Missouri Statute | Act | Code |Cities, Towns And Villages| US Code - US Statute | Chapter 81 Special Charter Cities And Towns

All cities and towns of this state operating under charters
granted directly and specially by the general assembly prior to the
adoption of the constitution of 1875 are hereby defined and declared to
be cities and towns under special charter, and all laws now existing or
which may hereafter be enacted relating or making reference to cities or
towns under special charter or special charter cities or towns shall be
deemed to and shall apply and be valid in relation only to cities and
towns of this state defined and declared in this section to be cities and
towns under special charter. (L. 1945 p. 1289 § 6215b)

If the charter of a city or town under special charter provides
for amendment of the charter only by act of the general assembly of the
state of Missouri or does not provide for amendment of the charter, the
charter may be amended if a proposition to amend the charter is submitted
to a vote of the qualified electors of the city or town and a majority of
the qualified voters voting on the proposition vote in favor thereof. A
proposition to amend the charter may be submitted to the qualified voters
of the city or town at the next municipal election, or at a special
election called for the purpose, by an ordinance adopted by the chief
legislative body of the city or town; and a proposition to amend the
charter shall be so submitted if a petition so to do signed by ten
percent of the qualified voters of the city or town, as determined by the
total number of votes cast in the city or town for governor at the last
preceding gubernatorial election, is presented to the body or official in
charge of municipal elections of the city or town. (L. 1983 H.B. 76)

CROSS REFERENCE: Amendment to city charter, Const. Art. VI § 20

Any town or city within this state, now incorporated under and by
virtue of any special or local law, and in which the citizens thereof
desire incorporation as a city of any special class under the general
laws of this state, and believe that since the taking of the last census,
state or national, there has been sufficient increase in population to
entitle it to be incorporated as a city of a higher class than they would
be entitled to under said last census, may, by authority of an ordinance,
and at the expense of such town or city, cause to be taken a census of
its population; and should such census, when so taken, show that the town
or city taking the same has the requisite population to entitle it to
become a city of the class desired, then such town or city may proceed to
secure such incorporation as its population may entitle it to under and
by authority of the provisions of chapter 72, RSMo. (RSMo 1939 § 7435)

Prior revisions: 1929 § 7282; 1919 § 8698; 1909 § 9576

1. Any such city may at any time, by ordinance and at the expense
of the city, cause an enumeration of its inhabitants to be made, and its
population ascertained, and such census, when so taken, shall have like
force and effect as a state or national census to authorize such city to
proceed in securing such other incorporation as its population may
entitle it to under the laws and constitution of this state, and for any
other purpose that the laws may require, or have any other act or thing
to be done making the population a basis thereof; and should the board of
aldermen, councilmen or trustees fail or refuse to pass an ordinance for
the taking of the census, when requested in writing to do so, then a
petition may be presented to the board of aldermen, councilmen or
trustees, signed by not less than twenty-five resident citizens of such
city or town, asking the board to pass an ordinance providing for the
taking of the census of such city, and the board shall then pass an
ordinance providing for the taking of the census; and should the board of
aldermen, councilmen or trustees fail or refuse to pass an ordinance
providing for the taking of the census within thirty days from the date
of filing said petition with the city clerk, then the mayor shall, by
proclamation, order the city marshal to take the census of such city, and
when taken by the city marshal, under the proclamation of the mayor, it
shall have the same force and effect in law as if taken under an
ordinance passed by the board of aldermen, city council or board of
trustees.

2. Any person taking such census shall make return thereof, under oath,
and file the same with the city clerk, and after said census is returned
in either of the above modes, all courts of this state shall take
judicial notice of the population of such city or town; provided,
however, that the census shall not be taken in any city or town oftener
than once every two years, unless the board of aldermen, councilmen or
board of trustees shall be of the opinion that the public good demands
and requires a new census, when they may provide for it.

3. Any person failing or refusing to comply with this section, or any
person who shall make a false return, shall be deemed guilty of a
misdemeanor, and shall be punished by fine not less than ten dollars or
more than one hundred dollars, and may be ousted from office.

