8234; 1909 § 9171
If a vacancy occurs in any elective office other than the office
of mayor, a successor to the vacant office shall be selected by
appointment by the mayor with the advice and consent of a majority of the
remaining members of the council. The council may adopt procedures to
fill vacancies consistent with this section. The successor shall serve
until the next available regular municipal April election. If a vacancy
occurs in any office not elective, the mayor shall appoint a suitable
person to discharge the duties of the same until the first regular
meeting of the council thereafter, at which time the vacancy shall be
permanently filled. (RSMo 1939 § 6894, A.L. 1978 H.B. 971, A.L. 1982 S.B.
526, A.L. 1990 H.B. 986, A.L. 1991 S.B. 34, A.L. 1999 S.B. 214, A.L. 2001
H.B. 491)
Prior revisions: 1929 § 6748; 1919 § 8235; 1909 § 9172
Any member of the council or officer of the city who shall, in
official capacity, or under color of his office, knowingly or willfully
or corruptly vote or assent to, or report in favor of, or allow or
certify for allowance, any claim or demand against the city, which claim
or demand shall be on account of or under color of a contract or
agreement not authorized by law and the ordinances of the city, shall be
deemed guilty of a misdemeanor, and shall, upon conviction thereof, be
punished by imprisonment in the county jail for not more than one year,
or by a fine not exceeding five hundred dollars, or by both such fine and
imprisonment. (RSMo 1939 § 6895)
Prior revisions: 1929 § 6749; 1919 § 8236; 1909 § 9173
The duties, powers and privileges of officers of every character
in any way connected with the city government, not herein defined, shall
be prescribed by ordinance; and bonds may be required of any such
officers for faithfulness in office. (RSMo 1939 § 6897)
Prior revisions: 1929 § 6751; 1919 § 8238; 1909 § 9175
The council may, by ordinance, regulate and fix reasonable
maximum rates and charges for the rental and use of telephones and
telephone service within such city, and the price and quality of water,
gas, gasoline, petroleum, electric lights and other means of lighting
furnished by any person, firm or corporation operating under any
franchise granted by the city, and may prescribe the candle power of the
gas and electric lights furnished the city and private consumers. The
council may, by ordinance, regulate and fix reasonable maximum rates,
charges and prices of steam heat or other means of heating furnished by
any person, firm or corporation operating under any franchise granted by
the city, and may prescribe the pressure to be maintained, on its mains,
by any steam heating company, person or firm operating the same. (RSMo
1939 § 6950)
Prior revisions: 1929 § 6804; 1919 § 8291; 1909 § 9228
The city council may also regulate and control the construction
of buildings, the construction and cleaning of fireplaces, chimneys,
stoves and stovepipes, ovens, boilers, kettles, forges or any apparatus
used in any building, manufactory or business which may be dangerous in
causing or promoting fires, and may provide for the inspection of the
same. The council may also provide, by ordinance, limits within which no
building shall be constructed except of brick or stone or other
incombustible materials, with fireproof roofs, and impose a penalty for
the violation of such ordinance, and may cause buildings commenced, put
up or removed into such limit, in violation of such ordinance, to be
removed or abated. (RSMo 1939 § 6950)
Prior revisions: 1929 § 6804; 1919 § 8291; 1909 § 9228
1. Except as provided in subsection 5, the city council of each
third class city, including a city of the third class in a county of the
third class which contains a state university whose primary mission is
engineering studies and technical research, shall have the power and
authority to license, levy and collect a license tax on, and regulate,
electrical contractors and electricians.
2. Any third class city which licenses and regulates electrical
contractors and electricians under this section shall require an
examination be taken by those electrical contractors and electricians
prior to granting a license. The examination shall be either the
multistate electrical licensing test or some other comparable examination
which is based on the National Electrical Code as developed by the
National Fire Protection Association. Each third class city which
licenses and regulates electrical contractors and electricians shall
establish a process for administering the test required in this section.
The city may provide separate licenses for varying grades of electrical
contractors and electricians and may exempt from licensure those
electricians who are in the employ of an electrical contractor.
3. No third class city shall license and regulate electrical contractors
or electricians unless and until such city shall provide for a process of
inspection of and approval of electrical installations. Any inspector
carrying out electrical inspections shall be a licensed electrician with
a minimum of two years' experience in electrical work.
4. The city council of each third class city which licenses and regulates
electrical contractors and electricians may appoint an advisory committee
to assist with the development of examinations and licensing procedures
as may be provided by ordinance.
