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USA Statutes : missouri
Title : CITIES, TOWNS AND VILLAGES
Chapter : Chapter 80 Towns and Villages
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When the word "town" is used in this chapter concerning the
incorporation of towns and villages, it shall be construed to include
village. In relation to corporations under this chapter, it shall be
construed to mean village only. (RSMo 1939 § 655, A. 1949 H.B. 2030)
Prior revisions: 1929 § 655; 1919 § 7058; 1909 § 8057
Whenever two-thirds of the taxable inhabitants of any town or
village within this state shall present a petition to the county
commission of the county, setting forth the metes and bounds of their
village and commons, and praying that they may be incorporated under a
police established for their local government, and for the preservation
and regulation of any commons appertaining to such town and village, and
the county commission shall be satisfied that two-thirds of the taxable
inhabitants of such town or village have signed such petition, and that
the prayer of such petition is reasonable, the county commission may
declare such town or village incorporated, designating in such order the
metes and bounds thereof, and thenceforth the inhabitants within such
bounds shall be a body politic and corporate, by the name and style of
"The town of ....." naming it and by that name they and their successors
shall be known in law; have perpetual succession, unless disincorporated;
sue and be sued; plead and be impleaded; defend and be defended in all
courts and in all actions, pleas and matters whatsoever; may grant,
purchase, hold and receive property, real and personal, within such town
and no other, burial grounds and cemeteries excepted; and may lease, sell
and dispose of the same for the benefit of the town, and may have a
common seal, and alter the same at pleasure. (RSMo 1939 § 7242)
Prior revisions: 1929 § 7091; 1919 § 8541; 1909 § 9430
(1971) Where vast majority of six square mile area included within
proposed incorporation was being used for agricultural purposes and was
not within the boundaries of the existing village, nor an integral part
thereof and had no logical relationship to the existence and function of
the village as a municipality, the judgment affirming the order
incorporating the village was reversed. In re Incorporation of Village of
Lone Jack (A.), 471 S.W.2d 513.
(1976) Held, that while incorporation was improper, the state was barred
by laches (22 years in this case) from challenging validity of
incorporation. State ex rel. King v. Village of Praethersville (A.), 542
S.W.2d 578.
The corporate powers and duties of every village so incorporated
shall be vested in a board of trustees, to consist of five members,
unless such town shall contain more than twenty-five hundred inhabitants,
in which case such board may consist of nine members, the number to be
determined by a vote of the voters of such village. The first board of
trustees shall be appointed by the county commission at the time of
declaring such town incorporated. If the board consists of five members
the county commission shall designate two members who shall serve for
terms of two years and three members who shall serve for terms of one
year. If the board consists of nine members the county commission shall
designate four members who shall serve for terms of two years and five
members who shall serve for terms of one year. Thereafter all members
shall serve for terms of two years and until their successors are elected
and qualified. (RSMo 1939 § 7243, A.L. 1957 p. 274, A.L. 1961 p. 201,
A.L. 1978 H.B. 971)
Prior revisions: 1929 § 7092; 1919 § 8542; 1909 § 9431
No person shall be a trustee who has not attained the age of
twenty-one years; who is not a citizen of the United States; who is not
an inhabitant of the town at the time of his election, and has not
resided therein for one whole year next preceding the time of his
election. (RSMo 1939 § 7244, A. 1949 H.B. 2030, A.L. 1957 p. 274, A.L.
1978 H.B. 971)
Prior revisions: 1929 § 7093; 1919 § 8543; 1909 § 9432
Every trustee, before entering upon the duties of his office,
shall take the oath prescribed by the constitution of this state, and
that he will faithfully demean himself in office. Every board of trustees
shall assemble within twenty days after their appointment or election,
and choose a chairman of their number, and some other person as clerk.
