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USA Statutes : missouri
Title : CITIES, TOWNS AND VILLAGES
Chapter : Chapter 96 Municipal Health and Welfare
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1. When one hundred voters of any city of the third class shall
petition the mayor and council asking that an annual tax as specified in
the petition not to exceed fifty cents on each one hundred dollars
assessed valuation annually be levied for the establishment, equipping,
operating, and maintaining by purchase, lease, construction or otherwise
of a health care facility in such city for the care and treatment of the
sick, disabled, and infirm persons, the mayor and council shall submit
the question to the voters. For all purposes under sections 96.150 to
96.228 each type of facility shall be considered as a separate facility.
2. The question shall be submitted in substantially the following form:
Shall there be ...... cent tax for ..... (establishment of, equipping,
operating and maintaining) a ....... (hospital, nursing home, or
convalescent home, etc.) in the city for the care and treatment of the
sick, disabled and infirm?
3. If two-thirds of the voters voting on the question shall vote for such
tax, the tax shall be levied and collected in like manner as other
general taxes of the city and shall be a separate fund established for
the facility.
4. The tax shall cease in case the voters in the city shall so determine
by a majority vote at any election held on such question. Unless
otherwise specified in the proposition approved by the voters, the
trustees may continue to operate any such facility under the provisions
of sections 96.150 to 96.228.
5. The trustees shall have authority to operate, maintain and manage a
hospital and hospital facilities, and to make and enter into contracts,
for the use, operation or management of a hospital or hospital
facilities; to make and enter into leases of equipment and real property,
a hospital or hospital facilities, as lessor or lessee, regardless of the
duration of such lease; provided, however, that any lease of
substantially all of the hospital, as the term "hospital" is defined in
section 197.020, RSMo, wherein the board of trustees is lessor shall be
entered into only with the approval of the council; and further to
provide rules and regulations for the operation, management or use of a
hospital or hospital facilities. Any agreement entered into pursuant to
this subsection pertaining to the lease of the hospital, as herein
defined, shall have a definite termination date as negotiated by the
parties, but this shall not preclude the trustees from entering into a
renewal of the agreement with the same or other parties pertaining to the
same or other subjects upon such terms and conditions as the parties may
agree. (RSMo 1939 § 7036, A.L. 1969 p. 171, A.L. 1978 H.B. 971, A.L. 1979
S.B. 445, A.L. 1984 S.B. 576, A.L. 1987 H.B. 810)
Prior revision: 1929 § 6890
CROSS REFERENCES: Bonds may be issued for hospital buildings, etc., RSMo
95.345 Contagious diseases, regulations for prevention of--erection of
hospitals, etc, RSMo 77.530
1. Each facility established or operated and maintained under the
provisions of sections 96.150 to 96.228 shall be governed by a board of
trustees who shall serve without compensation. Each such board of
trustees shall consist of five trustees, who shall be citizens of the
city, unless the council shall provide by ordinance for a larger board of
not more than fifteen trustees. Trustees shall be appointed by the mayor
with the approval of the council and shall be chosen with reference to
their fitness for such position; provided no member of the city council
and no member of the immediate family of a member of the city council
shall be a member of the board.
2. An ordinance providing for a larger board of trustees shall require
that three-fifths of such trustees shall be citizens of the city and may
provide that the remaining trustees need not be citizens of the city, but
shall be citizens of the state of Missouri.
3. Any city establishing or maintaining and operating more than one
health care facility may provide by ordinance that one board of trustees
shall manage and operate two or more health care facilities. (RSMo 1939 §
7037, A.L. 1969 p. 171, A.L. 1979 S.B. 445)
Prior revision: 1929 § 6891
1. Unless the council has provided for a larger board of
trustees, two of the trustees first appointed under the provisions of
sections 96.150 to 96.228 shall hold office for terms of four years, and
the remaining trustees first appointed shall hold office respectively for
a term of one, two, and three years as indicated in the order of the
mayor appointing them; thereafter each member shall be appointed for a
term of four years. When the council has provided for a larger board of
trustees, the trustees first appointed shall hold office for terms so
that as nearly as possible the terms of an equal number expire in each of
the succeeding four years as indicated by the order of the mayor
appointing them; thereafter each member shall be appointed for a term of
four years. If the council increases the size of the board by ordinance,
the trustees then in office shall continue to serve for the remainder of
the term for which appointed; the additional members shall be appointed
such that as nearly as possible equal numbers expire in succeeding years.
