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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CITIES, TOWNS AND VILLAGES
Chapter : Chapter 79 Fourth Class Cities
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Any city of the fourth 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 § 7096)
Prior revisions: 1929 § 6946; 1919 § 8397; 1909 § 9299
CROSS REFERENCE: Cities of the fourth class--minimum population
requirements, RSMo 72.040
The mayor and board of aldermen of such city, whether the same
shall have been incorporated before becoming a city of the fourth class
or not, with the consent of a majority of the voters of such city voting
on the question, 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 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 § 7097, A. 1949 H.B. 2029, A.L. 1978
H.B. 971)
Prior revisions: 1929 § 6947; 1919 § 8398; 1909 § 9300
(1973) The term adjacent as used in this section clearly means that
territory to be annexed must be either abutting and touching the annexing
municipality or not have territory of the same kind intervening between
it and the annexing municipality. City of St. Ann. v. Spanos (A.), 490
S.W.2d 563.
(1974) Parcels to be annexed must be adjacent to city but need not be
adjacent to each other. City of St. Peters v. Kodner Development Corp.
(A.), 509 S.W.2d 788.
An election for the elective officers of each city of the fourth
class shall be held after the organization of such city under the
provisions of this chapter, and on municipal election days every two
years thereafter, except that cities may provide by ordinance that
beginning with the election of a collector after January 1, 1990,
collectors shall be elected every four years. (RSMo 1939 § 7099, A.L.
1978 H.B. 971, A.L. 1989 H.B. 785)
Prior revisions: 1929 § 6949; 1919 § 8400; 1909 § 9302
1. In all cities of the fourth class, except those in a county of
the first class with a charter form of government and which adjoins a
city not within a county, the governing body may provide for a primary
election, to be held on one of the days specified in section 115.123,
RSMo, only by ordinance. Any city adopting such an ordinance shall file a
certified copy thereof with the secretary of state within thirty days of
its adoption, and shall not hold a primary election sooner than sixty
days after its adoption.
2. In lieu of establishing its own election authority to conduct its
primary or general elections, or both, the appropriate election authority
of the county in which a fourth class city is located shall conduct such
elections. All costs incurred in conducting such primary and general
elections, including those incurred by a county election authority under
this subsection, shall be paid by the fourth class city for which the
elections are held. (L. 1981 H.B. 18 § 2)
CROSS REFERENCE: Primary elections may be held, authorization procedure,
exception, RSMo 115.305
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 commissioner of the county commission, or
associate circuit judge of the county, is empowered to order and hold an
election for city officers. (RSMo 1939 § 7100, A. 1949 H.B. 2029, A.L.
1978 H.B. 971, H.B. 1634)
Prior revisions: 1929 § 6950; 1919 § 8401; 1909 § 9303
Effective 1-2-79
1. The following officers shall be elected by the qualified
voters of the city, and shall hold office for the term of two years,
except as otherwise provided in this section, and until their successors
are elected and qualified, to wit: mayor and board of aldermen. The board
of aldermen may provide by ordinance, after the approval of a majority of
the voters voting at an election at which the issue is submitted, for the
appointment of a collector and for the appointment of a chief of police,
who shall perform all duties required of the marshal by law, and any
other police officers found by the board of aldermen to be necessary for
the good government of the city. The marshal or chief of police shall be
twenty-one years of age or older. If the board of aldermen does not
provide for the appointment of a chief of police and collector as
provided by this section, a city marshal, who shall be twenty-one years
of age or older, and collector shall be elected, and the board of
aldermen may provide by ordinance that the same person may be elected
marshal and collector, at the same election, and hold both offices and
the board of aldermen may provide by ordinance for the election of city
assessor, city attorney, city clerk and street commissioner, who shall
hold their respective offices for a term of two years and until their
successors shall be elected or appointed and qualified, except that the
term of the city marshal shall be four years.
2. The board of aldermen may provide by ordinance that the term of mayor
and of the collector shall be four years. Any person elected as mayor or
collector after the passage of such an ordinance shall serve for a term
of four years and until his successor is elected and qualified.
3. The board of aldermen may provide by ordinance that the term of the
board of aldermen shall be four years. Such ordinance shall be submitted
by the board to the voters of the city and shall take effect only upon
the approval of a majority of the voters voting at an election at which
the issue is submitted. Any person elected to the board of aldermen after
the passage of such an ordinance shall serve for a term of four years and
until his successor is elected and qualified. (RSMo 1939 § 7101, A.L.
1961 p. 200, A.L. 1987 H.B. 155, A.L. 1988 H.B. 1531, A.L. 1989 H.B. 785,
A.L. 1998 S.B. 580)
Prior revisions: 1929 § 6951; 1919 § 8402; 1909 § 9304
1. Any person who is elected to his first term as city marshal in
a general election or in a special election in any fourth class city of
this state shall, within six months of such election, cause to be filed
with the city clerk of the city and director of the department of public
safety proof that he has completed the training program formulated
pursuant to sections 590.170 and 590.175, RSMo, or some other comparable
training program of not less than one hundred twenty hours' instruction
approved by the director of the department of public safety. If the newly
elected city marshal is unable to complete the training program within
six months due to the proper course not being available from the
department of public safety, an extension may be granted until such a
course is made available.
