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Home > Statutes > Usa Missouri
USA Statutes : missouri
Title : CITIES, TOWNS AND VILLAGES
Chapter : Chapter 95 Financial Administration and Indebtedness
Any city, incorporated town or village of the state, whether
organized under the general laws of this state or by special charter or
by constitutional charter, by vote of the constitutionally required
percentage of the electors thereof voting thereon, may become indebted in
an amount exceeding in any year the income and revenue provided for such
year plus any unencumbered balances from previous years for any purpose
authorized in the charter of such city, incorporated town or village, or
by any general law of this state. Such indebtedness shall not exceed five
percent of the value of taxable tangible property therein as shown by the
last completed assessment for state and county purposes. (RSMo 1939 §
7368, A.L. 1945 p. 1299, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

Prior revisions: 1929 § 7217; 1919 § 8656; 1909 § 9544



Any city, whether organized under the general laws of this state
or by special charter or by constitutional charter, by vote of the
constitutionally required percentage of the qualified electors thereof
voting thereon, may incur an additional indebtedness for city purposes
authorized in the charter of such city or by any general law of this
state, not to exceed five percent of the taxable tangible property
therein as shown by the last completed assessment for state and county
purposes. (L. 1945 p. 1299 § 7368a, A.L. 1990 H.B. 1621)



1. Any city, whether organized under the general laws of this
state or by special or constitutional charter, may become indebted and
issue bonds in evidence thereof in the manner and to the extent provided
in sections 95.115 to 95.170, inclusive, for the purpose of establishing
a revolving improvement fund to be used for the purchase of tax bills
issued by the city, in payment for public improvements under any law of
this state. Such purpose is found and declared to be a city purpose
within the meaning of sections 95.115 and 95.120 and article X, section
1, and article VI, section 26, of the Constitution of the State of
Missouri.

2. Any city desiring to establish a revolving improvement fund under this
section shall proceed in the manner provided in sections 95.135 to
95.160, inclusive, and the provisions of sections 95.115, 95.120 and
95.135 to 95.170, inclusive, apply to all cities proceeding under this
section.

3. The principal proceeds of the sale of any bonds issued under this
section shall be deposited by the issuing municipality in a separate fund
to be known as the "Revolving Improvement Fund". The issuing municipality
may thereafter purchase out of the fund any special tax bills issued by
it in payment for public improvements under any law of this state, and
may use the fund for no other purpose. The accrued interest and any
premium received upon delivery of any such bonds shall be deposited in
the interest and sinking fund from which the bonds and the interest
thereon are payable.

4. All sums received in payment of principal on the special tax bills so
purchased shall be paid into the revolving improvement fund, and shall be
reused as provided in subsection 3. So long as any bonds issued under the
provisions of this section remain outstanding, all sums received in
payment of interest on any special tax bills purchased with the proceeds
of the sale of such bonds shall be transferred and credited to the
interest and sinking fund from which the bonds and the interest thereon
are payable. When all bonds issued hereunder have been fully paid, all
interest received on special tax bills purchased from the revolving
improvement fund shall be transferred to the revolving improvement fund.

5. When the city purchases any tax bill from a contractor and if said
bill is not paid in accordance with the terms thereof the city attorney
or city counselor shall forthwith institute suit on said tax bill as is
by law provided. (L. 1959 H.B. 354 §§ 1 to 5)



Any city, whether organized under the general laws of this state
or by special charter or by constitutional charter, by a vote of the
constitutionally required percentage of the voters thereof voting
thereon, may become indebted, not exceeding in the aggregate an
additional ten percent of the value of the taxable tangible property
therein as shown by the last completed assessment for state and county
purposes, for the purpose of acquiring rights-of-way, constructing,
extending and improving the streets and avenues and acquiring
rights-of-way, constructing, extending and improving sanitary or storm
sewer systems. The governing body of such city may provide that any
portion or all of the cost of any such improvement be levied and assessed
by such governing body on property benefited by such improvement, and,
when so provided, such city shall collect any special assessments so
levied and shall use the same to reimburse the city for the amount paid
or to be paid by it on the bonds of the city issued for such improvement.
(L. 1945 p. 1299 § 7368b, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)



Any city, whether organized under the general laws of this state
or by special charter or by constitutional charter, by vote of the
constitutionally required percentage of the voters thereof voting
thereon, may incur an indebtedness in an amount not to exceed an
additional ten percent of the value of the taxable tangible property
therein as shown by the last completed assessment for state and county
purposes for the purpose of paying all or any part of the cost of
purchasing or constructing waterworks, electric or other light plants to
be owned exclusively by the city. The total general obligation
indebtedness of such city shall not exceed twenty percent of the assessed
valuation of such city as shown by the last completed assessment for
state and county purposes. (L. 1945 p. 1299 § 7368c, A.L. 1978 H.B. 971,
A.L. 1990 H.B. 1621)



Before incurring any indebtedness under the provisions of
sections 95.115 to 95.130, every city, incorporated town or village,
whether organized under the general laws of this state or by special
charter or by constitutional charter, shall provide for the collection of
an annual tax on all taxable tangible property therein sufficient to pay
the interest and principal of the indebtedness as they fall due, and to
retire the same within twenty years from the date contracted. (L. 1945 p.
1299 § 7368d)

CROSS REFERENCE: Proceeds and sinking funds of bonds--to be kept
separately, RSMo 108.180 to 108.230



For the purpose of testing the sense of the voters of any
incorporated city, town, or village, whether organized under the general
laws of this state or by special charter or by constitutional charter,
upon a proposition to incur debt as authorized in sections 95.115 to
95.135, the council, board of aldermen or trustees, as the case may be,
shall order the question be submitted to the voters. (RSMo 1939 § 7369,
A.L. 1945 p. 1299, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7218; 1919 § 8657; 1909 § 9545



The question shall be submitted in substantially the following
form:

Shall ....... (name of city, town, or village) issue bonds in the amount
of ....... dollars for the purpose of .......? (RSMo 1939 § 7370, A.L.
1953 p. 303, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7219; 1919 § 8658; 1909 § 9546