4. This section shall apply to cities of the fourth class, and towns and
villages, and cities and towns under special charters. (RSMo 1939 § 7522)

Prior revisions: 1929 § 7369; 1919 § 8783; 1909 § 9639

The council of any such city or town mentioned in section 88.804,
RSMo, may provide by ordinance for the appointment by the council of a
street and sidewalk commissioner, which may be made by ordinance a
separate office, and he shall give bond as such for the faithful
discharge of such duties as the council may by ordinance or entry of
record prescribe, and fix his compensation. (RSMo 1939 § 7449)

Prior revisions: 1929 § 7296; 1919 § 8711; 1909 § 9589

At the next municipal election in all cities and towns under
special charters having one thousand inhabitants and less than three
thousand inhabitants, and every two years thereafter, there shall be
elected the officers as specified in said charters to be elected, each of
whom shall hold his office until his successor is elected and qualified;
except that any such city may provide by ordinance that two councilmen
shall be elected each year for a term of two years. At the first election
held after the passage of any such ordinance the two councilmen receiving
the highest number of votes shall hold office for two years each and the
two receiving the next highest number of votes shall hold office for one
year each; and thereafter two councilmen shall be elected each year for
terms of two years each. (RSMo 1939 § 7448, A.L. 1959 H.B. 53, A.L. 1978
H.B. 971)

Prior revisions: 1929 § 7295; 1919 § 8710; 1909 § 9588

No action shall be maintained against any city or town organized
and existing under special charter in this state, which city shall
contain more than five hundred and less than three thousand inhabitants,
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 or town until notice shall first have been given in writing to the
mayor of said city or town, 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
or town. (RSMo 1939 § 7524)

1. At the next municipal election in all cities and towns under
special charters and having three thousand inhabitants and not more than
ten thousand inhabitants, except as allowed in subsection 2 of this
section, and at each municipal election thereafter, there shall be
elected a mayor, a councilman at large, one councilman from each ward, a
constable, an attorney, a treasurer, who shall be, by virtue of the
treasurer's office, collector of the revenue of such city, an auditor,
and a clerk, who shall hold their respective offices for two years, and
until their successors are elected and qualified. And the city council
shall provide by ordinance for the election for the election or
appointment of the following officer, to wit: An assessor; except that
the governing bodies of cities in counties of the first class under a
charter form of government which have attained a population of more than
three thousand and less than ten thousand inhabitants subsequent to the
granting of its special charter, may by ordinance provide that the terms
of its original special charter relating to municipal officers, their
election and terms shall continue in force notwithstanding the provisions
of this section.

2. At the next municipal election in all cities and towns under special
charters with at least three thousand inhabitants and not more than ten
thousand inhabitants and located in a county of the first or second
classification that adjoins a county of the first classification with a
charter form of government, the city council may place the question of
whether the city council shall be allowed to appoint municipal offices,
other than a mayor, a councilman at large and one councilman from each
ward. The city council shall provide by ordinance the ballot language to
be submitted to the voters. Upon approval by a majority of the qualified
voters in such city or town voting on the question, the city council
shall be allowed to appoint the specified offices. (RSMo 1939 § 7447,
A.L. 1953 p. 297, A.L. 1978 H.B. 971, A.L. 1997 H.B. 711)

Prior revisions: 1929 § 7294; 1919 § 8709; 1909 § 9587

At the next municipal election in all cities and towns under
special charter, located in counties of the first class under a charter
form of government, which have attained a population of three thousand
inhabitants and not more than ten thousand inhabitants subsequent to the
granting of their special charter, and at each municipal election
thereafter, there shall be elected a mayor, a police judge and two
councilmen from each ward, each of whom shall hold his respective office*
for four years and until his successor is elected and qualified; provided
that at the next municipal election there shall be elected one councilman
from each ward, who shall serve for a term of four years, and the year
next following such an election, at the time of holding the general
election for municipal officers, there shall be elected one councilman
from each ward, who shall serve for a term of one year, after which
election there shall be elected at each succeeding municipal election one
councilman from each ward, who shall serve for a period of four years.
(L. 1959 H.B. 324 § 1, A.L. 1978 H.B. 971 merged with H.B. 1634)

Effective 8-13-78 (H.B. 971) 1-2-79 (H.B. 1634)

*Word "office" erroneously omitted from original rolls.