2. Whether any person elected to his first term as city marshal attends
such a training program prior to or after assuming the duties of his
office shall be left to the discretion of the governing body of the city
from which he was elected. During the time that a marshal-elect is
enrolled in such a training program, he shall be hired as a city employee
and receive as full compensation from the city from which he was elected,
compensation at a rate equal to that of city marshal. (L. 1997 H.B. 69 &
179 & H.B. 669 § 2)
The board of aldermen shall, by ordinance, divide the city into
not less than two wards, and two aldermen shall be elected from each ward
by the qualified voters thereof, at the first election for aldermen in
cities adopting the provisions of this chapter. At such election for
aldermen, the person receiving the highest number of votes in each ward
shall hold his office for two years, and the person receiving the next
highest number of votes shall hold his office for one year; but
thereafter each ward shall elect annually one alderman, who shall hold
his office for two years. (RSMo 1939 § 7113)
Prior revisions: 1929 § 6963; 1919 § 8414; 1909 § 9316
No person shall be an alderman unless he or she is at least
twenty-one years of age, a citizen of the United States, and an
inhabitant and resident of the city for one year next preceding his or
her election, and a resident, at the time he or she files and during the
time he or she serves, of the ward from which he or she is elected. (RSMo
1939 § 7114, A.L. 1986 H.B. 1471, et al., A.L. 1999 H.B. 476 merged with
S.B. 90)
Prior revisions: 1929 § 6964; 1919 § 8415; 1909 § 9317
No person shall be mayor unless he be at least twenty-five years
of age, a citizen of the United States and a resident of the city at the
time of and for at least one year next preceding his election. (RSMo 1939
§ 7102, A.L. 1986 H.B. 1471, et al.)
Prior revisions: 1929 § 6952; 1919 § 8403; 1909 § 9305
The board shall elect one of their own number who shall be styled
"acting president of the board of aldermen" and who shall serve for a
term of one year. (RSMo 1939 § 7111, A.L. 1983 S.B. 234)
Prior revisions: 1929 § 6961; 1919 § 8412; 1909 § 9314
When any vacancy shall happen in the office of mayor by death,
resignation, removal from the city, removal from office, refusal to
qualify, or from any other cause whatever, the acting president of the
board of aldermen shall, for the time being, perform the duties of mayor,
with all the rights, privileges, powers and jurisdiction of the mayor,
until such vacancy be filled or such disability be removed; or, in case
of temporary absence, until the mayor's return. (RSMo 1939 § 7112)
Prior revisions: 1929 § 6962; 1919 § 8413; 1909 § 9315
The mayor and board of aldermen 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 § 7168)
Prior revisions: 1929 § 7018; 1919 § 8469; 1909 § 9371
CROSS REFERENCES: Licenses, certain businesses and occupations subject to
tax and regulation, RSMo 94.230, 94.270 Public utilities, certain cities
may own and operate, RSMo 91.450 Taxing powers--may provide for public
works, RSMo 88.670, 94.200
The mayor shall have a seat in and preside over the board of
aldermen, but shall not vote on any question except in case of a tie, nor
shall he preside or vote in cases when he is an interested party. He
shall exercise a general supervision over 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 § 7103)
Prior revisions: 1929 § 6953; 1919 § 8404; 1909 § 9306
The style of the ordinances of the city shall be: "Be it ordained
by the board of aldermen 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
board of aldermen shall vote for it, and the ayes and nays be entered on
the journal. Every proposed ordinance shall be introduced to the board of
aldermen 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 board of
aldermen. 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 board of aldermen. No
bill shall become an ordinance until it shall have been signed by the
mayor or person exercising the duties of the mayor's office, or shall
have been passed over the mayor's veto, as herein provided. (RSMo 1939 §
7166, A.L. 1988 H.B. 1435)
Prior revisions: 1929 § 7016; 1919 § 8467; 1909 § 9369
CROSS REFERENCES: Ordinances, codification and revision procedure, RSMo
71.940 to 71.948
Ordinances evidence in all courts, RSMo 71.943
(1954) In action involving validity of tax bills for street improvements
issued under ordinances where yeas and nays were not entered on journal
as required by this section, but minutes showed presence of all or quorum
of aldermen and mayor and that all voted for ordinances, court could
order correction of record to show yeas and nays. Frago v. City of
Irondale, 364 Mo. 500, 263 S.W.2d 356.