Upon the result of the submission of the question being certified
to the council, board of aldermen or trustees, as the case may be, if the
proposition to incur or increase such indebtedness be assented to by the
constitutionally required percentage of the voters voting on the
proposition, the council, board of aldermen or trustees, as the case may
be, may, by ordinance or resolution, declare the result of the submission
of the question and cause bonds of such municipality to be issued, not
exceeding the amount authorized, and in denominations of not less than
one hundred dollars, or some multiple thereof, payable in not more than
twenty years from the date they bear, bearing interest from date at a
rate not exceeding the rate per annum authorized by law. All such bonds
shall be signed by the mayor of the city, or chairman of the board of
trustees of the town or village, as the case may be, attested by the
signature of the clerk, and each bond shall have impressed thereon the
corporate seal of the municipality. In the event that the charter under
which a municipality may be operating makes no provision for the office
of mayor, such bonds shall be signed by the presiding officer of the
governing body of such municipality. In the event that the charter under
which a municipality may be operating makes no provision for the office
of clerk, such bonds shall be attested by the officer designated by the
charter as the custodian of the seal of the municipality. (RSMo 1939 §
7371, A.L. 1957 p. 280, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

Prior revisions: 1929 § 7220; 1919 § 8659; 1909 § 9547



The provisions of sections 95.115 to 95.155 shall apply to all
cities, towns and villages in this state, whether organized by special
charter or under the general laws of the state, any provision in any
special charter of any city, town or village in the state to the contrary
notwithstanding. (RSMo 1939 § 7372)

Prior revisions: 1929 § 7221; 1919 § 8660; 1909 § 9548



Whenever the owner of any coupon bond, or of any bond payable to
bearer, already issued or hereafter issued by any municipal corporation
now or hereafter existing in this state, whether organized under special
charter or not, shall present any such bond to the treasurer or other
officer of such corporation, who by law performs the duties of treasurer,
with a request for the conversion of such bond into a registered bond,
such treasurer, or such other officer, shall cut off and cancel the
coupons of any such coupon bond so presented, and shall stamp, print or
write upon such coupon bond, or such other bond payable to bearer, so
presented, either upon the back or upon the face thereof, as may be
convenient, a statement to the effect that the said bond is registered in
the name of the owner, and that thereafter the interest and principal of
said bond are payable to the registered owner. Thereafter, and from time
to time any such bond may be transferred by such registered owner in
person, or by attorney duly authorized on presentation of such bond to
such treasurer, or such other officer, and the bond be again registered
as before, a similar statement being stamped, printed or written thereon.
Such statement stamped, printed or written upon any such bond may be in
substantially the following form:

(Date, giving month, day and year.)

This bond is registered pursuant to the statute in such cases made and
provided in the name of .... (here insert name of owner) and the interest
and principal thereof are hereafter payable to such owner.

........, treasurer (or such other officer).

After any bond shall have been registered as aforesaid, the principal and
interest of such bond shall be payable to the registered owner. Such
treasurer, or such other officer, shall keep in his office a book or
books which shall at all times show what bonds are registered and in
whose names respectively. (RSMo 1939 § 7387)

Prior revisions: 1929 § 7236; 1919 § 8668



Whenever under any statute of this state or any charter of any
municipal corporation, whether organized under special charter or not, in
this state, any bonds are issued, whether the proceedings for the
issuance of such bonds have been had in whole or in part prior to the
enactment of this statute, such bonds may be issued either in the form of
coupon bonds, or in the form of registered bonds, or some in the form of
coupon bonds, and some in the form of registered bonds, as has been or
hereafter may be provided in the proceedings for the issuance of such
bonds, and notwithstanding any language or provision to the contrary
contained in any such statute or charter authorizing the issuance of the
bonds, or in any other law of the state. The provisions of section 95.165
shall apply to coupon bonds, so issued, as well as to other coupon bonds,
or other bonds payable to bearer. (RSMo 1939 § 7388)

Prior revisions: 1929 § 7237; 1919 § 8669



1. Subject to the provisions of section 110.030, RSMo, the city
council, at its regular meetings in July of each year, may receive sealed
proposals for the deposit of the city funds from banking institutions
doing business within the city that desire to be selected as the
depositary of the funds of the city. Notice that bids will be received
shall be published by the city clerk not less than one nor more than four
weeks before the meeting, in some newspaper published in the city. Any
banking institution doing business in the city, desiring to bid, shall
deliver to the city clerk, on or before the day of the meeting, a sealed
proposal stating the rate percent upon daily balances that the banking
institution offers to pay to the city for the privilege of being the
depositary of the funds of the city for the year next ensuing the date of
the meeting; or, in the event that the selection is made for a less term
than one year, as herein provided, then for the time between the date of
the bid and the next regular time for the selection of a depositary. It
is a misdemeanor for the city clerk or other person to disclose directly
or indirectly the amount of any bid to any person before the selection of
the depositary.

2. Notwithstanding the provisions of subsection 1 of this section to the
contrary, the city council of any third class city with a population of
more than fifteen thousand and less than nineteen thousand that is
located in any county of the fourth classification with a population of
more than forty thousand and less than forty-eight thousand three
hundred, or of any city of the third classification with more than ten
thousand five hundred but less than ten thousand six hundred inhabitants
may receive sealed proposals for the deposit of city funds from banking
institutions doing business within the city at any of the regular
meetings of such city. The city shall send notice of bids to each banking
institution in the city by regular mail at the time the notice is
published in the newspaper in subsection 1 of this section. The banking
institution selected as the depositary shall be offered a depositary
contract for a maximum of two years. Any such city shall follow the bid
procedure established in subsection 1 of this section, except as
otherwise provided in this subsection. (RSMo 1939 § 6939, A.L. 1965 p.
216, A.L. 2001 S.B. 441, A.L. 2004 H.B. 1398)

Prior revisions: 1929 § 6793; 1919 § 8280; 1909 § 9217



1. Except as provided in subsection 2 of this section, upon the
opening of the sealed proposals submitted, the city council shall select
as the depositary of the funds of the city the banking institution
offering to pay to the city the largest amount for the privilege; except
that the council may reject any or all bids. Within five days after the
selection of the depositary, the banking institution selected shall
deposit the securities as required by sections 110.010 and 110.020, RSMo.
The rights and duties of the parties to the depositary contract are as
provided in section 110.010, RSMo.