The chairman may vote on any proposition before the board. The board of
trustees, by ordinance, shall fix the time and place of holding their
stated meetings, and may be convened by the chairman at any time. (RSMo
1939 § 7245, A.L. 1957 p. 274)
Prior revisions: 1929 § 7094; 1919 § 8544; 1909 § 9433
At all meetings of the board, a majority of the trustees shall
constitute a quorum to do business; a smaller number may adjourn from day
to day, and may compel the attendance of absent members in such manner
and under such penalties as the board of trustees previously, by
ordinance, may have prescribed. (RSMo 1939 § 7246)
Prior revisions: 1929 § 7095; 1919 § 8545; 1909 § 9434
The board of trustees shall judge of the qualifications,
elections and returns of their own members; they may determine rules of
their own proceedings, punish any member or other person for disorderly
behavior in their presence, and, with the concurrence of four of the
trustees, expel any member, but not a second time for the same cause;
they shall keep a journal of their proceedings, and, at the desire of any
member, shall cause the yeas and nays to be taken and entered on the
journal, on any question, resolution or ordinance; and their proceedings
shall be public. (RSMo 1939 § 7247, A. 1949 H.B. 2030)
Prior revisions: 1929 § 7096; 1919 § 8546; 1909 § 9435
(1962) Duty to maintain journal and to enter ordinances therein held
mandatory and ordinances which are not properly entered in such record do
not exist. Missouri Public Service Company v. Barton County Electric
Cooperative (A.), 353 S.W.2d 818.
(1995) Four trustees may expel any member from a meeting, but not for the
remainder of the member's term. State ex rel. Foster v. Morris, 913
S.W.2d 85 (Mo.App.E.D.).
Such board of trustees shall have power:
(1) To pass bylaws and ordinances to prevent and remove nuisances;
(2) To prevent, restrain and suppress bawdy-houses, gambling houses and
other disorderly houses within the limits of such town, or any addition
to said town, or any commons thereto attached;
(3) To restrain and prohibit gambling;
(4) To license, tax and regulate merchants, peddlers and auctioneers, and
to regulate and prohibit the sale or giving away of intoxicating liquors
under merchants' licenses in such towns; provided, that druggists and
pharmacists may sell upon prescriptions, as is provided by law;
(5) To provide for licensing and regulating and prohibiting dramshops and
tippling houses, public shows, circuses, theatrical and other amusements,
to the distance of one-half mile from the corporate limits of such town;
(6) To prohibit the firing of firearms;
(7) To prevent furious and unnecessary riding or driving of any horse or
other animal within such town, or such part thereof as they may think
proper;
(8) To establish night watches and patrols;
(9) To erect and maintain calabooses, poorhouses and hospitals;
(10) To prevent the introduction and spreading of contagious diseases;
(11) To organize and maintain fire companies;
(12) To prevent and extinguish fires;
(13) To establish fire limits and to define the limits within which
wooden buildings, stables, manufactories and other structures which may
increase the danger of calamities from fires shall not be erected;
(14) To establish and provide for wells, cisterns and pumps;
(15) To regulate the construction of chimneys and flues thereof, and to
appoint an inspector of chimneys and flues, and to define the duties and
fix the compensation thereof;
(16) To establish and regulate markets;
(17) To erect and repair bridges and culverts;
(18) To erect, repair and regulate wharves and the rate of wharfage;
(19) To regulate the landing and stationing of steamboats, rafts and
other watercraft;
(20) To provide for the inspection of lumber, building material and for
provisions to be used or offered for sale in such town, or to be exported
therefrom;
(21) To regulate the storage of gunpowder and other combustible materials;
(22) To regulate the slaughtering of animals;
(23) To license, tax, regulate and prohibit ball and tenpin alleys,
billiards and pool tables, or other tables upon which games are played
for pay or amusement;
(24) To license, tax, regulate and prohibit all other games for pay or
amusement; provided, that no permission shall be given to bet money,
property or other thing upon any game, or to license any such game;
(25) To license, tax and regulate wagons and teams, livery, sale and feed
stables, and any vehicle or team kept or let for pay;
(26) To license, tax and regulate hay, grain and stock scales;
(27) To levy and collect taxes upon property and the licenses herein
provided for;