Every bill duly passed by the board of aldermen and presented to
the mayor and by him approved shall become an ordinance, and every bill
presented as aforesaid, but returned with the mayor's objections thereto,
shall stand reconsidered. The board of aldermen 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 vote on this question shall be taken by
ayes and nays and the names entered upon the journal, and if two-thirds
of all the members-elect shall vote in the affirmative, the city clerk
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 board of aldermen; 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 board of aldermen, the same
shall become a law without his signature. (RSMo 1939 § 7167)
Prior revisions: 1929 § 7017; 1919 § 8468; 1909 § 9370
The board of aldermen shall cause to be kept a journal of its
proceedings, and the ayes and nays shall be entered on any question at
the request of any two members. The board of aldermen may prescribe and
enforce such rules as it may find necessary for the expeditious
transaction of its business. (RSMo 1939 § 7117)
Prior revisions: 1929 § 6967; 1919 § 8418; 1909 § 9320
(1954) Contract for engineering services signed by mayor and attested by
clerk held invalid when not authorized by action of board of aldermen
recorded in journal of proceedings of city, and money paid thereunder may
be recovered by city. Fulton v. City of Lockwood (Mo.), 269 S.W.2d 1.
The board of aldermen shall semiannually each year, at times to
be set by the board of aldermen, make out and spread upon their records a
full and detailed account and statement of the receipts and expenditures
and indebtedness of the city for the half year ending with the last day
of the month immediately preceding the date of such report, which account
and statement shall be published in some newspaper in the city. (RSMo
1939 § 7115, A.L. 1979 H.B. 334)
Prior revisions: 1929 § 6965; 1919 § 8416; 1909 § 9318
In the event the financial statement of any fourth class city is
not published as required by section 79.160, the treasurer of such city
shall not pay out any money of the city on any warrant or order of the
board of aldermen after the end of the month in which such financial
statement should have been published until such time as such financial
statement is published. Any treasurer violating the provisions of this
section shall be deemed guilty of a class A misdemeanor. (L. 1951 p. 346
§ 1, A.L. 1979 H.B. 334)
The board of aldermen shall have power to compel the attendance
of witnesses and the production of papers and records relating to any
subject under consideration in which the interest of the city is
involved, and shall have power to call on the proper officers of the
city, or of the county in which such city is located, to execute such
process. The officer making such service shall be allowed to receive
therefor such fees as are allowed by law in the circuit court for similar
services, to be paid by the city. The mayor or acting president of the
board of aldermen shall have power to administer oaths to witnesses.
(RSMo 1939 § 7116)
Prior revisions: 1929 § 6966; 1919 § 8417; 1909 § 9319
The mayor shall sign the commissions and appointments of all city
officers elected or appointed in the city, and shall approve all official
bonds unless otherwise prescribed by ordinance. (RSMo 1939 § 7104, A.L.
1993 H.B. 206)
Prior revisions: 1929 § 6954; 1919 § 8405; 1909 § 9307
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 § 7108)
Prior revisions: 1929 § 6958; 1919 § 8409; 1909 § 9311
The mayor shall, from time to time, communicate to the board of
aldermen 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 § 7105)
Prior revisions: 1929 § 6955; 1919 § 8406; 1909 § 9308
The mayor shall have power to remit fines and forfeitures, and to
grant reprieves and pardons for offenses arising under the 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 said
city by reason of any prosecution under the laws or ordinances of such
city. (RSMo 1939 § 7109)
Prior revisions: 1929 § 6959; 1919 § 8410; 1909 § 9312
The mayor, with the consent and approval of the majority of the
members of the board of aldermen, shall have power to appoint a
treasurer, city attorney, city assessor, street commissioner and night
watchman, and such other officers as he may be authorized by ordinance to
appoint, and if deemed for the best interests of the city, the mayor and
board of aldermen may, by ordinance, employ special counsel to represent
the city, either in a case of a vacancy in the office of city attorney or
to assist the city attorney, and pay reasonable compensation therefor,
and the person elected marshal may be appointed to and hold the office of
street commissioner. (RSMo 1939 § 7110)
Prior revisions: 1929 § 6960; 1919 § 8411; 1909 § 9313
CROSS REFERENCES: Administrator, appointment, RSMo 77.042 Policemen,
number prescribed by ordinance, RSMo 85.620
The mayor may, with the consent of a majority of all the members
elected to the board of aldermen, 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 board of
aldermen sitting as a board of impeachment. Any elective officer,
including the mayor, may in like manner, for cause shown, be removed from
office by a two-thirds vote of all members elected to the board of
aldermen, independently of the mayor's approval or recommendation. The
mayor may, with the consent of a majority of all the members elected to
the board of aldermen, 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 board of aldermen,
independently of the mayor's approval or recommendation. The board of
aldermen may pass ordinances regulating the manner of impeachments and
removals. (RSMo 1939 § 7107)
Prior revisions: 1929 § 6957; 1919 § 8408; 1909 § 9310
(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.
(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.
(1981) Statute which authorized mayor of fourth class city, with consent
of majority board of aldermen, to remove at will an appointive officer of
city did not violate Fourteenth Amendment equal protection rights of
police officers who were "laid off". Amaan v. City of Eureka (Mo.), 615
S.W.2d 214.