2. Notwithstanding any provision of section 95.280 or this section to the
contrary, the contract term for any city of the third classification with
more than ten thousand five hundred but less than ten thousand six
hundred inhabitants shall begin on the first day of August following the
receipt of the bid proposals. (RSMo 1939 § 6940, A.L. 1965 p. 216, A.L.
2004 H.B. 1398)

Prior revisions: 1929 § 6794; 1919 § 8281; 1909 § 9218



The mayor and council of any city of the third class, for the
purpose of paying any sum of money which it may now or hereafter be
required to pay by the judgment or decree of any court of record, may
issue coupon bonds of the city, payable in such lawful money of the
United States as they may provide, which shall run for a period not
exceeding twenty years, may carry interest payable annually or
semiannually, at a rate not exceeding six percent per annum, shall be
signed by the mayor, countersigned by the city treasurer, attested by the
city clerk, and shall bear the seal of the city. (RSMo 1939 § 6981)

Prior revisions: 1929 § 6835; 1919 § 8317



No such bonds shall be issued in such a manner as to increase the
indebtedness of the said city, but such bonds shall be delivered in
payment and discharge of sums which it shall be required to pay by the
judgment or decree of any court, at least equal to the principal sum of
the bonds so delivered; or such bonds shall be sold as directed by the
council of the city, or, in the absence of such directions, by the city
treasurer, and the proceeds thereof shall be applied only to the payment
of the sums aforesaid; but all such bonds so sold shall be delivered at
the same time that the sums aforesaid shall be paid and discharged. (RSMo
1939 § 6982)

Prior revisions: 1929 § 6836; 1919 § 8318



Every city issuing bonds under the provisions of sections 95.320
to 95.340 shall, before or at the time of doing so, provide for the
collection of an annual tax, which, together with all sums which shall be
applicable to the payment of the principal and interest of the said
bonds, shall be sufficient to pay the interest of the said bonds, as it
falls due, and also to constitute a sinking fund for the payment of the
principal thereof at the maturity thereof. Such sinking fund shall be
kept invested and managed in the same manner as the other sinking funds
of such city. (RSMo 1939 § 6983)

Prior revisions: 1929 § 6837; 1919 § 8319



All bonds purporting to be issued by virtue or in pursuance of
sections 95.320, 95.325 and 95.330, and signed and sealed as herein
provided, shall, in favor of bona fide holders, be conclusively presumed
to have been duly and regularly authorized and issued in accordance with
the provisions herein contained, and no holder shall be obliged to see to
the existence of the purpose of the issue, or to the regularity of any of
the proceedings, or to the validity of the judgments and decrees to be
paid, or to the application of the proceeds. All such bonds shall be
negotiable in all respects and to the same extent as securities
negotiable by the law merchant. (RSMo 1939 § 6984)

Prior revisions: 1929 § 6838; 1919 § 8320



No bonds issued under the provisions of sections 95.320, 95.325,
95.330 and 95.335 shall be required to be presented to the state auditor,
or registered by him, nor shall any of the provisions in respect of the
issue thereof be required to be examined or certified by him or by any
other person or officer, except as shall be provided by the city council.
(RSMo 1939 § 6985)

Prior revisions: 1929 § 6839; 1919 § 8321



The city council of any city of the third class may provide for
the purchase of ground, and the erection of city halls, fire stations,
assembly halls, memorial halls, convention halls, public library,
hospital buildings, equipment and other buildings and the improvement
thereof, and for the payment of the same, and also for all necessary work
of improvement specified in chapter 88, RSMo, by the issue of bonds or
otherwise, subject to the conditions and limitations provided by sections
95.120 to 95.160. (RSMo 1939 § 6980, A. 1949 H.B. 2043)

Prior revisions: 1929 § 6834; 1919 § 8316; 1909 § 9252



The council shall have the power to levy, annually, taxes upon
all taxable property within the city, in addition to other taxes, and in
sufficient amount for the purpose of paying the interest and coupons as
they become due on all bonds now issued and outstanding, and such taxes
shall be collected in the same manner and time as other taxes. The mayor
and council shall also have the power, by ordinance, to issue bonds,
payable in one year, to an amount not exceeding half the current revenue
for the fiscal year, and also to issue bonds in renewal of other bonds of
the city maturing for the requisite amount, and which the city has no
fund to pay; provided, however, that such renewal bonds shall not bear
any greater rate of interest than did the original bonds, and shall not
run for a longer time than ten years. The mayor and council shall also
have power by ordinance to issue bonds for the purpose of funding the
floating indebtedness of the city existing at the time of its
incorporation as a city of the third class; provided, however, that such
bonds shall not draw any greater rate of interest than six percent per
annum, payable semiannually, and shall not run for a longer time than ten
years. (RSMo 1939 § 6934)

Prior revisions: 1929 § 6788; 1919 § 8275; 1909 § 9212



Boards of aldermen in cities of the fourth class, at their first
regular meetings in the months of January, April, July and October of
each year, may select a depositary for the funds of their respective
cities, for the length of time and under the rules and regulations that
are provided and prescribed by ordinance therefor. The rights and duties
of the parties to the depositary contract are as provided in section
110.010, RSMo. The deposits shall be secured by deposit of securities as
required by sections 110.010 and 110.020, RSMo. The depositary shall be a
banking institution doing business within the city. If such depositary
cannot be selected, or such satisfactory arrangements made, the boards of
aldermen may invest the moneys upon the terms and under the conditions
provided by law for the loaning of county and school moneys. (RSMo 1939 §
7160, A.L. 1965 p. 216)

Prior revisions: 1929 § 7010, 1919 § 8461; 1909 § 9363



It shall be the duty of the city collector to pay into the
treasury, monthly, all moneys received by him from all sources which may
be levied by law or ordinance; also, all licenses of every description
authorized by law to be collected, and all moneys belonging to the city
which may come into his hands. He shall give such bond and perform such
duties as may be required of him by ordinance. (RSMo 1939 § 7150)

Prior revisions: 1929 § 7000; 1919 § 8451; 1909 § 9353

CROSS REFERENCES: Collector to make annual report, RSMo 79.310 Collector
to make annual and final settlements, RSMo 82.660 Collector to pay taxes
collected into treasury monthly, RSMo 94.330