1. Any city or town of less than twenty thousand inhabitants and
having a special charter, after the taking effect of such charter, may at
any time extend its limits by ordinance, specifying with accuracy the new
line to which it is proposed to extend such limits. All courts of this
state shall take judicial notice of the limits of such city when thus
extended.

2. Provided, that should such city by such extension of its territorial
limits include any portion of any incorporated city, town or village,
such extension shall be made to include the whole territory of such
incorporated city, town or village, and upon such extension being made,
the corporate existence of such incorporated city, town or village so
included in such extension shall, ipso facto, cease, and all property and
rights of every kind and nature belonging to and vested in such
incorporated city, town or village shall, by operation of law, at once
pass to and vest in the city making such extension of its limits, and it
shall be the duty of all officers and employees of such incorporated
city, town or village having custody or control thereof to surrender and
deliver the same to such city so extending its limits; and such city
shall also, by operation of law, become liable to pay all debts and
liabilities of such incorporated city, town or village; provided further,
that before such city shall extend its limits so as to include an
incorporated city, town or village, four-sevenths of the qualified voters
of the incorporated city, town or village, voting at such election so
desired to be included within the limits of such city, shall vote in
favor of such proposition at an election, to be determined in the
following manner, to wit: Whenever such city shall desire to include
within its limits any incorporated city, town or village, the mayor of
such city shall inform the mayor or other chief officer of the
incorporated city, town or village proposed to be so taken in of its
intention to include said city, town or village within the limits; the
mayor thereof shall order the question to be submitted to determine the
wish of said city, town or village. If four-sevenths of the voters voting
on the question shall vote in favor of the proposed extension, the mayor
shall certify the result to the mayor of such city, and such city may
proceed to extend its limits as provided in this section. (RSMo 1939 §
7514, A.L. 1953 p. 298, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7361; 1919 § 8775

CROSS REFERENCES: Extension of limits to include other incorporated city,
RSMo 82.090 to 82.170 Procedure for annexation of area to which objection
is made, RSMo 71.015

Every city and town in this state having a special charter and
containing ten thousand inhabitants or less shall have and is hereby
granted power, authority and right to provide, by ordinance, for the
erection, establishment and maintenance of a city jail. (RSMo 1939 § 7467)

Prior revisions: 1929 § 7314; 1919 § 8729; 1909 § 9608

Every such city or town shall have the same right, power and
authority, by and through its properly constituted officers and courts,
to commit prisoners to such city jail, and to confine therein persons
apprehended for offenses against the laws of such city or town, as it had
with reference to the jail specified in its special charter. (RSMo 1939 §
7468)

Prior revisions: 1929 § 7315; 1919 § 8730; 1909 § 9609

If such jail cannot be erected and paid for out of the general
revenue and income provided for such city or town, then every such city
or town shall have power and authority to issue its bonds, to an amount
not exceeding the limit authorized by the constitution of the state, for
the purpose of purchasing a site and erecting thereon a city jail for the
use of such city or town. (RSMo 1939 § 7469)

Prior revisions: 1929 § 7316; 1919 § 8741; 1909 § 9610

Every city or town in this state having a special charter and now
or hereafter containing ten thousand inhabitants or less, shall have and
is hereby granted power, authority and right to issue its bonds, to an
amount not exceeding the limit authorized by the constitution of the
state, for the purpose of constructing and maintaining levees and
acquiring the right-of-way therefor within the limits of such city or
town. (L. 1949 p. 383 § 7452A)