(1986) An employee of a fourth class city whose employment is terminable
at will has no property right in employment for purposes of federal civil
rights action. Robinson v. City of Montgomery, 651 F.Supp. 493 (E.D. Mo.).
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 the ordinances of the city except
that appointed officers need not be voters 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. All
officers, except appointed officers, shall be residents of the city.
(RSMo 1939 § 7119, A.L. 1967 p. 159, A.L. 1969 p. 135, A.L. 1978 H.B.
971, A.L. 1987 S.B. 393, A.L. 1994 S.B. 517)
Prior revisions: 1929 § 6969; 1919 § 8420; 1909 § 9322
Every officer of the city and his assistants, and every alderman,
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 while 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 appointment or election, 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 may be designated by ordinance, conditioned
upon 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 to the use of such person. (RSMo 1939 §
7120)
Prior revisions: 1929 § 6970; 1919 § 8421; 1909 § 9323
The board of aldermen shall have power to fix the compensation of
all the officers and employees of the city, by ordinance. But the salary
of an officer shall not be changed during the time for which he was
elected or appointed. (RSMo 1939 § 7121)
Prior revisions: 1929 § 6971; 1919 § 8422; 1909 § 9324
If a vacancy occurs in any elective office, the mayor or the
person exercising the duties of the mayor shall cause a special meeting
of the board of aldermen to convene where 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 board of aldermen.
If the vacancy is in the office of mayor, nominations of a successor may
be made by any member of the board of aldermen and selected with the
consent of a majority of the members of the board of aldermen. The board
of aldermen may adopt procedures to fill vacancies consistent with this
section. The successor shall serve until the next regular municipal
election. If a vacancy occurs in any office not elective, the mayor shall
appoint a suitable person to discharge the duties of such office until
the first regular meeting of the board of aldermen thereafter, at which
time such vacancy shall be permanently filled. (RSMo 1939 § 7123, A.L.
1978 H.B. 971, A.L. 1982 S.B. 526, A.L. 1985 H.B. 620, A.L. 1989 H.B.
230, A.L. 1999 S.B. 214)
Prior revisions: 1929 § 6973; 1919 § 8424; 1909 § 9326
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 in all respects. (RSMo 1939 § 7124)
Prior revisions: 1929 § 6974; 1919 § 8425; 1909 § 9327
The treasurer shall receive and safely keep all moneys, warrants,
books, bonds and obligations entrusted to his care, and shall pay over
all moneys, bonds or other obligations of the city on warrants or orders,
duly drawn, passed or ordered by the board of aldermen, and signed by the
mayor and attested by the city clerk, and having the seal of the city
affixed thereto, and not otherwise; and shall perform such other duties
as may be required of him by ordinance. Before entering upon the duties
of his office he shall give bond in such sum as may be required by
ordinance. (RSMo 1939 § 7192)
Prior revisions: 1929 § 7042; 1919 § 8493; 1909 § 9395
CROSS REFERENCES: City depositary, selection of, RSMo 95.355 Money drawn
from treasury, how, RSMo 95.365
The collector shall, annually, at such times as may be designated
by ordinance, make a detailed report to the board of aldermen, stating
the various moneys collected by him during the year, and the amounts
uncollected and the names of the persons from which he failed to collect
and the causes therefor. (RSMo 1939 § 7193)
Prior revisions: 1929 § 7043; 1919 § 8494; 1909 § 9396
CROSS REFERENCE: Collector to settle monthly with treasurer, RSMo 95.360
The board of aldermen shall elect a clerk for such board, to be
known as "the city clerk", whose duties and term of office shall be fixed
by ordinance. Among other things, the city clerk shall keep a journal of
the proceedings of the board of aldermen. He shall safely and properly
keep all the records and papers belonging to the city which may be
entrusted to his care; he shall be the general accountant of the city; he
is hereby empowered to administer official oaths and oaths to persons
certifying to demands or claims against the city. (RSMo 1939 § 7118)
Prior revisions: 1929 § 6968; 1919 § 8419; 1909 § 9321
The board of aldermen may by ordinance provide that hereafter the
same person shall hold the offices of marshal and collector, in which
case his official title shall be "marshal and ex officio collector".