No money shall be paid out of the treasury except on a warrant
signed by the mayor and attested by the city clerk. No warrant shall be
drawn upon the treasurer, nor shall any ordinance appropriating money be
passed, unless there is an unexpended balance to the credit of the city
in the fund in the treasury upon which such warrant is drawn, to meet
such warrant, or a sufficient sum of unappropriated money in the fund in
the treasury upon which such ordinance is drawn, to meet such ordinance.
Every bill that contemplates the payment of money shall, upon its second
reading, be referred to the treasurer, or the person acting as treasurer,
for his endorsement, to the effect that a sufficient sum stands to the
credit of the city, unappropriated, in the fund covered by such
ordinance, to meet the requirements of such bill. The treasurer shall
report to the board of aldermen, on or before the first day of July in
each year, the amount of receipts and expenditures of the treasury, the
amount of money on hand, and the amount of bonds falling due, if any, for
the redemption of which provision must be made; also, the amount of
interest to be paid during the next fiscal year. He shall also perform
such other duties in the line of his office as may be required of him by
ordinance. The report of the treasurer may be published if deemed
necessary by the board of aldermen. (RSMo 1939 § 7165)

Prior revisions: 1929 § 7015; 1919 § 8466; 1909 § 9368

CROSS REFERENCE: Treasurer, duties of, RSMo 79.300



The mayor and board of aldermen of any city of the fourth class,
upon the assent of the constitutionally required percentage of the voters
of the city voting on the question, may, by ordinance, issue bonds of the
city in amounts not less than one hundred dollars each, for the purpose
of paying any indebtedness of such city, reduced to judgment, which bonds
shall run for a period not exceeding twenty years, may carry interest at
a rate not exceeding the rate per annum authorized by law, which shall be
signed by the mayor, attested by the city clerk, and shall bear the seal
of the city. (RSMo 1939 § 7153, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

Prior revisions: 1929 § 7003; 1919 § 8454; 1909 § 9356



No such bonds shall be issued in such a manner as to increase the
indebtedness of the said city, but such bonds shall be sold as directed
by the board of aldermen of such city, and the proceeds thereof shall be
applied only to the payment and discharge of the judgment and decrees of
any court for the payment of which the same may be issued, and such bonds
so sold shall be delivered at the same time that the judgment and decrees
aforesaid shall be paid and discharged. (RSMo 1939 § 7154)

Prior revisions: 1929 § 7004; 1919 § 8455; 1909 § 9357



Every city issuing bonds under the provisions of sections 95.370
to 95.400, inclusive, shall, before or at the time of doing so, provide
for the levy and collection of an annual tax sufficient to pay the
interest on such indebtedness as it falls due, and also to constitute a
sinking fund for the payment of the principal thereof, within twenty
years from the date of issue of the said bonds. (RSMo 1939 § 7155)

Prior revisions: 1929 § 7005; 1919 § 8456; 1909 § 9358



For the purpose of testing the sense of the voters upon the
proposition to issue bonds and levy tax provided for in sections 95.370,
95.375 and 95.380, the mayor and board of aldermen of such city shall
order the question to be submitted to the voters of the city. (RSMo 1939
§ 7156, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7006; 1919 § 8457; 1909 § 9359



The question shall be submitted in substantially the following
form:

Shall ...... (name of city) issue bonds in the amount of ....... dollars
to pay judgments and to levy a tax therefor? (RSMo 1939 § 7157, A.L. 1978
H.B. 971)

Prior revisions: 1929 § 7007; 1919 § 8458; 1909 § 9360



All bonds issued under the provisions of sections 95.370 to
95.400, inclusive, shall be presented to and registered by the state
auditor before being offered for sale, and it shall be the duty of the
state auditor to register such bonds upon satisfactory proof that all the
provisions of said sections authorizing the issue of bonds have been
complied with. (RSMo 1939 § 7158)

Prior revisions: 1929 § 7008; 1919 § 8459; 1909 § 9361



No law or act heretofore passed by any general assembly for the
state of Missouri shall be in any way construed to abridge, impair or
otherwise affect the provisions of sections 95.370 to 95.395. (RSMo 1939
§ 7159)

Prior revisions: 1929 § 7009; 1919 § 8460; 1909 § 9362



The board of aldermen of any city of the fourth class may issue
bonds for the erection or purchase of public buildings, bridges,
waterworks, electric light plants and ice plants, public parks, and other
improvements, and for the establishment and maintenance of a fire
department, in the manner and within the limits provided by sections
95.120 to 95.160. (RSMo 1939 § 7180, A. 1949 H.B. 2043)

Prior revisions: 1929 § 7030; 1919 § 8481; 1909 § 9383



The board of aldermen shall have the power to levy, annually,
taxes upon all taxable property within the city in addition to other
taxes, and in sufficient amount for the purpose of paying the interest
and principal as may become due on all bonds now issued and outstanding,
and such taxes shall be collected in the same manner and time as other
taxes. The mayor and board of aldermen shall also have power, by
ordinance, to issue bonds payable in one year, to an amount not exceeding
half the current revenue for the fiscal year, and also to issue bonds in
renewal of other bonds of the city maturing for the requisite amount and
which the city has no fund to pay. Such renewal bonds shall not bear a
greater average rate of interest than did the original bonds, and shall
not run for a longer time than ten years. The mayor and board of aldermen
shall also have power, by ordinance, to issue bonds for the purpose of
funding the floating indebtedness of the city existing at the time of its
incorporation as a city of the fourth class. The mayor and board of
aldermen shall have power, by ordinance, to issue bonds for the purpose
of extinguishing or paying off any indebtedness against any such city of
the fourth class; provided, such indebtedness has been contracted by and
with the consent of the constitutionally required percentage of the
voters voting in favor of the question and declared by any court of
competent jurisdiction to be a legal and valid indebtedness, and which
has or may hereafter become a judgment against such city. The aggregate
amount of such judgment and existing indebtedness shall not exceed the
constitutional limit of such city, and such bonds shall not bear any
greater rate of interest than the rate per annum permitted by law, and
shall not run for a longer time than twenty years. (RSMo 1939 § 7152, A.
1949 H.B. 2043, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)