In all cases where farming lands, or lands not laid out in town
or city lots, or used for town or city purposes, are included within the
corporate limits of any town, city or municipality of this state now
containing, or which may hereafter contain, twenty thousand inhabitants
or less, existing or operating under a special charter, and where ten of
the taxable inhabitants of said town, city or municipality shall petition
the council of said town, city or municipality to become disincorporated
or detached from the said municipal corporation, it shall be the duty of
said council, by ordinance, to submit the question to the voters of the
city, town or municipality; and if at said election a majority of the
voters voting at said election, vote in favor of disincorporating or
detaching said lands, then the council of said town, city or municipality
shall declare the said land disincorporated or detached from the said
municipality, and the same shall not thereafter be included in or be a
part thereof; provided, however, that in all cases where the said town,
city or municipality has any outstanding debts, liabilities or
obligations, said lands shall not be disincorporated or detached until
the owner or owners thereof shall have paid into the town, city or
municipal treasury their just and proper proportion of such debts,
liabilities or obligations. (RSMo 1939 § 7441, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7288; 1919 § 8703; 1909 § 9581

At municipal elections in all cities and towns under special
charters which have not less than ten thousand inhabitants nor more than
thirty thousand inhabitants there shall be elected a mayor, a police
judge or recorder, an attorney, a marshal or chief of police, and such
other officers as the charter and ordinances of such city or town may
provide, who shall hold their respective offices for a term of two years,
provided, however, any such city may provide by ordinance that marshal,
chief of police and attorney may be appointed by the mayor, subject to
the approval of the city council, and such ordinance may further provide
that all or any of such officers when so appointed and any of the other
appointive officers of any such city, except the members of the board of
public works, shall hold office for an indefinite term and during the
pleasure of the mayor and city council of such cities. (RSMo 1939 § 7470,
A.L. 1953 p. 297, A.L. 1978 H.B. 971 merged with H.B. 1634)

Prior revisions: 1929 § 7317; 1919 § 8732; 1909 § 9611

Effective 8-13-78 (H.B. 971) 1-2-79 (H.B. 1634)

In all cities and towns under special charter which have not less
than ten thousand inhabitants and not more than thirty thousand
inhabitants, there shall be elected two aldermen from each ward, who
shall hold office for a term of four years; provided, that at the next
general election for municipal officers to be held in any such city or
town there shall be elected one alderman from each ward, who shall serve
for a term of four years, and in the year next following such election,
at the time of holding the general election for municipal officers in
such city or town, there shall be elected one alderman from each ward,
who shall serve for a term of one year, after which election there shall
be elected, at each succeeding general election for municipal officers in
such city or town, one alderman from each ward, who shall serve for a
term of four years. (RSMo 1939 § 7471)

Prior revisions: 1929 § 7318; 1919 § 8733; 1909 § 9612

All cities within this state having more than ten thousand and
less than thirty thousand inhabitants, and having a special charter, in
their corporate capacity are authorized and empowered to enact ordinances
for the following purposes, in addition to the powers now conferred upon
such cities by law. (RSMo 1939 § 7480)

Prior revisions: 1929 § 7327; 1919 § 8741

Any such city may condemn private property for public use for
such purposes as they are now by law authorized to condemn the same and
as provided by chapter 88, RSMo. (RSMo 1939 § 7481)

Prior revisions: 1929 § 7328; 1919 § 8742

Any such city may procure by purchase, condemnation, gift or
otherwise, within the city or beyond the limits thereof, property for the
use of the city in and for the performance of its functions, and may
manage and regulate the uses thereof and may sell, lease or otherwise
dispose of the same. (RSMo 1939 § 7482)