(28) To borrow money for the improvement of such town, or to supply the
same with water or gas;
(29) To open and form public squares, avenues, drains and sewers, and to
keep the same cleaned and in order;
(30) To locate and lay out new streets and alleys;
(31) To establish the grade of streets and alleys;
(32) To determine and fix the width of sidewalks, and the material of
which the same may be built; and
(33) To widen streets heretofore laid out in such town, and to appoint
three commissioners to assess the damages done to property upon which
such street or alley may be located, deducting from such damages the
amount of benefit, if any, such street or alley, or the widening thereof,
may be to the same; but all assessments so made by the commissioners
shall be reported, as soon as may be, to the board of trustees, who may
approve or reject the same; and all persons aggrieved by such assessment
may, within fifteen days after receiving notice of such assessment,
appeal therefrom to the next circuit court of the county, by giving
notice of such appeal to said board of trustees at least fifteen days
before the first day of the term to which said appeal is taken; and the
circuit court, on such appeal, shall be possessed of the case and proceed
therewith to final judgment, according to law. In all cases of assessment
or appeal, the land to be used for or occupied by the street or alley may
be taken possession of for the purpose of establishing and improving such
street or alley, as soon as the amount of damages so assessed shall be
tendered to the owner;
(34) Also to open, clear, regulate, grade, pave or improve the streets
and alleys of such town;
(35) To provide for lighting the streets and erecting lamps thereon;
(36) To regulate and prohibit the running at large of dogs, hogs, cattle
and horses in the streets and alleys of such town, and to impose and
collect tax on dogs not exceeding one dollar each;
(37) To impose and appropriate fines for forfeitures and penalties for
breaking or violating their ordinances;
(38) To levy and collect taxes;
(39) To regulate the enclosure of any common field belonging to or within
the limits of such town; and
(40) To pass such other bylaws and ordinances for the regulation and
police of such town and commons thereto appertaining as they shall deem
necessary, not repugnant to and contrary to the laws of the state. (RSMo
1939 § 7248)
Prior revisions: 1929 § 7097; 1919 § 8547; 1909 § 9436
CROSS REFERENCES: Auctioneers, not maintaining a business office in
municipality, exempt from license, RSMo 71.620 Farmers, selling own
produce, exempt from license, RSMo 150.030
(1955) Where retail supermarket store building was located partly in
village and partly in fourth class city, each could impose on operator
thereof a merchant's license tax (or privilege tax) measured by gross
sales of supermarket, and village tax was valid although most of sales
were without its boundaries. Food Center of St. Louis v. Village of
Warson Woods (Mo.), 277 S.W.2d 573.
(1965) Insofar as this section purports to permit a charter city to annex
territory by ordinance alone it is unconstitutional. City of Hannibal v.
Winchester (Mo.), 391 S.W.2d 279.
The style of ordinances of villages organized under the
provisions of this chapter shall be: "Be it ordained by the board of
trustees of the village of ....., as follows." (RSMo 1939 § 7283)
Prior revisions: 1929 § 7132; 1919 § 8581; 1909 § 9469
No ordinance shall be passed except by bill, and no bill shall
become an ordinance unless on its passage a majority of all the members
of the board of trustees vote therefor, and the yeas and nays be entered
upon the journal; every proposed ordinance shall be introduced to the
board of trustees 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 trustees. 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 trustees. All ordinances shall be in full force and effect from and
after their passage after being duly signed by the chairman of the board
of trustees and attested by the village clerk. (RSMo 1939 § 7284, A.L.
1996 S.B. 811)
Prior revisions: 1929 § 7133; 1919 § 8582; 1909 § 9470
(1954) Where journal did not show that chairman of board was present or
absent at meeting nor that he voted either yea or nay, the yeas and nays
were not entered on the journal and ordinance was void even though
journal showed other four members voted for it. Krug v. Village of Mary
Ridge (A.), 271 S.W.2d 867.
(1962) Where the journal did not contain an entry showing the yeas and
nays in the passage of an ordinance, the ordinance did not exist.
Missouri Public Service Company v. Barton County Electric Cooperative
(A.), 353 S.W.2d 818.