Prior revisions: 1929 § 7002; 1919 § 8453; 1909 § 9355



Any city or town in this state having a special charter and
containing ten thousand inhabitants or less may, for the purpose of
paying any indebtedness of any such city or town which may have been
ascertained or determined by a judgment or decree of any court of
competent jurisdiction, issue and sell negotiable bonds of any such city
or town to an amount sufficient to pay off and satisfy such judgments or
decrees; such bonds to be made, issued and sold as may be provided and
directed by ordinance. (RSMo 1939 § 7457)

Prior revisions: 1929 § 7304; 1919 § 8719; 1909 § 9598

CROSS REFERENCE: Revenue bonds for waterworks, cities of 3,000 to 10,000,
RSMo 91.595 to 91.597



Such bonds shall be issued in amounts of not less than one
hundred dollars and not over one thousand dollars each, and may be
negotiable in form, and shall become due at such time, not exceeding
twenty years from their date, as may be provided by ordinance, and shall
bear interest, payable annually or semiannually, at a rate not exceeding
six percent per annum; the principal and interest thereof being payable
at such place in the United States and in such lawful money of the United
States as may be specified in the ordinance directing their issue and in
the bonds, and shall be executed under the seal of the city or town and
by such officers or officer and in such manner as may be directed by
ordinance. (RSMo 1939 § 7458)

Prior revisions: 1929 § 7305; 1919 § 8720; 1909 § 9599



In case any such bonds shall be issued for the purpose of paying
off any such judgments or decrees already rendered, or which may
hereafter be rendered, on account of indebtedness arising from the
purchase or acquisition by such city or town of any waterworks, gas
works, electric light works or property from the ownership whereof by the
city or town an income or revenue may be derived, all such income or
revenue from such waterworks, gas works, electric light works, or
property, after paying the running expenses, the necessary cost of
repairs or reasonable enlargements or extension, shall be set aside and
used, first, for the purpose of paying interest matured or maturing upon
such bonds during the fiscal year for which such income or revenue is
received, and the residue of such income or revenue shall constitute a
sinking fund to meet the principal of such bonds when the same shall
become due, and shall be kept and invested and managed as sinking funds
of such city or town are required to be kept and invested and managed by
the laws of this state and the charter of such city or town. (RSMo 1939 §
7459)

Prior revisions: 1929 § 7306; 1919 § 8721; 1909 § 9600



Such bonds shall be sold as directed by ordinance, or, in the
absence of such directions, by the city treasurer, and the proceeds
thereof shall be applied and used for the payment of the judgments and
decrees for the payment whereof the same were directed to be issued;
provided, however, that said bonds shall not be sold for less than par.
(RSMo 1939 § 7460)

Prior revisions: 1929 § 7307; 1919 § 8722; 1909 § 9601



Every city or town before issuing such bonds shall provide for a
sinking fund to be levied and collected during each year prior to the
maturity of any bonds issued under the provisions of sections 95.415 to
95.460, sufficient to provide for the payment of the bonds at maturity,
or any interest thereon; and any ordinance authorizing and directing the
issue of such bonds shall also provide for a sinking fund for their
payment. Such sinking fund shall be provided from the annual revenues and
incomes mentioned in section 95.425, if such there be, and from a special
tax to be levied annually, sufficient to meet and discharge the maturing
bonds and matured or maturing interest; and the city council or other
proper legislative body of any such city or town shall be bound and
required to levy and collect, during each fiscal year, a special tax
sufficient, with the aforesaid revenues and incomes, to pay all interest
matured and maturing during that fiscal year, and provide for and keep up
the sinking fund as aforesaid. (RSMo 1939 § 7461)

Prior revisions: 1929 § 7308; 1919 § 8723; 1909 § 9602



For the purpose of testing the sense of the voters upon a
proposition to issue bonds for the purposes of taking up the indebtedness
of such city or town as has been ascertained and determined by a judgment
or decree of court, the council, trustees or other proper authority of
such municipality shall order the question to be submitted to the voters.
(RSMo 1939 § 7462, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7309; 1919 § 8724; 1909 § 9603



The question shall be submitted in substantially the following
form:

Shall ....... (name of city) issue bonds in the amount of ....... dollars
to pay a ...... (judgment or decree) and levy a tax therefor? (RSMo 1939
§ 7463, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 7310; 1919 § 8725; 1909 § 9604



If the bond issue by any such city or town be carried or
consented to by the constitutionally required percentage of the voters
voting on the question, the council, trustees or other legislative
authority of such city or town may, by ordinance, declare the result of
the submission of the question, and cause such bonds of such city or town
to be issued for the amount of such indebtedness as has been ascertained
and determined by judgment or decree of court. (RSMo 1939 § 7464, A.L.
1978 H.B. 971, A.L. 1990 H.B. 1621)

Prior revisions: 1929 § 7311; 1919 § 8726; 1909 § 9605



All bonds issued under the provisions of sections 95.415 to
95.460 shall be presented to and registered by the state auditor before
being offered for sale, and it shall be the duty of the state auditor to
register such bonds, upon satisfactory proof, that all the provisions of
said sections authorizing the issue of bonds have been complied with.
(RSMo 1939 § 7465)

Prior revisions: 1929 § 7312; 1919 § 8727; 1909 § 9606



No law or act heretofore passed by any general assembly for the
state of Missouri shall be in any way construed to abridge, impair or
otherwise affect the provisions of sections 95.415 to 95.455. (RSMo 1939
§ 7466)

Prior revisions: 1929 § 7313; 1919 § 8728; 1909 § 9607



In sections 95.465 to 95.500, the word "mayor" shall include the
chief magistrate in every such city, and the words "two houses of
legislation" shall include the municipal assembly and the common council
of every city having such a body of government. (RSMo 1939 § 7583)

Prior revisions: 1929 § 7440; 1919 § 8848; 1909 § 9697



The mayor and the two houses of legislation of any city having
more than one hundred thousand inhabitants, for the purpose of paying any
sums of money which it may now or hereafter be required to pay by the
judgment or decree of any court, may issue coupon bonds of the city,
payable in such lawful money of the United States as they may provide,
which shall run for a period not exceeding twenty years, may carry
interest payable annually or semiannually, at a rate not exceeding six
percent per annum, shall be signed by the mayor, countersigned by the
comptroller, attested by the clerk or register, and shall bear the seal
of the city. (RSMo 1939 § 7577)