(RSMo 1939 § 7225)
Prior revisions: 1929 § 7075; 1919 § 8525; 1909 § 9426
CROSS REFERENCE: Marshal to be chief of police--powers and duties, RSMo
85.610
It shall be the duty of all the officers of the city to report
annually to the board of aldermen, such reports to embrace a full
statement of the receipts and expenditures of their respective offices,
and such other matters as may be required by the board of aldermen, by
ordinance, resolution or otherwise. (RSMo 1939 § 7194)
Prior revisions: 1929 § 7044; 1919 § 8495; 1909 § 9397
The mayor or board of aldermen shall have power, as often as he
or they may deem it necessary, to require any officer of the city to
exhibit his accounts or other papers or records, and to make report to
the board of aldermen, in writing, touching any matter relating to his
office. (RSMo 1939 § 7106)
Prior revisions: 1929 § 6956; 1919 § 8407; 1909 § 9309
Any member of the board of aldermen 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 § 7195)
Prior revisions: 1929 § 7045; 1919 § 8496; 1909 § 9398
Notwithstanding any other provision of law to the contrary, in
all cities of the fourth class, the board of alderpersons shall have the
authority to fix the compensation, not to exceed two hundred dollars per
month, of members of the planning and zoning commission, the board of
adjustment, the park board and the board of police commissioners of the
city by ordinance. (L. 1997 H.B. 710, A.L. 1998 H.B. 1304)
The board of aldermen shall have power, by ordinance, to secure
the general health of the inhabitants of the city by any measure to
regulate, suppress and abate slaughterhouses, slaughtering animals,
stockyards, soap and other factories, pig pens, cow stables, and other
stables and dairies, 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 rendering of articles
obnoxious to the health of the inhabitants; and to pass ordinances for
the prevention of nuisances and their abatement. (RSMo 1939 § 7176)
Prior revisions: 1929 § 7026; 1919 § 8477; 1909 § 9379
(1955) Fourth class city may not prohibit slaughterhouses under this
section; it may stop the operation of such as become nuisances and make
reasonable regulations for their operation. State ex rel. Jack Frost
Abattoirs, Inc. v. Steinbach (A.), 274 S.W.2d 588.
(1964) City of fourth class is not empowered by this statute to prohibit
slaughterhouses since the words "regulate, suppress and abate" refer to
actions directed toward something in existence, while "prohibit" prevents
its coming into existence. State ex rel. Daniels v. Kasten (A.), 382
S.W.2d 714.
The board of aldermen may make regulations and pass ordinances
for the prevention of the introduction of contagious diseases in the
city, and for the abatement of the same, and may make quarantine laws and
enforce the same within five miles of the city. They may purchase or
condemn and hold for the city, within or without the city limits, or
within ten miles therefrom, all necessary lands for hospital purposes,
waterworks, sewer carriage and outfall, and erect, establish and regulate
hospitals, workhouses, poorhouses, airports 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; except
that the condemnation of any property outside of the city limits shall be
regulated in all respects as the condemnation of property for railroad
purposes is regulated by law. The police jurisdiction of the city shall
extend over such land and property to the same extent as over other city
property, as provided in this chapter. (RSMo 1939 § 7173, A.L. 1969 p.
136)
Prior revisions: 1929 § 7023; 1919 § 8474; 1909 § 9376
CROSS REFERENCE: Waterworks, cities may own and operate, RSMo 91.090 to
91.300
(1960) Fourth class city held not subject to county zoning ordinance in
connection with its sewage treatment plant located two and a half miles
from city limits. State ex rel. Askew v. Kopp (Mo.), 330 S.W.2d 882.
(1962) Injunction issued to prevent city of fourth class from
constructing and maintaining sewage treatment facilities outside city
limits in area designated by zoning ordinance of constitutional charter
county as residential. St Louis County v. City of Manchester (Mo.), 360
S.W.2d 638.
(1967) Sections 71.680 and 79.380, RSMo, when considered in pari materia,
authorize condemnation by fourth class cities of easements and land for
sewer lines and lagoons within five miles of the city, and by necessary
implication, such cities have the authority to condemn an access easement
in order to construct and maintain sewer lines and lagoons. State v.
Riley (Mo.), 417 S.W.2d 1.
(1998) Nothing in this section authorizes city to condemn existing
hospital in order to operate it for same use. Smithville v. St. Luke's
Northland Hospital, 972 S.W.2d 416 (W.D.Mo.).
1. If any fourth class city shall enact an ordinance allowing for
a civil cause of action for abatement of nuisances created by the
accumulation of unsightly, dangerous, or noxious personal property within
the borders of such city, the city may, upon successful prosecution of
such cause of action, be awarded by the court reasonable attorney's fees
incurred in such action.
2. This section shall not be construed to allow any award of attorney's
fees in any municipal court hearing on criminal charges or traffic
violations. (L. 1993 H.B. 217)
The board of aldermen 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
board of aldermen 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 board of aldermen
may prescribe. They may also provide for the erection, purchase or
renting of the city hall, workhouse, 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 § 7174)
Prior revisions: 1929 § 7024; 1919 § 8475; 1909 § 9377
(1974) Held city had power to sell airport. Term "other public grounds"
includes airports. Collins v. Vernon (A.), 512 S.W.2d 470.
1. The board of aldermen may prescribe limits within the city
within which no lumberyard or woodyard shall be kept, and may regulate,
restrain or 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, lane, cemetery or other public grounds.
2. The board of aldermen may also regulate or prohibit the running at
large of cattle, hogs, horses, mules, sheep, goats and all other domestic
animals, also geese, ducks, chickens, turkeys and all other domestic
fowls and cause such animals or fowls as may be running at large to be
impounded and sold in such manner and at such time as may be prescribed
by ordinance.
3. They may also provide penalties for the owners or keepers who shall
permit such animals or fowls to be at large.