5. The provisions of this section shall not apply to third class cities
located in counties of the first class having a charter form of
government or to third class cities located in a county of the third
class; except, however, the provisions of this section shall apply to a
city of the third class in a county of the third class which contains a
state university whose primary mission is engineering studies and
technical research. (L. 1990 S.B. 511 § 1)
The council may prescribe limits within the city within which no
lumber yard or wood yard or coal yard shall be kept, and may regulate,
restrain and prohibit the erection or maintenance of any fence, composed
in whole or in part of barbed wire, along or adjacent to any public
street, avenue, alley, park, cemetery or other public place. The council
may also regulate or prohibit the running at large of cattle, hogs,
horses, mules, sheep, goats and other animals and domestic geese, ducks,
chickens and turkeys, and cause such as may be running at large to be
impounded and sold in such manner and time as may be provided by
ordinance. The council may also provide penalties for the owners or
keepers who shall permit such animals or geese, ducks, chickens or
turkeys to run at large. The council may also provide for the erection of
all needful pounds, pens and buildings for the use of the city within or
without the city limits, and appoint and compensate keepers thereof, and
establish and enforce rules governing the same. The council may also tax,
restrain and prohibit the running at large of dogs, and provide for their
destruction when at large contrary to ordinance, and impose penalties on
the owners or keepers thereof. (RSMo 1939 § 6951)
Prior revisions: 1929 § 6805; 1919 § 8292; 1909 § 9229
The council may prohibit and prevent all encroachments into and
upon the sidewalks, streets, avenues, alleys and other public places of
the city, and may provide for the removal of all obstructions from the
sidewalks, curbstones, gutters and crosswalks at the expense of the
owners or occupants of the ground fronting thereon, or at the expense of
the person causing the same; the council may also regulate the planting
of shade trees, erecting of awnings, hitching posts, lamp posts, awning
posts, telephone, telegraph and electric light poles, and the making of
excavations through and under the sidewalks or in any public street,
avenue, alley or other public place within the city. The council may
prevent and punish for all horseracing or other racing, fast driving or
training in the streets, highways, avenues, alleys, or over bridges or
through tunnels in the city, and all games, practices or amusements
therein likely to result in damage to any person or property, and to
regulate, prevent and punish for the riding, driving, leading, standing,
hitching or passing of horses, mules, oxen or other teams or stock or
animals or any vehicle over or upon or across or along any sidewalk,
street, avenue or alley of the city. (RSMo 1939 § 6952)
Prior revisions: 1929 § 6806; 1919 § 8293; 1909 § 9230
(1975) City has power to grant use of streets for cable television even
though not expressly named in statute. City has right to reserve power to
approve rates as a condition of grant to cable television service.
Cablevision, Inc. v. City of Sedalia (Mo.), 518 S.W.2d 48.
The council may make regulations and pass ordinances for the
prevention of the introduction of contagious diseases into the city, and
for the abatement of the same, and may make quarantine laws and enforce
the same within five miles of the city. The council may purchase or
condemn and hold for the city, within or without the city limits, within
ten miles therefrom, all necessary lands for hospital purposes,
waterworks, sewer carriage and outfall, and erect, establish and regulate
hospitals, workhouses, poorhouses, police stations, fire stations and
provide for the government and support of the same, and make regulations
to secure the general health of the city, and to prevent and remove
nuisances; provided, however, that the condemnation of any property
outside of the city limits shall be regulated in all respects as the
condemnation of property or railroad purposes is regulated by law; and
provided further, that the police jurisdiction of the city shall extend
over such lands and property to the same extent as over public
cemeteries, as provided in this chapter. (RSMo 1939 § 6953, A.L. 1998
H.B. 1352)
Prior revisions: 1929 § 6807; 1919 § 8294; 1909 § 9231
CROSS REFERENCES: Hospital, established, adoption for tax, board of
trustees to govern, RSMo 96.150 to 96.228 Parks, city may acquire, tax to
maintain, RSMo 90.010
The council may prescribe rules and provide methods by ordinance
for the inspection, weighing and measuring of any commodity sold in the
city in all cases not otherwise provided for by law, and may provide for
the selling, weighing and inspecting of meats, poultry and vegetables, of
butter, lard and other provisions and articles of food; and may provide
for the inspecting and measuring of wood, coal and fuel, lumber,
shingles, timber and all kinds of building material, and shall have power
to appoint inspectors and measurers; and may make provisions for the
inspection of steam boilers and all steam heating apparatus, and to
license engineers using steam boilers in the city, and may regulate the
place or places where hay, lime, lumber, timber, wood, coal and all kinds
of fuel shall be exposed for sale, and fix the fees of the person or
persons appointed to perform the duties named in this section. (RSMo 1939
§ 6956)
Prior revisions: 1929 § 6810; 1919 § 8297; 1909 § 9234
CROSS REFERENCES: Farmers, selling own produce, not subject to license,