Prior revisions: 1929 § 7434; 1919 § 8842; 1909 § 9691



No such bonds shall be issued in such a manner as to increase the
indebtedness of the said city, but such bonds shall be delivered in
payment and discharge of sums which it shall be required to pay by the
judgment or decree of any court, at least equal to the principal sum of
the bonds so delivered, or such bonds shall be sold as directed by the
two houses of legislation of the city, or, in the absence of such
directions, by the city treasurer, and the proceeds thereof shall be
applied only to the payment of the sums aforesaid; but all such bonds so
sold shall be delivered at the same time that the sums aforesaid shall be
paid and discharged. (RSMo 1939 § 7578)

Prior revisions: 1929 § 7435; 1919 § 8843; 1909 § 9692



Every city issuing bonds under the provisions of sections 95.465
to 95.500 shall, before or at the time of doing so, provide for the
collection of an annual tax, which, together with all sums which shall be
applicable to the payment of the principal and interest of the said
bonds, shall be sufficient to pay the interest of the said bonds, as it
falls due, and also to constitute a sinking fund for the payment of the
principal thereof at the maturity thereof. Such sinking fund shall be
kept invested and managed in the same manner as the other sinking funds
of such city. (RSMo 1939 § 7579)

Prior revisions: 1929 § 7436; 1919 § 8844; 1909 § 9693



In case any such bonds shall be issued for the purpose of paying
any such sums required to be paid by a court on account of or in respect
of the purchase or acquisition by such city of any waterworks, gas works,
electric light works or property from which such city may thereafter
derive any income or revenue, such income and revenue for each year shall
be used to pay the cost of maintaining, repairing, enlarging and
extending such works or property, and the interest on such bonds, and the
residue of such income and revenue shall be paid into the sinking fund
provided for by section 95.480, for the payment of the principal of such
bonds. (RSMo 1939 § 7580)

Prior revisions: 1929 § 7437; 1919 § 8845; 1909 § 9694



All bonds purporting to be issued by virtue or in pursuance of
sections 95.470 to 95.485, and signed and sealed as herein provided,
shall in favor of bona fide holders, be conclusively presumed to have
been duly and regularly authorized and issued in accordance with the
provisions herein contained and no holder shall be obliged to see to the
existence of the purpose of the issue, or to the regularity of any of the
proceedings, or to the validity of the judgments and decrees to be paid,
or to the application of the proceeds. All such bonds shall be negotiable
in all respects and to the same extent as securities negotiable by the
law merchant. (RSMo 1939 § 7581)

Prior revisions: 1929 § 7438; 1919 § 8846; 1909 § 9695



No bonds issued under the provisions of sections 95.470 to 95.490
shall be required to be presented to the state auditor, or registered by
him, nor shall any of the provisions in respect of the issue thereof be
required to be examined or certified by him, or by any other person or
officer, except as shall be provided by the two houses of legislation of
the city. (RSMo 1939 § 7582)

Prior revisions: 1929 § 7439; 1919 § 8847; 1909 § 9696



Sections 95.465 to 95.500 shall not repeal, abridge, impair or in
any way affect any law or act passed by the thirty-eighth general
assembly of this state, relating to the issue and sale of bonds of any
such city for the purpose of paying judgments or decrees of courts, and
providing for the payment of any such bonds; and no law or act passed by
the said thirty-eighth general assembly shall be in any way construed to
abridge, impair or otherwise affect the provisions of said sections.
(RSMo 1939 § 7584)

Prior revisions: 1929 § 7441; 1919 § 8849; 1909 § 9698



Every officer of any municipality in this state having a
population of more than two hundred thousand inhabitants, who performs
duties for the state by virtue of his office, and whose salary and the
expenses of his office are paid, or for the payment of which provision is
made, by such municipality, directly out of its treasury, shall collect
and pay over daily to the treasurer of such municipality all fees,
commissions and other compensation allowed or authorized under and by
virtue of any state law, for or by reason of the performance by him of
any and all acts for or on account of the state, or duties imposed upon
him relating in any manner to the state or its revenue or other affairs;
and he shall make settlement therefor in the same manner as is or may be
required of other officers of such municipality. Nothing in this section
shall be so construed as to apply to collectors of revenue in such
municipalities; provided, that such municipality shall pay all the
expenses of making out the back tax books. (RSMo 1939 § 7425)

Prior revisions: 1929 § 7272; 1919 § 8692; 1909 § 9572



In the event that at any time the United States, or any qualified
authority thereof, shall propose to establish and improve, within any
city in this state now or hereafter having a population of four hundred
thousand inhabitants or more, a national park or plaza, intended and
designed to commemorate any great event or movement in our national
history, to be accessible to the public under federal regulation, and to
cover an area within such city of not less than one million square feet,
and one thousand or more voters of such city shall petition the board of
aldermen of such city, asking that the question be submitted to the
voters to determine whether, in consideration of and in order to induce
the location and establishment of such improved park or plaza in such
city, the city shall incur indebtedness and evidence the same by the
issuance of bonds for the purpose of providing funds to make the payment
by way of assistance herein referred to, it shall be the duty of the
board of aldermen as soon as conveniently may be, to submit the question
to the voters. (RSMo 1939 § 15373, A.L. 1978 H.B. 971)



There shall be submitted to the voters the question whether or
not such city shall incur an indebtedness and evidence the same by the
issuance of bonds for the purpose of providing funds to pay by way of
assistance to the United States, or its qualified authority, in
consideration of and in order to induce the location and establishment
within such city of such park or plaza, the sum fixed by the ordinance
providing for the submission of the question, which sum shall not exceed
one-fourth of the total amount to be expended by the United States, or
its authority, for the acquisition and establishment of such park or
plaza (including site and improvements), and shall not exceed the sum of
eight million dollars; nor shall such sum, when added to the other
indebtedness of the city, exceed its capacity to become indebted under
the constitution of this state. (RSMo 1939 § 15374, A.L. 1978 H.B. 971)



In the event that at such election the constitutionally required
percentage of the voters of such city voting on such proposition shall
vote in favor thereof, then such city shall issue and dispose of its
bonds thus authorized, and pay to the United States or its qualified
authority, out of the proceeds of such bonds, the amount of the payment
and consideration so voted. All bonds issued under the provisions of
sections 95.510 to 95.525 shall be subject to all limitations, terms and
provisions of law now or hereafter applicable to the issuance and sale of
general obligation bonds of such cities. (RSMo 1939 § 15375, A.L. 1990
H.B. 1621)



The consent of the state of Missouri is hereby fully given to the
acquisition by the United States or any qualified authority thereof, by
purchase, grant or condemnation, of any lands or improvements thereon, in
any of the cities to which sections 95.510 to 95.525 are applicable, for
the purpose of establishing, improving in any manner, and maintaining any
national park or plaza of the character described. (RSMo 1939 § 15376)



1. Any city having a population of four hundred thousand
inhabitants or more may borrow money and issue bonds in an amount not to
exceed one million five hundred thousand dollars for the purpose of
providing funds to supplement the funds authorized by sections 95.510 to
95.525. Any additional funds authorized hereunder shall be expended as
provided by ordinance, and the ordinance shall provide the extent, if
any, to which any expenditure shall be conditioned upon the expenditures
of additional funds for improvements to be made by the United States.