4. The board of aldermen 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.
5. The board of aldermen may also tax, regulate and 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 § 7171)
Prior revisions: 1929 § 7021; 1919 § 8472; 1909 § 9374
The board of aldermen may prohibit and prevent all encroachments
into and upon sidewalks, streets, avenues, alleys and other public places
of the city, and may provide for the removal of 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; they may also regulate the planting of shade
trees, erecting of awnings, hitching posts, lamp posts, awning posts,
telephone, telegraph and electric light poles, and making of excavations
through and under the sidewalks or in any public street, avenue, alley or
other public place within the city. They may prevent and punish for all
horseracing, or other racing, fast riding or 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 § 7172)
Prior revisions: 1929 § 7022; 1919 § 8473; 1909 § 9375
(1973) This section does not authorize city to prohibit all overhead
transmission or distribution lines whether on public or private property.
Union Electric Co. v. City of Crestwood (Mo.), 499 S.W.2d 480.
The board of aldermen shall have power to purchase, receive, and
to hold real estate, as herein mentioned, for public cemeteries, either
within or without the city, within a distance of three miles thereof, and
the city and its officers shall have jurisdiction over the said
cemeteries wherever located; provided, that no such cemetery shall exceed
eighty acres in one body. The board of aldermen 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, and provide for paying
the expenses therefor. The board of aldermen may make rules and pass
ordinances imposing penalties and fines, regulating, protecting and
governing city cemeteries, the owners of lots therein, visitors thereto,
and punish 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 § 7190)
Prior revisions: 1929 § 7040; 1919 § 8491; 1909 § 9393
The cemetery lots shall be conveyed by certificates, signed by
the mayor, 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 described therein by numbers, as laid down upon the official map
or plat of such cemetery made by the city, for the purpose of interment,
and such certificate shall vest in the purchaser, his or her heirs or
assigns, a right in fee simple to such lots, for the sole purpose of
interment, under the regulations of the board of aldermen. Such
certificates shall be entitled to be recorded in the office of recorder
of deeds of the proper county without further acknowledgment, and such
description of lots shall be deemed and recognized as sufficient
description thereof. The board of aldermen may limit the number of lots
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 the burials
had therein, or for the ornamentation of graves or lots. (RSMo 1939 §
7191)
Prior revisions: 1929 § 7041; 1919 § 8492; 1909 § 9394
1. The board of aldermen shall enact ordinances to prohibit and
suppress houses of prostitution and other disorderly houses and
practices, including gambling and gambling houses, and all kinds of
public indecencies, and may prohibit the selling or giving of
intoxicating liquors to any minor or habitual drunkard.
2. The board of aldermen shall also enact ordinances to restrain and
prohibit riots, noises, assaults and batteries, 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
limits of the city.
3. The board of aldermen 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.
4. The board of aldermen 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 limits in violation of such ordinance, to be
removed or abated.
5. The board of aldermen 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, and 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.
6. The board of aldermen may enact or make all ordinances, rules and
regulations necessary to carry out the purposes of this chapter.
7. The board of aldermen may enact or make all ordinances, rules and
regulations, not inconsistent with the laws of the state, expedient for
maintaining the peace, good government and welfare of the city and its
trade and commerce. (RSMo 1939 § 7169, A.L. 1971 S.B. 299)
Prior revisions: 1929 § 7019; 1919 § 8470; 1909 § 9372
(1979) The general police power of a municipality does not authorize a
municipality to restrict or limit use of public property for public
purposes. City of Kirkwood v. City of Sunset Hills (A.), 589 S.W.2d 31.
The board of aldermen may adopt ordinances providing for the
prohibition of and punishment for the carrying of concealed deadly
weapons, and may also adopt ordinances providing for the prohibition of
vagrancy and providing that upon conviction one adjudged guilty may be
imprisoned, fined or set to work. (RSMo 1939 § 7177, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 7027; 1919 § 8478; 1909 § 9380
Effective 1-2-79
For all ordinance violations the board of aldermen may impose
penalties not exceeding a fine of five hundred dollars and costs, or
ninety days' imprisonment, or both the fine and imprisonment. Where the
city and state have a penalty for the same offense, the board shall set
the same penalty by ordinance as is set by statute, except that
imprisonments, when made under city ordinances, may be in the city prison
or workhouse instead of the county jail. (RSMo 1939 § 7221, A.L. 1971
S.B. 299)
Prior revisions: 1929 § 7071; 1919 § 8521; 1909 § 9422
No action shall be maintained against any city organized under
the laws of this state as a city of the fourth 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 said 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 § 7241)
(1972) Notice to 4th class city within 90 days of injury applies only to
personal injury and not to property damages. McCulley v. City of
Princeton (A.), 488 S.W.2d 277.
1. The county governing body of any county in which a city of the
fourth class is located shall disincorporate such city as provided in
this section.
2. The county governing body shall order an election upon the question of
disincorporation of a fourth class city upon petition of one-half of the
voters of the city.