RSMo 150.030 Plumbers, boards of examiners in certain cities, RSMo
341.010 to 341.080
The council shall have power, by ordinance, to secure the general
health of the inhabitants of the city by any measure to regulate,
suppress or abate slaughterhouses, slaughtering animals, stockyards, soap
and other factories, pigpens, cow stables and other stables and dairies,
coal oil tanks and factories, and to remove the same; and to regulate or
prevent the carrying on of any business which may be dangerous or
detrimental to the public health, or the manufacturing or vending of
articles obnoxious to the health of the inhabitants; to prevent, abate
and remove nuisances in a summary manner at the cost of the occupant or
owner of the premises where the nuisance or the cause thereof may be;
provided, that the same was caused by the occupant or owner of the
premises or his agent; and all costs and expenses incurred by the city in
removing or abating any nuisance on private property within the city
limits may be assessed against the occupant or owner, if caused by them
or either of them or their agent, and the same shall be assessed by the
council as a special tax bill against such private property, which shall
be a special lien against such property in the same manner and with the
same effect that special tax bills are for paving; or the cost of
removing or abating such nuisance may be made a part of the judgment by
the judge, in addition to the fine imposed, in case of conviction in
court of the person causing or maintaining any such nuisance; and the
power is hereby given the city council to provide punishments for persons
causing or maintaining nuisances in the city, or within one mile thereof.
The council may also provide for a health commissioner and board of
health to perform such duties and such powers as may be prescribed by
ordinance; and may provide for the condemnation of goods, merchandise,
clothing, furniture and other personal property containing the germs of
contagious or infectious dangerous disease, whenever the same is
necessary for the health of the city; but in every case where private
property is so condemned and destroyed, due compensation shall be made to
the owner thereof, upon the appraisement of five disinterested
commissioners appointed by the mayor. (RSMo 1939 § 6957, A.L. 1978 H.B.
1634)
Prior revisions: 1929 § 6811; 1919 § 8298; 1909 § 9235
Effective 1-2-79
The council shall enact ordinances to prohibit and suppress
houses of prostitution and other disorderly houses and practices, and
gambling houses and all kinds of public indecencies, and may prohibit the
selling or giving intoxicating liquors to any minor or habitual drunkard.
The council shall also enact ordinances to restrain and prohibit riots,
noises, assaults and battery, petit larceny, disturbances of the peace,
disturbances of religious and other lawful assemblies, indecent shows,
exhibitions or concerts in any street, house or place in the city,
disorderly assemblies, and to regulate, restrain and prevent the
discharge of firearms and the keeping and discharge of rockets, powder,
fireworks or other dangerous combustible materials in the streets or in
the limits of the city. (RSMo 1939 § 6950)
Prior revisions: 1929 § 6804; 1919 § 8291; 1909 § 9228
The council may prohibit and punish for the carrying of concealed
deadly weapons, and may arrest and imprison, fine or set to work all
vagrants found within the city. (RSMo 1939 § 6958)
Prior revisions: 1929 § 6812; 1919 § 8299; 1909 § 9236
For any purpose or purposes mentioned in this chapter, the
council may enact and make all necessary ordinances, rules and
regulations; and they may enact and make all such ordinances and rules,
not inconsistent with the laws of the state, as may be expedient for
maintaining the peace and good government and welfare of the city and its
trade and commerce; and all ordinances may be enforced by prescribing and
inflicting upon its inhabitants, or other persons violating the same,
such fine not exceeding five hundred dollars, and such imprisonment not
exceeding three months, or both such fine and imprisonment, as may be
just for any offense, recoverable with costs of suit, together with
judgment of imprisonment, until the fine and costs are paid or satisfied;
and any person committed for the nonpayment of fine and costs, or either,
may be compelled to work out the same as herein provided; but, in any
case wherein the penalty for an offense is fixed by any statute, the
council shall affix the same penalty by ordinance for the punishment of
such offense, except that imprisonments, when made under city ordinances,
may be in the city prison or workhouse instead of the county jail. (RSMo
1939 § 7014, A.L. 1972 S.B. 504)
Prior revisions: 1929 § 6868; 1919 § 8350; 1909 § 9277
CROSS REFERENCES: Ordinances, codification and revision procedure, RSMo
71.940 to 71.948 Ordinances evidence in all courts, RSMo 71.943
No action shall be maintained against any city organized under
the laws of this state as a city of the third class on account of any
injuries growing out of any defect or unsafe condition of or on any
bridge, boulevard, street, sidewalk or thoroughfare in said city, until
notice shall first have been given in writing to the mayor of said city,
within ninety days of the occurrence for which such damage is claimed,
stating the place where, the time when such injury was received, and the
character and circumstances of the injury, and that the person so injured
will claim damages therefor from such city. (RSMo 1939 § 7044)
Prior revisions: 1929 § 6898; 1919 § 8372
(1996) Plaintiff need not be the person who reduces notice of claim to
writing. Lewis v. City of Marceline, 934 S.W.2d 280 (Mo.banc).