The chairman of the board shall cause to be printed and published
the bylaws and ordinances of the board, for the information of the
inhabitants, and cause the same to be carried into effect. He shall
remain in office for the term for which he is appointed or elected as a
trustee; but in case of his absence at any meeting of the board, the
board may appoint a chairman pro tempore, and in case he shall die,
resign, be removed from office or remove from the town, the board of
trustees shall appoint one of their number chairman, who shall hold the
office for the unexpired term. (RSMo 1939 § 7285)
Prior revisions: 1929 § 7134; 1919 § 8583; 1909 § 9471
Whenever the board of trustees of any town or village organized
under the laws of the state of Missouri as such town or village shall, by
resolution, declare that a necessity exists for the sprinkling, oiling or
otherwise treating of any particular street, avenue, alley or streets,
avenues, alleys and such public places within such town or village and
whenever thereafter two-thirds of the resident taxpayers owning property
adjoining and abutting on said street, or streets, avenues, alleys and
such public places shall file with the board of trustees of such town or
village a petition requesting that said street or streets, avenues,
alleys and such public places so designated and set aside by resolution
be sprinkled, oiled or otherwise treated, the board of trustees shall
have power by ordinance to cause such sprinkling, oiling or treating to
be done and the cost thereof to be provided for and defrayed by a special
tax to be assessed in favor of town or village on the adjoining property
fronting or bordering on the streets, avenues, alleys, and such public
places, where such sprinkling, oiling or treating is proposed to be done
in the proportion that the linear feet of each lot fronting or bordering
on the street, avenue, alley and public place so to be sprinkled, oiled
or treated bears to the total cost of such sprinkling, oiling or
treating. (RSMo 1939 § 7249)
Prior revision: 1929 § 7098
Upon receipt of such petition, it shall be the duty of the board
of trustees to make or cause to be made a careful estimate of the
approximate cost in total of said sprinkling, oiling or treating and an
average general cost per linear foot of each lot, fronting or bordering
upon the streets, avenues, alleys and public places so outlined in the
petition. Upon completion of said estimate a written report thereof shall
be posted in one or more conspicuous places in or about the town or
village, or cause to be published in at least one paper, if such paper be
published in the town or village. Such report shall contain therein a
notice of public hearing where persons may be heard either for or against
granting the petition. Said hearing to be not less than fifteen days from
date of posting of said notice of said publication. The time, date, and
place of meeting shall be designated by the board of trustees. (RSMo 1939
§ 7249)
Prior revision: 1929 § 7098
Upon completion of the hearing, in case the board of trustees
shall determine that the petition contains the necessary number of
signers sufficient to satisfy the statute, such decision and
determination shall be final and a special ordinance shall be drafted by
the board of trustees, in conformity with section 80.110; provided, that
whenever the majority of the owners of the property liable to taxation
therefor residing in such town or village shall remonstrate against the
sprinkling, oiling, or otherwise treating of any street, avenue, alley,
or streets, avenues, alleys and such public places, then the board of
trustees shall have no power to let a contract therefor or to perform the
work of sprinkling, oiling or otherwise treating on behalf of such town
or village. The provisions of the said ordinance shall be executed by the
board of trustees and an accurate account of the cost thereof kept by the
town or village clerk, or shall be contracted for annually by the board
of trustees at such time and under such terms as shall be provided for by
ordinance or until such ordinance is repealed upon petition of seventy
percent or more of resident property owners. (RSMo 1939 § 7249)
Prior revision: 1929 § 7098
The special tax bill issued under the provisions of sections
80.130 to 80.160 shall be and become a lien on the property charged
therewith from and after the commencing of sprinkling, oiling or treating
of such streets, avenues, alleys and such public places coming under the
provisions of said ordinance provided therefor and shall be prima facie
evidence of liability of the property charged therewith to the expense
and the amount therein specified and may be collected on and from the
owner of the land, in the name of and by the town or village in any court
of competent jurisdiction with interest at the rate of eight percent per
annum and such special tax bills shall be issued and collected in the
manner provided by ordinance; provided, that in no case shall the cost of
such sprinkling, oiling or treating exceed fifteen cents per front foot
per annum on any residence property, nor thirty cents per annum per front
foot on any business property abutting upon any street, avenue, alley or
public place. (RSMo 1939 § 7249)
Prior revision: 1929 § 7098
In addition to the power already possessed by towns and villages
under section 80.090 to restrain domestic animals from running at large
within their corporate limits, such towns and villages may, through their