Prior revisions: 1929 § 7329; 1919 § 8743

Any such city may acquire, by condemnation, purchase, gift, lease
or otherwise, property, real and personal, within such city or beyond the
limits thereof, and establish, construct, maintain, add to, equip,
improve, own, control, regulate and operate libraries, art galleries,
museums, parks, places of recreation, auditoriums, convention halls,
refrigerating plants, fountains, bathing places, watering troughs, public
toilets, markets, market houses, abattoirs, medical dispensaries,
laboratories, infirmaries, hospitals, poorhouses, charitable
institutions, employment agencies, pawnshops, jails, city halls, engine
houses, houses of correction, reform schools, workhouses and work farms,
detention homes, morgues, cemeteries, crematories, garbage collection and
garbage disposal and reduction plants and equipments, street cleaning and
sprinkling plants and equipment, gas plants, telephone systems, telegraph
systems, electric light systems, electric or other heat systems, electric
or other power systems, electric or other railways, ferries and
transportation systems of any kind; waterworks, quarries, wharves, docks,
waterways, canals, streets, avenues, alleys, lanes and all other public
buildings, places, works, equipment and institutions, and all other
public utilities, not herein enumerated and everything required therefor;
and to sell, convey and encumber the same, to sell water, gas, electric
current and all products of any utilities operated by the city; and to
lease to corporations or to individuals when authorized by a vote of a
two-thirds majority of the voters of the city, voting at any general city
election, for the purpose of maintenance and operation and for a term not
exceeding ten years, any public utility owned by the city, but no sale of
any utility shall be made, unless the same shall be authorized by a
two-thirds vote of the voters of said city at a general city election
thereof. (RSMo 1939 § 7483)

Prior revisions: 1929 § 7330; 1919 § 8744

(1993) Where city's charter claimed any powers which general assembly had
authority to confer, including power of eminent domain within or without
its corporate boundaries, city had authority to condemn land outside its
territorial municipal boundaries. City of Cape Girardeau v. Jett, 851
S.W.2d 114 (Mo. App. E.D.)

In all cities and towns under special charter, located in
counties of the first class under a charter form of government, which
have attained a population of more than thirty thousand inhabitants but
less than two hundred fifty thousand inhabitants subsequent to the
granting of their special charter, and every four years thereafter, there
shall be elected a mayor, police judge and two councilmen from each ward,
who shall hold their respective offices for a term of four years and
until their successors are elected and qualified. (L. 1961 p. 202, A.L.
1978 H.B. 971 and 1634)

Effective 8-13-78 (H.B. 971) 1-2-79 (H.B. 1634)

Any city now containing, or which may hereafter contain, more
than twenty thousand and less than two hundred and fifty thousand
inhabitants, organized under special or local laws, may extend its limits
by an ordinance specifying with accuracy the new line or lines to which
it is proposed to extend such limits. All courts of this state shall take
judicial notice of the limits of said city when thus extended, and of all
the steps in the proceedings leading thereto. (RSMo 1939 § 7513)

Prior revisions: 1929 § 7360; 1919 § 8774; 1909 § 9631

Whenever the corporate limits of any city now coming or which may
hereafter come under the operation of section 81.200 of this chapter
shall hereafter be altered or extended, and whenever the population of
any such city, or of any ward or wards thereof, has been or may be so
increased or diminished as to render, in the opinion of the common
council, a division or redistricting of the corporation into wards, or a
change in the boundary of any ward or wards necessary, the same may be
done by ordinance at some regular meeting of the common council. (RSMo
1939 § 7515)

Prior revisions: 1929 § 7362; 1919 § 8776; 1909 § 9632

Upon any ordinance for such purpose being introduced into the
common council, the latter shall, before the passage thereof, by
resolution, require the city clerk to publish a copy of the ordinance in
at least one daily newspaper published in the city, to be designated in
the resolution, for at least three weeks within the four weeks next after
the passage of said resolution. After such publication, proof thereof
shall be made and filed with the city clerk, and, if the common council
shall be satisfied that such publication has been made, it shall, by
vote, so find, and the city clerk shall make a record of such finding in
the book for record of the current proceedings of the common council,
which record shall be conclusive evidence of the truth of the facts so
found. If such ordinance be passed by the common council at the first or
second regular meeting after such publication and finding, and not later,
and duly approved by the mayor, the same shall thereafter be in force
until repealed or altered. Any such ordinance shall be subject to
amendment before such publication, but not after. (RSMo 1939 § 7516)