Such city, in taking an appeal or prosecuting a writ of error in
any judicial proceeding, shall give bonds as required by law; but it is
hereby released from the obligation of law to furnish security therefor.
All such bonds shall be executed by the mayor or chief magistrate of such
city, and shall be taken in all courts of this state as full compliance
with the law in such cases; and all laws and parts of laws inconsistent
with this provision are hereby repealed. (RSMo 1939 § 7017)
Prior revisions: 1929 § 6871; 1919 § 8353; 1909 § 9280
1. The holder of any elective office in a third class city may be
removed by the qualified voters of such city by recall petition in
accordance with the procedure set out in sections 77.650 to 77.660
subject to the following limitations:
(1) The officer has held office for at least six months;
(2) In the case of an office for a term of two years only, one recall
petition may be filed during such term;
(3) For a term of office more than two years, additional recall petitions
may be filed but not less than six months later after voter disapproval
of the last recall petition;
(4) The recalled officer may not be a candidate to succeed himself at a
special election held to fill the vacancy created by his recall, nor may
he be appointed by the appointing authority to fill the vacancy.
2. A petition signed by voters entitled to vote for a successor to the
incumbent sought to be removed, equal in number to at least twenty-five
percent of the total number of registered voters in such city entitled to
vote for a successor to the incumbent sought to be removed, demanding the
recall of a person from elective office shall be filed with the county
clerk which petition shall contain a statement of the reasons for which
recall is sought which shall not be more than two hundred words in
length. Such petition for recall shall be filed with the appropriate
county clerk or election authority within sixty days after the date of
the earliest signature on the petition. The reasons for recall are
misconduct in office, incompetence or failure to perform duties
prescribed by law. The signatures to the petition need not all be
appended to one paper, but each signer shall add to his signature his
place of residence, giving the street and number and the date signed. One
of the signers of each such paper shall make oath before an officer
competent to administer oaths that the statements therein made are true
as he believes and that each signature to the paper appended is the
genuine signature of the person whose name it purports to be. (L. 1982
H.B. 1120 § 2, A.L. 1983 H.B. 713 Revision, A.L. 1997 S.B. 395)
Within ten days from the date of filing such petition, the county
clerk of such third class city shall examine and from the voters'
register ascertain whether or not said petition is signed by the
requisite number of voters, and if necessary, the council shall allow him
extra help for the purpose; and he shall attach to said petition his
certificate, showing the result of said examination. If by the clerk's
certificate the petition is shown to be insufficient, it may be amended
within ten days from the date of said certificate. The clerk shall,
within ten days after such amendment, make like examination of the
amended petition, and if his certificate shall show the same to be
insufficient, it shall be returned to the person filing the same, without
prejudice, however, to the filing of a new petition to the same effect.
If the petition shall be deemed to be sufficient, the clerk shall submit
the same to the council without delay. If the petition shall be found to
be sufficient, the council shall order the question to be submitted to
the voters of the city. (L. 1982 H.B. 1120 § 3)
1. A special election shall be held on the recall petition as
soon as practicable and as may be determined by the election authority of
the county. The question to be presented to the voters at such election
shall be in substantially the following form:
[ ] FOR the removal of .............(name of officer)
from the office of .............(title of office)
[ ] AGAINST the removal of .........(name of officer)
from the office of .............(title of office)
2. If a majority of the qualified electors voting on the question at such
election shall vote FOR the removal of such officer, a vacancy shall
exist in such office. If a majority of the qualified electors voting on
the question at such election shall vote AGAINST the removal of such
officer, such officer shall continue to serve during the term for which
elected. (L. 1982 H.B. 1120 § 4)
The governing body of any third class city with a population of
more than four thousand but less than four thousand five hundred
inhabitants that is located in a county of the first classification with
a population of more than one hundred fifty thousand but less than one
hundred seventy thousand inhabitants may establish, by ordinance, reserve
funds. In the ordinance establishing the reserve funds, the city may
either earmark the funds for a specific project, or for operations in
general. The repeal or amendment of any such ordinance shall be approved
by the qualified voters of the city. (L. 2000 H.B. 1647)
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