board of trustees, regulate or prohibit the running at large of cattle,
hogs, horses, sheep, goats, mules, asses and other domestic animals, 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; such trustees may
provide fees for restraining and impounding such animals to be paid by
the owners and may also provide penalties for the owners who allow or
permit such animals to run at large. The said trustees may also provide
for the erection of all needful pens, pounds and buildings for the use of
such town or village, within or without the limits thereof, and appoint
and compensate keepers thereof and establish and enforce rules governing
the same. (RSMo 1939 § 7250)
Prior revisions: 1929 § 7099; 1919 § 8548
Such board of trustees of any incorporated town or village in
this state shall have power, by ordinance, to cause the owner or owners
of any property or lot adjacent to any street or alley in said town or
village to build, pave, construct, improve or repair any sidewalk along
the side of said property or lot in such town or village. (RSMo 1939 §
7255)
Prior revisions: 1929 § 7104; 1919 § 8553; 1909 § 9441
Whenever the board of trustees of any town or village shall
determine to have any sidewalk built or repaired, as contemplated by
section 80.180, the said board of trustees shall cause at least ten days'
notice, in writing, to be served on the owner or owners of any such
property or lot in said town or village, which said notice shall require
such owner or owners of such property or lot to begin to build, repair
and complete the building and repairing of any such sidewalk in
reasonable time thereafter; which said notice shall contain a description
of each property or lot as aforesaid, and a general description of the
character of such sidewalk, giving the length and breadth of such
sidewalk and the material of which all or any part thereof shall be
composed; and if, at the expiration of fifteen days after the service of
said notice, if in writing, or if by publication, at the end of four
weeks after said publication, said owner or owners as aforesaid shall not
in good faith have commenced to build and repair any such sidewalk as
aforesaid, and complete the same in reasonable time thereafter in the
judgment of the board of trustees, said board of trustees shall cause
such sidewalk to be built or repaired at the expense of such town or
village, the cost and expense of which shall constitute a lien on the
property or lot along which said sidewalk may be built or repaired as
aforesaid, and the said town or village may enforce the said lien against
such property or lot in any court of competent jurisdiction; and in such
cases a certified copy of any special tax bill for such work, approved by
the board of trustees, shall in all cases be prima facie evidence that
the work therein stated was done along the property therein mentioned and
the amount thereof as stated therein is due and correct and the
provisions of the law and ordinances have been carried out; provided, the
owner or owners of said property or lot may pay into the treasury of said
town or village the cost and expense of building or repairing said
sidewalk by the town or village, at any time before the sale of said
property or lot for such cost and expense. (RSMo 1939 § 7256)
Prior revisions: 1929 § 7105; 1919 § 8554; 1909 § 9442
If the notice in writing cannot be personally served in the state
as provided herein, or if the owner or owners are unknown and cannot be
personally served, the board of trustees shall cause four weeks' notice
to be published in the English language, in some daily or weekly
newspaper published in the county in which the property or lot is
situated, setting forth all the facts required in the written notice in
section 80.190. (RSMo 1939 § 7257)
Prior revisions: 1929 § 7106; 1919 § 8555; 1909 § 9443
The chairman of each board of trustees shall, semiannually, make
out a correct statement of all moneys received and expended on account of
their respective towns during the six months next preceding; and shall
cause such statement, within ten days thereafter, to be published, either
in some newspaper printed in the same town, or by causing copies of such
statement to be put up in six of the most public places in such town.
(RSMo 1939 § 7281, A.L. 2002 H.B. 1846)
Prior revisions: 1929 § 7130; 1919 § 8579; 1909 § 9467
If the chairman of the board of trustees of any town shall, at
any time, neglect to make, and cause such statement to be published, as
required by section 80.210, he shall forfeit for every such neglect the
sum of fifty dollars, to be recovered by civil action in any court of
record, one-half whereof shall be to the use of such town, and the other
half to the use of any taxpayer of said town who will sue for the same.
(RSMo 1939 § 7282)
Prior revisions: 1929 § 7131; 1919 § 8580; 1909 § 9468
All vacancies in the board of trustees shall be filled by the
remaining members of the board. In case the office of chairman becomes
vacant, the remaining members shall select one of their own number as
temporary chairman and then proceed to elect some person to fill such
vacancy; provided, the chairman or temporary chairman shall have no vote
except in case of a tie. (RSMo 1939 § 7286)
Prior revisions: 1929 § 7135; 1919 § 8584; 1909 § 9472
Such board of trustees shall have power to appoint an assessor,
collector, marshal, treasurer, and such other officers, servants and