2. Vacancies on the board shall be filled in the same manner provided
herein for appointment of members. Any person appointed to fill a vacancy
on the board shall serve for the unexpired portion of the original term.
3. In the event the council has provided for a larger board of trustees
and subsequently the size of the board is reduced, the trustees then in
office shall continue to serve for the remainder of the terms for which
they were appointed. After the effective date of the reduction in size of
the board, the mayor shall appoint as nearly as possible an equal number
of trustees in each of the four succeeding years. (RSMo 1939 § 7038, A.L.
1979 S.B. 445)
Prior revision: 1929 § 6892
A trustee may be removed for crimes, misconduct, habitual
drunkenness, willful neglect of duty, corruption in office, incompetency
or oppression in office or for breach of standards required of a
fiduciary in connection with managing and operating the facility under
sections 96.150 to 96.228, by a majority vote of the council if the
removal is recommended by the mayor or by a two-thirds vote of the
council if the mayor has not recommended removal of the trustee; but such
trustee shall be removed only after first being given a copy of the
charges at least ten days prior to the hearing thereon at which he shall
have an opportunity to be heard and present witnesses. A record of the
proceedings, together with the charges and findings thereon, shall be
maintained and filed in the office of the clerk. (L. 1979 S.B. 445)
The board shall meet and organize by electing one of their
members president, and one secretary, and by the election of such other
officers as they may deem necessary. They shall make and adopt such
bylaws, rules and regulations for the management of such facility and the
admission and discharge of patients as they shall deem expedient. (RSMo
1939 § 7039, A.L. 1969 p. 171, A.L. 1979 S.B. 445)
Prior revision: 1929 § 6893
The board shall control the expenditures of all moneys collected
to the credit of the fund established for such facility and the
construction, leasing, equipping, operating and maintaining of the
facility and the grounds and other property real and personal belonging
to the facility; provided, all moneys from taxes, donations and from any
other source shall be deposited in the city treasury to the credit of
that facility's fund, and drawn upon by the vouchers of the proper
officers of such board. The board shall also employ such help,
professional and otherwise, as may be necessary to carry out the spirit
and intent of sections 96.150 to 96.220, and all such assistants and
employees shall serve at the pleasure of the board. (RSMo 1939 § 7040,
A.L. 1969 p. 171)
Prior revision: 1929 § 6894
All obligations incurred in connection with the construction,
leasing, equipping, operating and maintaining of this facility and
grounds and other property, real and personal, under control of the board
shall be payable only from the fund established for such facility and the
assets under control of the board. The city shall not be liable for any
such claims or indebtedness except to the extent of the fund established
for such facility and the assets under control of the board or as
provided pursuant to sections 96.222, 96.224, 96.226, and 96.228. (L.
1979 S.B. 445)
1. A hospital organized under this chapter may purchase, operate
or lease, as lessor or lessee, related facilities or engage in health
care activities, except in counties of the third or fourth classification
(other than the county in which the hospital is located) where there
already exists a hospital organized pursuant to this chapter and chapter
205 or 206, RSMo; provided, however, that this exception shall not
prohibit the continuation of existing activities otherwise allowed by law.
2. If a hospital organized pursuant to this chapter accepts appropriated
funds from the city during the twelve months immediately preceding the
date that the hospital purchases, operates or leases its first related
facility outside the city boundaries or engages in its first health care
activity outside the city boundaries, the governing body of the city
shall approve the hospital's plan for such purchase, operation or lease
prior to implementation of the plan. (L. 1979 S.B. 445, A.L. 1996 S.B.