2. The submission of the question may be ordered by ordinance without a
petition therefor, and all bonds issued under the provisions of this
section are subject to all limitations, terms and provisions of law
applicable to the issuance and sale of general obligation bonds of the
city. (L. 1965 p. 220 §§ 1, 2, A.L. 1978 H.B. 971)



In all cities not within a county, the mayor, the comptroller and
the treasurer shall constitute the funds committee, and the treasurer, by
virtue of his office, shall serve as chairman of such committee. The
committee shall annually select a bank or banks, or trust company or
trust companies, or credit union or credit unions, savings and loan or
savings and loans, which has its principal place of business in Missouri
referred to hereafter as "listed institutions", for the current deposit
of the city's funds, which in their opinion will be most commensurate
with the safety thereof. The treasurer, as chairman, shall supervise the
business of the committee and maintain records of committee proceedings,
and shall call annual meetings or any other meeting as often as the
business of the city may require. The treasurer shall be a member of any
financial planning or decision-making body or committee furthering the
needs of the city's financial business, except the legislative and
appropriating bodies. The treasurer, by virtue of his office, shall sit
on any committee or group which deals with the issuance of bonds of the
city or any agency or instrumentality thereof. The treasurer shall serve
as the chief investment and cash management officer of the city and, as
such, act as the sole investment authority on any investments of public
funds held by the city or any instrumentality thereof, including funds
derived from proceeds from the issuance of bonds and funds from proceeds
from lease/purchase agreements. Such investments shall be made in a
manner consistent with investment policies approved by the funds
commission, and with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but
for investment, considering the probable safety of capital and income to
be derived. The treasurer shall ensure the safety of all funds held by
the city or any instrumentalities thereof and, upon the approval of the
funds commission and reasonable notice, may assume control of any
accounts not managed in compliance with state law, serve as the custodian
of any funds held in such accounts and take any other measures reasonably
required to ensure the preservation of public funds and compliance with
applicable law. The funds commission, also known as the "funds
committee", shall approve all financial institutions for any banking
services required by the city pursuant to investment policies and
evaluation criteria set by the treasurer and approved by the funds
commission. At least once per year, the treasurer and the city's external
auditors shall report to the comptroller on the city's compliance with
this section. Any state or municipally created agency, citywide elected
officials or any instrumentality thereof working in cooperation with the
city in the collection, management, investment or disbursement of
governmental funds, shall annually report a listing of all listed
institution's accounts, including a list of all pledged collateral, to
the fund committee. Any financial institution acting as a depository or
custodian of public funds for any state or municipally created agency,
citywide elected official or any instrumentality thereof working in the
collection, management, investment or disbursement of governmental funds
for a city located not within a county shall annually report to the funds
committee. Such agencies, elected officials and instrumentalities shall,
during the interim period, report any change or transfer or establishment
of new accounts or changes in collateral to the fund committee within ten
days of doing so. Financial institutions, when requested by the funds
committee, shall verify such information. Before any deposit shall be
made by the treasurer in any listed institution, the institution shall
give a bond in an amount equal to the deposit, with good and sufficient
sureties, to be approved by the unanimous vote of the members of the
funds committee, for the safekeeping and prompt payment of such funds, or
any part thereof, when demanded by the treasurer, and shall at all times
keep the sureties on such bond satisfactory to the funds committee. In
lieu of or in addition to such bond, listed institutions may, with the
unanimous consent of the members of the funds committee, deposit with the
treasurer of such city or with some other mutually satisfactory
depositary in such city, in escrow, bonds or treasury certificates of the
United States or other interest-bearing obligations guaranteed as to both
principal and interest by the United States or agency or instrumentality
thereof in accordance with the approved collateral securities maintained
and approved by the state treasurer, or bonds of the state of Missouri or
of any city not within a county, of a par value equal to the amount of
such deposit, or any part of such deposit not protected by such bond. The
securities so deposited shall, in case of default by any such listed
institution, be taken possession of by the funds committee, and to the
extent required to make good such default, be sold for the benefit of
such city. Any securities so deposited may, with the unanimous consent of
the members of the funds committee, be withdrawn, and others of equal
value and amount substituted therefor. As the amount of such funds on
deposit is reduced, listed institutions, when not in default, shall be
permitted to withdraw the excess of collateral, except that there shall
at no time be a less amount in par value of collateral than the amount at
such time of deposits. The securities so deposited or any substitute
therefor, shall, upon default, be exhausted before recourse shall be had
against the securities upon any bond executed by listed institutions for
the protection of such deposits. In lieu of or in addition to such
deposit of city funds in listed institutions, the treasurer may invest
funds belonging to such city and not immediately needed for the purpose
to which such funds or any of them may be applicable, in accordance with
section 15, article IV of the Missouri Constitution. In addition, the
treasurer may enter into repurchase agreements maturing and becoming
payable within ninety days secured by United States Treasury obligations
or obligations of the United States government agencies or
instrumentalities of any maturity as provided by law. (RSMo 1939 § 7757,
A.L. 1988 H.B. 1583, A.L. 1990 H.B. 1716, A.L. 1992 H.B. 1228, A.L. 1994
S.B. 567, A.L. 1999 S.B. 386)