agents as may be necessary, remove them from office, prescribe their
duties and fix their compensation. (RSMo 1939 § 7251, A. 1949 H.B. 2030,
A.L. 1953 p. 268)
Prior revisions: 1929 § 7100; 1919 § 8549; 1909 § 9437
Every constable, marshal, collector and treasurer appointed by
virtue of section 80.240 shall, before he enters on the duties of his
office, enter into bond, payable to the city or town of which he is an
officer, with good and sufficient securities, in any sum not less than
one thousand dollars, the amount to be fixed and the bond to be approved
by the board of trustees. The bond shall be conditioned that he will
faithfully perform the duties of his office according to law. (RSMo 1939
§ 7306)
Prior revisions: 1929 § 7155; 1919 § 8604; 1909 § 9492
The marshal appointed by the trustees of the inhabitants of such
towns, giving bond and ample security for the performance of his duties,
is hereby authorized to execute orders and process, arising under the
ordinances of said town, and who, within the corporate limits of said
town, shall have concurrent power with the constable of the district, if
any, and the sheriff of the county in which said town is situated to
execute all orders, notices, writs and other process and duties that may
be executed by such constable or sheriff, with like effect, and shall
receive the same fees therefor. (RSMo 1939 § 7253, A. 1949 H.B. 2030)
Prior revisions: 1929 § 7102; 1919 § 8551; 1909 § 9439
The town marshal shall be chief of police, and shall at all times
have power to make or order all arrests, with proper process, for any
offenses against the laws of the state, or of the town, by day or by
night, and bring the offender to trial before the proper court, and he
shall have power to arrest without process in all cases where any such
offense shall be committed, or attempted to be committed, in his
presence. (RSMo 1939 § 7278)
Prior revisions: 1929 § 7127; 1919 § 8576; 1909 § 9464
The policemen of the town, in the discharge of their duties,
shall be subject to the orders of the marshal only as chief of police;
but any marshal, assistant marshal or policeman may be instantly removed
from his office by the board of trustees at a regular or called meeting,
for any wanton neglect of duty. (RSMo 1939 § 7279)
Prior revisions: 1929 § 7128; 1919 § 8577; 1909 § 9465
All general and special taxes levied by the board of trustees of
any town upon property therein, in conformity to the laws of the state
and the ordinances of such town, shall constitute a lien upon the
property upon which they are levied, until paid. (RSMo 1939 § 7258)
Prior revisions: 1929 § 7107; 1919 § 8556; 1909 § 9444
If any real estate be sold by virtue of any ordinance of such
town, the owner thereof may redeem the same at any time within two years
from the day of sale, by paying the purchase money and all costs and
penalties incurred, together with the interest thereon, at the rate of
fifteen percent per annum until paid. (RSMo 1939 § 7280)
Prior revisions: 1929 § 7129; 1919 § 8578; 1909 § 9466
The board of trustees shall provide by ordinance for compensating
the county clerk for certifying and transmitting an abstract of the
property within such town, made taxable by law for state purposes, as
required by this chapter. (RSMo 1939 § 7262)
Prior revisions: 1929 § 7111; 1919 § 8560; 1909 § 9448
1. The chairman of the board of trustees of all towns and
villages in this state shall procure from the clerk of the county
commission in which such town is located, and it shall be the duty of
said clerk to deliver to the chairman of the board of trustees within
twenty days after the date of the final adjournment of the board of
equalization a certified abstract from his assessment books, as corrected
by the board of equalization, on all property within such town subject to
its taxing power and the assessed value thereof as corrected by the board
of equalization, which abstract shall be immediately transmitted to the
board of trustees, and it shall be the duty of such board of trustees to
establish by ordinance the annual rates of tax levy for the year for
municipal purposes upon all subjects and objects of taxation within such
town, which tax shall not exceed the maximum rate for general municipal
purposes of fifty cents on the one hundred dollars assessed valuation;
provided, however, that the rate of taxation for general municipal
purposes herein limited may be increased for such purposes for a period
not to exceed four years at any one time when such rate and purpose of
increase are submitted to a vote of the voters within such towns and
two-thirds of the voters voting thereon shall vote therefor, but such
increase so voted shall be limited to a maximum rate of taxation not to
exceed thirty cents on the one hundred dollars assessed valuation. The
board of trustees of any such towns may submit a question for increase of
levy when in the opinion of such board of trustees the necessity therefor
arises, and such question shall be submitted by such board of trustees
when petitioned therefor by voters equaling in number five percent or
more of the voters of such towns or villages voting for mayor or member
of board of trustees at the last election at which a mayor or member of
board of trustees was elected.
2. The question shall be submitted in substantially the following form:
Shall there be a .... cent increase in levy on one hundred dollars
assessed valuation for general municipal purposes for .... years?