3. The county governing body shall give notice of the election by
publication in a newspaper of general circulation published in the city
or, if there is no such newspaper in the city, then in the newspaper in
the county published nearest the city. The notice shall contain a copy of
the petition and the names of the petitioners. No election on the
question of disincorporation shall be held until the notice has been
published for four weeks successively.
4. The question shall be submitted in substantially the following form:
Shall the city of .................... be dissolved?
5. Upon the affirmative vote of sixty percent of those persons voting on
the question, the county governing body shall disincorporate the city.
(RSMo 1939 § 7215, A.L. 1978 H.B. 971, A.L. 1987 H.B. 160)
Prior revisions: 1929 § 7065; 1919 § 8515; 1909 § 9416
The county governing body of any county in which a city of the
fourth class is located shall have the power to disincorporate such city
upon petition of two-thirds of the voters of such city, without an
election in such city, provided that the petition requests
disincorporation without an election, and provided that the population of
such city is less than one hundred. (L. 1987 H.B. 160 § 1)
No dissolution of such corporation shall invalidate or affect any
right accruing to such corporation or to any person, or invalidate or
affect any contract entered into or imposed on such corporation. (RSMo
1939 § 7216)
Prior revisions: 1929 § 7066; 1919 § 8516; 1909 § 9417
Whenever the county commission shall dissolve any such city of
the fourth class, the said county commission shall appoint some competent
person to act as trustee for the corporation so dissolved, and such
trustee, before entering upon the discharge of his duties, shall take and
subscribe an oath that he will faithfully discharge the duties of his
office, and shall give bond with sufficient security, to be approved by
the commission, to the use of such disincorporated city, conditioned for
the faithful discharge of his duty. (RSMo 1939 § 7217)
Prior revisions: 1929 § 7067; 1919 § 8517; 1909 § 9418
The trustee shall have power to prosecute and defend to final
judgment all suits instituted by or against the corporation, collect all
moneys due the same, liquidate all lawful demands against the same, and
for that purpose shall sell any property belonging to such corporation,
or so much thereof as may be necessary, and generally to do all acts
requisite to bring to a speedy close all the affairs of the corporation.
(RSMo 1939 § 7218)
Prior revisions: 1929 § 7068; 1919 § 8518; 1909 § 9419
Such trustee shall employ counsel whenever necessary in the
discharge of his duties, and shall make report of his proceedings to the
county commission at each regular term thereof, and such trustee shall
receive for his services such compensation as the commission shall think
reasonable. (RSMo 1939 § 7219)
Prior revisions: 1929 § 7069; 1919 § 8519; 1909 § 9420
When the trustee shall have closed the affairs of the
corporation, and shall have paid all debts due by said corporation, he
shall pay over to the county treasurer all money remaining in his hands,
and take receipt therefor, and deliver to the clerk of such county
commission all books, papers, records and deeds belonging to the
dissolved corporation. (RSMo 1939 § 7220)
Prior revisions: 1929 § 7070; 1919 § 8520; 1909 § 9421
Any fourth class city with a population of at least one thousand
which is located within a first class county with a charter form of
government adjoining a city not within a county and which has had, during
four years prior to June 24, 1988, at least fifteen percent of the lands
within the city limits of such city purchased under a federal noise
abatement program designed to purchase residential property due to the
high level of noise from a nearby airport, any municipality which adjoins
a city not within a county and which contains an enterprise zone, and any
municipality which has a population of less than seven thousand
inhabitants which adjoins a city not within a county and also adjoins
either a municipality containing an enterprise zone or a municipality
which adjoins a municipality containing an enterprise zone may, upon the
motion of the governing body of such municipality, establish a municipal
redevelopment authority pursuant to sections 79.550 to 79.565. (L. 1988
H.B. 1738 § 1, A.L. 1990 H.B. 1564)
Effective 7-12-90
1. In any municipality eligible under section 79.550 to create a
municipal redevelopment authority, upon the motion of the governing body
of such municipality, there is hereby created a municipal redevelopment
authority in such municipality, which shall consist of nine members
appointed pursuant to this section. Three members of such authority shall
be appointed by the mayor of such municipality, six members of such
authority shall be appointed by the governor, with the advice and consent
of the senate.
2. The members of the authority shall be citizens and residents of the
state. The members of the authority appointed by the mayor shall be
residents of the municipality, or shall have previously been residents of
the municipality for at least five years preceding the appointment. Of
the members of the authority appointed by the governor, at least four
members shall be residents of the county in which the municipality is
located and such members may also be residents of the municipality.
3. Each member appointed shall serve for a term of two years, except that
of the members first appointed, two of the members appointed by the mayor
and three of the members appointed by the governor shall serve for a term
of one year. The mayor shall designate one of the members as chairman.
Vacancies in the authority shall be filled for the unexpired term in the
same manner as original appointments are made. Five members of the
authority shall constitute a quorum, and any action or order of the
authority shall require the approval of at least five members.