Prior revisions: 1929 § 7363; 1919 § 8777; 1909 § 9633

When territory is annexed to any city pursuant to section 81.200,
the common council shall, by ordinance, organize the same into a new ward
or wards, or attach the same to some existing ward or wards long enough
before the next ensuing municipal election to enable voters in such
annexed territory to register, and all other proper steps to be taken
according to law, so that the voters of such annexed territory may have
full opportunity to register and vote at such election. Actual residents
of any territory at the time of annexation thereof to any city as
provided in section 81.200 shall, if otherwise qualified, be voters of
the city, and be eligible to any office therein at the next municipal
election following such annexation. In case of redistricting or division
of the city into wards, creation of any new ward or wards, or change of
boundary in any ward or wards, every voter residing in any ward at any
municipal election next thereafter, duly registered, shall be a voter of
such ward, and nothing in this chapter contained shall be so construed as
to prevent any voter from voting or being eligible to any office by
reason merely of such redistricting or division or creation of any new
ward or wards, or change in the boundary of any ward or wards. (RSMo 1939
§ 7517, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7364; 1919 § 8778; 1909 § 9634

Territory shall not be annexed to any such city within four
months next preceding any municipal election, nor shall there be a
redistricting or division of the city into wards, or change of boundaries
of any ward or wards, or creation of any new ward or wards, within two
months next preceding any municipal election. (RSMo 1939 § 7518, A.L.
1978 H.B. 971)

Prior revisions: 1929 § 7365; 1919 § 8779; 1909 § 9635

All wards which may hereafter be established shall be composed of
adjacent and compact territory, and the several wards at the time of
redistricting shall contain as nearly an equal number of inhabitants as
may be practicable. The wards shall be numbered consecutively from one up
to the highest number thus established. (RSMo 1939 § 7519)

Prior revisions: 1929 § 7366; 1919 § 8780; 1909 § 9636

Whenever any change in the number of wards or alteration in the
boundaries of any ward shall be made, or new wards shall be established,
there shall be no election of aldermen for such wards until the general
election for corporation officers. (RSMo 1939 § 7520)

Prior revisions: 1929 § 7367; 1919 § 8781; 1909 § 9637

Nothing in sections 81.200 to 81.260 contained shall be construed
to limit or abridge the term of office which any alderman shall be
elected to fill, but every alderman shall be deemed and taken to be for
the residue of the term for which he may have been elected an alderman of
that ward in which his actual residence and place of abode may be at the
time of any division of the city into wards, creation of any new ward or
wards, or change in the boundaries of any ward or wards. (RSMo 1939 §
7521)

Prior revisions: 1929 § 7368; 1919 § 8782; 1909 § 9638

1. At municipal elections in all cities and towns under special
legislative charters, located in a county containing a city, or a part of
a city, of over four hundred thousand population, which have attained a
population of seven thousand five hundred inhabitants, and not more than
one hundred thousand there shall be elected one alderman from each ward
for a four-year term; at municipal elections there shall be elected a
mayor for a four-year term; and there shall be elected an attorney, a
treasurer, who shall be, by virtue of his office, collector of revenue of
the city, an auditor, a municipal judge, and a clerk, each of whom shall
hold his respective office for a term of two years, and their successors
shall be elected accordingly, except that any such city may provide by
ordinance that the attorney, treasurer, municipal judge, and clerk be
appointed by the mayor, subject to the approval of the city council, and
the ordinance may further provide that all or any of such officers when
so appointed and any of the appointive officers of any such city, except
the members of any board created by statute, shall hold office for an
indefinite term and at the pleasure of the mayor and city council. In
addition to the above officers the city council shall provide by
ordinance for the appointment of an assessor and a chief of police, whose
duties shall be prescribed by ordinance.

2. The city council may by ordinance combine the offices of clerk and
treasurer. When so combined, this office may be filled by election at
municipal elections or may be made appointive by ordinance under the same
provisions applying to the offices separately.

3. The provisions of this section shall apply only after a majority of
the voters voting thereon at a municipal election approve the
effectiveness of this section for such city or town. The question shall
be placed upon the ballot by a petition signed by a number of voters of
the city or town equal to five percent of the total number of votes cast
for mayor at the last election, or by a resolution of the board of
aldermen of the city or town. (L. 1965 p. 194 § 1, A.L. 1978 H.B. 971
merged with H.B. 1634)

Effective 8-13-78 (H.B. 971) 1-2-79 (H.B. 1634)

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