3. If such increase in levy shall be voted, then such increased levy
shall be effective for the number of years designated, and no longer, but
such towns through their boards of trustees may submit any such proposal
for continuing such increase of levy at any time for like periods not to
exceed four years each. (RSMo 1939 § 7259, A.L. 1945 p. 1278, A.L. 1978
H.B. 971)
Prior revisions: 1929 § 7108; 1919 § 8557; 1909 § 9445
In addition to the levy for general municipal purposes, all towns
and villages in this state may levy annually not to exceed the following
rates of taxation on all property subject to its taxing powers for the
following special purposes: For library purposes in the manner and at the
rate authorized under the provisions of sections 182.140 to 182.280,
RSMo; for hospital, public health and museum purposes, twenty cents on
the one hundred dollars assessed valuation; and for recreation grounds in
the manner and at the rate authorized under the provisions of sections
90.500 to 90.570, RSMo. (L. 1945 p. 1278 § 7259a, A.L. 1957 p. 240)
All assessments on real and personal property within the limits
of such town, which may be certified and transmitted to the board of
trustees, from time to time, as provided in section 80.460, shall be
taken and considered as the lawful and proper assessment on which to levy
and collect the municipal taxes of the town, and the payment of all taxes
authorized by this chapter shall be enforced by the collector in the same
manner and under the same rules and regulations as may be provided by law
for collecting and enforcing the payment of state and county taxes, and
for that purpose it shall be the duty of the board of trustees to require
the collector, annually, to make out and return, under oath, a list of
delinquent taxes remaining due and uncollected on the first day of
January of each year, to be known as the delinquent list. It shall be the
duty of the board of trustees, at the next meeting after such delinquent
list shall be returned, or as soon thereafter as convenient, carefully to
examine the same, and if it shall appear that all property and taxes
contained in said list are properly returned as delinquent, they shall
approve such list and cause an order of approval to be entered on the
journal, and the amount of taxes in such list to be credited on the
account of the collector; and shall also cause said delinquent list or a
certified copy thereof, with the bills therefor, to be placed in the
hands of the county collector, who shall give a receipt therefor and
proceed to collect the taxes due thereon, in like manner and with the
same effect as delinquent taxes for state and county purposes are
collected. The said collector shall pay over the taxes collected to the
city treasurer, at the times and in the manner provided by law for the
payment of county taxes to the county treasurer, and shall make the same
statements and settlements for such taxes with the board of trustees, and
at the same time as may be provided by law for statements and settlements
with the county commission for county taxes, and all taxes shall bear the
same rate of interest, and the same penalties shall attach to the
nonpayment thereof when due, as may be provided by law in cases of county
taxes. A certified copy of any tax bill included in the delinquent list,
approved by the board of trustees, shall in all cases be prima facie
evidence that the amount therein specified is legally due by the party
against whom such tax bill is made out, and that all provisions of the
law and ordinances have been duly complied with, and that the same is a
lien on the property therein described. (RSMo 1939 § 7260)
Prior revisions: 1929 § 7109; 1919 § 8558; 1909 § 9446
The board of trustees shall also, from time to time, provide, by
ordinance, for the levy and collection of all other taxes and licenses,
including wharfage and other dues, and to fix the penalties for neglect
or refusal to pay same, which now or hereafter may be authorized by law
or ordinance. (RSMo 1939 § 7261, A.L. 1978 H.B. 971)
Prior revisions: 1929 § 7110; 1919 § 8559; 1909 § 9447
If the trustees fail to call the municipal election, a majority
of the trustees then in office, or any associate circuit judge of the
county in which said town or village is situated, may call the election.
(RSMo 1939 § 7294, A. 1949 H.B. 2030, A.L. 1978 H.B. 971 merged with H.B.
1634)
Prior revisions: 1929 § 7143; 1919 § 8592; 1909 § 9480
Effective 8-13-78 (H.B. 971) 1-2-79 (H.B. 1634)
1. The county governing body of each county shall have power to
disincorporate any town or village which they may have incorporated as
provided in this section.
2. The county governing body shall order an election upon the question of
disincorporation of a town or village upon petition of one-half of the
voters of the town or village.
3. The county governing body shall give notice of the election by
publication in a newspaper of general circulation published in the town
or village or, if there is no such newspaper in the town or village, then
in the newspaper in the county published nearest the town or village. 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 eight weeks successively.
4. The question shall be submitted in substantially the following form as
the case may be:
Shall the town of ............... be dissolved?; or
Shall the village 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 town or
village.