4. All members shall be reimbursed for actual and necessary expenses
incurred by them in the performance of their duties, except that the
reimbursements for expenses incurred on any one day other than the cost
of travel shall not exceed one hundred and fifty percent of the daily
expense allowance established for members of the general assembly
pursuant to section 21.145, RSMo. Any member who is a resident of the
county in which the municipality establishing the authority is located
shall not be reimbursed for lodging. (L. 1988 H.B. 1738 § 2, A.L. 1990
H.B. 1564, A.L. 1995 H.B. 484, et al.)
The authority shall have the power to:
(1) Acquire by gift, purchase or lease, sell or otherwise dispose of, and
to plan, construct, operate and maintain, or lease to others for
operation and maintenance, industrial parks, warehouses, grain elevators,
commodity and other storage facilities, and air, water, rail, motor
vehicle and other terminal or parking facilities;
(2) Contract with municipalities or other political subdivisions for the
services or use of any facility owned or operated by the authority, or
owned or operated by any such municipality or other political subdivision;
(3) Borrow money for any of the authorized purposes of the authority and
to issue the negotiable notes, bonds or other instruments in writing of
the authority in evidence of the sum or sums to be borrowed;
(4) Issue negotiable refunding notes, bonds or other instruments in
writing for the purpose of refunding, extending or unifying the whole or
any part of its valid indebtedness from time to time outstanding, whether
evidenced by notes, bonds or other instruments in writing;
(5) Provide that all negotiable notes, bonds or other instruments in
writing issued either pursuant to subdivision (3) or pursuant to
subdivision (4) of this section shall be payable, both as to principal
and interest, out of the revenues collected for the use of any facility
or combination of facilities owned or operated or owned and operated by
the authority, or out of any other resources of the authority, and may be
further secured by a mortgage or deed of trust upon any property owned by
the authority. All notes, bonds or other instruments in writing issued by
the authority as provided in this section shall be sold at public or
private sale, shall mature in not to exceed thirty years from the date
thereof, shall bear interest at the best obtainable rate, and shall be
sold for not less than ninety-five percent of the par value thereof. The
authority shall have the power to prescribe the details of such notes,
bonds or other instruments in writing, and of the issuance and sale
thereof, and shall have power to enter into covenants with the holders of
such notes, bonds or other instruments in writing, not inconsistent with
the powers granted to the authority, without further legislative
authority;
(6) Contract and be contracted with, and to sue and be sued in contract;
(7) Promulgate rules and regulations necessary to administer the
provisions of sections 79.550 to 79.565;
(8) Specifically purchase lands from the county in which one city is
situated, from any county airport authority or from any other political
subdivision of this state;
(9) Make leasing arrangements and contracts on any lands purchased by the
authority in order to finance economic development, with revenues from
such contracts and arrangements to be used to assist in the repayment of
bonds issued by the authority;
(10) Hire personnel necessary in order to effectively administer the
provisions of sections 79.550 to 79.565. (L. 1988 H.B. 1738 § 3)
Effective 6-24-88
1. All bonds, notes and other instruments of indebtedness issued
by the authority and all interest thereon and income therefrom shall be
tax exempt.
2. Any notes, bonds or other instruments in writing issued by the
authority pursuant to the provisions of sections 79.550 to 79.565 are
hereby recognized to be securities in which all state and municipal
officers and bodies, all banks, bankers, trust companies, savings banks,
savings associations, building and loan associations, investment
companies, and all other persons carrying on a banking business, all
insurance companies, insurance associations, and other persons carrying
on an insurance business, and all administrators, executors, guardians,
trustees and other fiduciaries and all other persons whatsoever who are
now or who may hereafter be authorized to invest in bonds or other
obligations of the state of Missouri may properly and legally invest any
funds, including capital, belonging to them, or within their control and
the obligations are hereby recognized as securities which may properly
and legally be deposited with and shall be received by any state or
municipal officer or agency for any purpose for which the deposit of
bonds or other obligations of this state is now or may hereafter be
authorized. (L. 1988 H.B. 1738 § 4)
Effective 6-24-88
1. Where the authority attempts to purchase real property for
fair market value from any political subdivision in this state, such
political subdivision shall, if at all possible and if it would not incur
undue hardship, assist the authority by selling such property.
2. The provisions of sections 79.550 to 79.565 shall apply only in the
boundaries of the municipality which establishes a municipal
redevelopment authority as such boundaries existed on January 1, 1988. If
any such municipality disincorporates after establishing an authority,
the authority shall be dissolved, except that the authority shall
determine the method of retiring any bonds issued by the authority. (L.
1988 H.B 1738 § 5, A.L. 1990 H.B. 1564)
Effective 7-12-90
No elected or appointed official or employee of the municipality
or authority, and no spouse or dependent child of any official or
employee shall have any financial or pecuniary interest whatsoever in any
land, land development which is a part of a redevelopment project of the
authority or any of the authority's operations including the issuance of
bonds or other indebtedness. (L. 1988 H.B. 1738 § 6, A.L. 1990 H.B. 1564)
Effective 7-12-90
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