Prior revisions: 1929 § 7609; 1919 § 9008; 1909 § 9858



All public officers, excepting the public administrator and
notaries public, in the city of St. Louis shall be compensated for their
services by salaries only. It shall be the duty of any public officer in
such city to charge on behalf of the city every fee that accrues in or to
his office and to receive the same and all fees, fines, costs,
commissions, penalties and charges that may be taxed in his office. All
such fees, fines, costs, commissions, penalties and charges imposed by
law and collected by such officer shall be paid into the city treasury
and become the property of the city. The comptroller of such city shall
determine by a proper order the current or future dates or periods when
such fees, fines, costs, commissions, penalties or charges so collected
by any of the officers in said city shall be paid and turned over to the
city treasury and how they shall be accounted for. The comptroller shall
require a sworn or affirmed statement by each public officer, showing
such items collected in detail, their source character and the aggregate
amount thereof, and shall require a copy of such sworn or affirmed
statement to be filed in the office of the city register. Nothing herein
contained shall be construed to include the performance by the sheriff of
his duties as trustee in any deed of trust or mortgage with power of
sale, within the term "services" used herein. (L. 1945 p. 1512 § 1)



All salaries fixed by statute for public officers, elective or
appointive, or their deputies, assistants and employees, in any city now
having or which may hereafter acquire a population of seven hundred
thousand inhabitants or more, and which are payable by the treasurer of
the city, shall be paid biweekly. (L. 1963 p. 155 § 1)



1. The following words and phrases as used in this section,
unless a different meaning is plainly required by the context, shall mean:

(1) "Employee", any person regularly employed by any city, within the
authorization of this section, who receives remuneration from the city
for personal services rendered the city. The term "employee" shall not
include any person:

(a) Who is included as an active member in any other pension plan similar
in purpose by reason of his employment with the city, except the federal
Social Security Old Age, Survivors, and Disability Insurance Program, as
amended; or

(b) Who acts for the city under contracts or is paid wholly on a fee
basis; or

(c) Who is a city officer or elected official of the city as defined in
this section; or

(d) Who is employed by the city as a "fireman" or "policeman";

(2) "Officer", any officer or elected official of the city who has been
delegated some substantial part of the sovereign power to be
independently exercised with some continuity and without control of a
superior power other than the law.

2. Any city of this state that now has or may hereafter have a population
of more than four hundred and fifty thousand inhabitants is hereby
authorized to provide by ordinance or otherwise for the pensioning of its
employees and officers, in one or more plans, whether performing city or
county functions, and the widows and minor children of deceased employees
and officers and to appropriate and utilize its municipal revenues and
other available funds for such purposes.

3. The employees and officers of any municipally owned public utility may
be included within the provisions of any pension plan adopted in
pursuance of subsection 2, but the cost of paying pensions to such
employees and officers and the widows and minor children thereof, as well
as its pro rata share of the expenses of administration and the operation
of the pension system, as a whole, shall be borne by the funds or
revenues of such municipally owned public utility.

4. The employees and officers of any administrative board or board of
control organized and existing under the general laws of the state of
Missouri for the purpose of furnishing library services or maintaining
and operating an art museum or a zoological park or similar public
service to the inhabitants of such city may be included within the
provisions of any pension plan adopted in pursuance of subsection 2, but
the cost of paying pensions to such employees and officers and widows and
minor children thereof, as well as their pro rata share of the expenses
of administration and the operation of the pension system, as a whole,
shall be borne by the funds or revenues of such administrative board or
board of control; provided, however, that the employees and officers of
any such board or board of control shall not be included in any such
pension plan unless the ordinance of such city providing for the
inclusion of such employees and officers shall be accepted by resolution
of such administrative board or board of control. (L. 1959 S.B. 329 §§ 1,
2, 3, A.L. 1971 S.B. 207)



The governing body of any constitutional charter city not within
a county that now has or may hereafter have a population of six hundred
thousand inhabitants or more may by ordinance establish a medical, health
and life insurance program for the coverage of certain public employees
as provided in sections 95.545 to 95.555. (L. 1971 H.B. 441 § 1)



The ordinance authorizing the insurance program may provide for
the coverage within a single plan of municipal employees, public
employees performing county functions within the city, employees of any
municipally owned or operated public utility, and the employees of any
independent public board or agency operating within the city under the
authority of a statute of this state or ordinance of the city. (L. 1971
H.B. 441 § 2)



Such city may appropriate and utilize its revenues and other
available funds to contribute to all or part of the cost of such plan,
including payment of insurance premiums, for furnishing all or a part of
the medical, hospital, and life insurance benefits provided under the
plan for its employees, and comparable benefits for employees who rely
solely on spiritual means through prayer for healing. Any participating
public employee whose compensation is not paid by such city from
municipal or county revenues may not have premiums or pro rata costs paid
therefrom, but such premiums or costs shall be paid from the revenues of
the participating public utility, board or agency employing such
employee. (L. 1971 H.B. 441 § 3)



The term "employee" shall not include any appointed or elected
officers who may be prohibited from the receipt of benefits hereunder by
the application of any provision of any statute or of the constitution of
this state affecting the compensation of public officers, but such term
shall otherwise be deemed to include public officers. (L. 1971 H.B. 441 §
4)



No employees of any independent public board or agency shall be
covered by any plan adopted hereunder unless their inclusion shall be
authorized by resolution or order of such board or agency; but any such
city may terminate the coverage of the employees of any public board or
agency or modify the scope of their coverage in the manner authorized by
ordinance or by amendment thereto, notwithstanding the resolution or
order of any independent board or agency. (L. 1971 H.B. 441 § 5)



Any ordinance adopted hereunder may empower the city to contract
for the purposes of sections 95.545 to 95.555 with insurance companies
authorized to do business in this state and may authorize an officer or
board of the city to adopt rules and regulations with respect to all
matters pertaining to coverage and claims under any insurance program
hereunder which are not inconsistent with any provision of sections
95.545 to 95.555. (L. 1971 H.B. 441 § 6)



1. In addition to their other duties as prescribed by law,
appointed or elected officers whose employees are extended coverage under
an insurance program as provided in sections 95.540 to 95.555 shall be
responsible for carrying out the administrative duties resulting from
said program.

2. For the performance of the additional administrative duties required
by any such insurance program, the officers referred to herein shall be
enrolled as members of and be entitled to the benefits of any group
insurance program provided for their employees. (L. 1973 H.B. 444)



 
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