6. Any county governing body may, in its discretion, on the application
of any person or persons owning a tract of land containing five acres or
more in a town or village, used only for agricultural purposes, to
diminish the limits of such town or village by excluding any such tract
of land from said corporate limits; provided, that such application shall
be accompanied by a petition asking such change and signed by a majority
of the voters in such town or village. And thereafter such tract of land
so excluded shall not be deemed or held to be any part of such town or
village. (RSMo 1939 § 7295, A.L. 1978 H.B. 971, A.L. 1987 H.B. 160)
Prior revisions: 1929 § 7144; 1919 § 8593; 1909 § 9481
(1973) An incorporated city retains its status as a municipal corporation
despite long-standing failure to elect officers or exercise governmental
functions. The continuance of a municipality does not depend upon the
existence of officers and the doctrine of forfeiture of the right to be a
corporation for nonuse of its powers does not apply to municipal
corporations, and such municipality has perpetual existence unless
disincorporated by statutory procedure. County of Platte v. James (Mo.),
489 S.W.2d 216.
The county governing body of each county shall have the power to
disincorporate any town or village which they may have incorporated, upon
petition of three-fourths of the voters of such town or village, without
an election in such town or village, provided that the petition requests
disincorporation without an election, and provided that the population of
such town or village is less than one hundred. (L. 1987 H.B. 160 § 2)
If the trustees appointed by the county commission under section
80.040 shall fail to qualify and assume the duties of such trustees,
within one year after their appointment, or if the voters of such village
shall fail for one year to elect such trustees, then such village shall
be disincorporated by the county commission of the county where the
village is located, upon the petition of any citizen residing in such
village, after the publication of notice of the presentation of such
petition published for two weeks successively prior to such application
in some newspaper in this state nearest the village. (RSMo 1939 § 7296,
A.L. 1978 H.B. 971)
Prior revisions: 1929 § 7145; 1919 § 8594; 1909 § 9482
No dissolution of any corporation under this chapter shall
invalidate or affect any right, forfeiture or penalty accruing to such
corporation, or invalidate or affect any contract entered into or imposed
upon such corporation. (RSMo 1939 § 7298)
Prior revisions: 1929 § 7147; 1919 § 8596; 1909 § 9484
Whenever the county commission shall dissolve any corporation,
they shall appoint some competent person to act as trustee for the
corporation so dissolved. (RSMo 1939 § 7299)
Prior revisions: 1929 § 7148; 1919 § 8597; 1909 § 9485
The trustee, before entering upon the discharge of his duties,
shall take and subscribe an oath before some judge or associate circuit
judge that he will faithfully discharge the duties of his office; and
shall, moreover, give bond, with sufficient security, to be approved of
by the court, to the use of such disincorporated town or village,
conditioned for the faithful discharge of the duties of his office. (RSMo
1939 § 7300, A.L. 1987 H.B. 160)
Prior revisions: 1929 § 7149; 1919 § 8598; 1909 § 9486
The trustee shall, as soon as possible, prosecute or defend to
final judgment all suits instituted by or against the corporation;
collect all money 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 do all
acts requisite to bring to a speedy close all the affairs of the
corporation. (RSMo 1939 § 7301)
Prior revisions: 1929 § 7150; 1919 § 8599; 1909 § 9487
The trustee shall make a report of his proceedings to the county
commission at each term thereof. (RSMo 1939 § 7302)
Prior revisions: 1929 § 7151; 1919 § 8600; 1909 § 9488
When the trustee shall have closed the affairs of the
corporation, he shall pay over to the county commission all moneys
remaining in his hands, and deliver to the clerk of such commission all
books, papers, records and deeds belonging to the dissolved corporation.
(RSMo 1939 § 7303)
Prior revisions: 1929 § 7152; 1919 § 8601; 1909 § 9489
The trustee shall receive for his services such compensation as
the commission shall think reasonable. (RSMo 1939 § 7304)
Prior revisions: 1929 § 7153; 1919 § 8602; 1909 § 9490
If any town or village, disincorporated as aforesaid, have an
annual revenue accruing thereto, the same shall be paid to the county
governing body by the person owing the same; and all moneys thus paid, as
well as all moneys paid them by the trustee, shall be held and disposed
of by the governing body for the benefit of such town or village, and may
be applied by the governing body to any specific object, upon the
petition of a majority of the taxable inhabitants of such town or
village. (RSMo 1939 § 7305, A.L. 1987 H.B. 160)
Prior revisions: 1929 § 7154; 1919 § 8603; 1909 § 9491
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