676)
The board shall make on or before the second Monday in June of
each year a detailed report to the city council, showing the receipts of
all funds and the expenditures therefrom, and showing each donation and
amount thereof. (RSMo 1939 § 7041, A.L. 1969 p. 171)
Prior revision: 1929 § 6895
Any person making bequests or donations to such facility shall
have the right to vest the title to the real estate or personal property
so bequeathed or donated in the board and to be held and controlled by
the board, and to all such property the board shall be held to be special
trustees. (RSMo 1939 § 7042, A.L. 1969 p. 171)
Prior revision: 1929 § 6896
The taxes authorized and provided by the terms of sections 96.150
to 96.220 shall be levied and collected in the same manner as the regular
municipal taxes are levied and collected. (RSMo 1939 § 7043)
Prior revision: 1929 § 6897
For the purpose of providing funds for the acquisition,
construction, erection, equipment and furnishing of hospitals, nursing or
convalescent homes, and related facilities, including medical office
buildings to provide offices for rental to physicians or dentists on a
hospital's medical staff, and for providing sites therefor, including
offstreet parking space, and making from time to time enlargements or
extensions thereof, the city council, upon recommendation and request of
the board of trustees created pursuant to sections 96.150 to 96.220, may
issue and sell revenue bonds. In addition to pledging the net income and
revenues as herein provided, the council and board, in their discretion,
may mortgage, by mortgage or deed of trust, the real and personal
property comprising the project or portions thereof for the payment of
the bonds, both principal and interest. The revenue bonds are payable,
both as to principal and interest, solely and only out of the net income
and revenues arising from the operation of the facility, after providing
for the costs of operation and maintenance thereof, or from other funds
made available to the facility from sources other than from proceeds of
taxation, or from proceeds of foreclosure sale of property mortgaged or
pledged as security therefor. (L. 1969 p. 171, A.L. 1981 H.B. 258)
Any bonds issued under and pursuant to sections 96.222 to 96.228
shall not be deemed to be an indebtedness of the state of Missouri, or of
any city or of the board of trustees, or of the individual members of the
city council or board of trustees and shall not be deemed to be an
indebtedness within the meaning of any constitutional or statutory
limitation upon the incurring of indebtedness. (L. 1969 p. 171)
1. Revenue bonds issued under section 96.222 shall be of such
denomination, shall bear such rate of interest not to exceed the highest
rate permitted by law, and shall mature at such times as determined by
the city council upon the recommendation of the board of trustees. The
bonds may be either serial bonds or term bonds and may be issued with or
without reservation of the right to call them for payment or redemption
in advance of their maturity, upon the giving of notice and with or
without the covenant requiring the payment of a premium in the event of
the call and redemption prior to maturity as the board determines.
2. The bonds when issued and sold shall be negotiable instruments within
the meaning of the law merchant and the negotiable instruments law and
the interest thereon is exempt from income taxes under the laws of the
state of Missouri. (L. 1969 p. 171)
1. The city council, upon the recommendation of the board of
trustees, issuing bonds under section 96.222, shall prescribe the form,
details and incidents of the bonds and said council and board of trustees
shall make such covenants as in their judgment are advisable or necessary
properly to secure the payment thereof; but the form, details, incidents
and covenants shall not be inconsistent with any of the provisions of
sections 96.222 to 96.228.
2. The holder of any bonds issued hereunder or of any coupons
representing interest accrued thereon may, by civil action either at law
or in equity, compel the city council and board of trustees issuing such
bonds to perform all duties imposed upon them by sections 96.222 to
96.228, and also to enforce the performance of any and all other
covenants made by such city council and board of trustees in the issuance
of the bonds.
3. The provisions of sections 96.222 through 96.228 shall not be
exclusive of other legal methods of financing the facilities therein
described, but shall furnish an alternative method of finance. (L. 1969
p. 171)
In all cities of the third class in this state there is hereby
created and established, at the option of the mayor and common council of
any such city, a board which shall be styled "The Social Welfare Board of
the City of ...". All powers and duties connected with and incident to
the relief and prevention of dependency, relief and care of the indigent,
and the care of sick dependents, with the exception of the insane and
those suffering with contagious, infectious and transmissible diseases,
and excepting those persons who may be admitted to the county poorhouses
of the counties in which such cities are located, shall be exclusively
invested in and exercised by the board. The board shall have power to
receive and expend donations for social welfare purposes, and shall have
exclusive control of the distribution and expenditure of any public funds
set aside and appropriated by such cities for relief of the temporary
dependent. The board shall have power to sue and be sued, complain and
defend in all courts, to assume the care of or take by gift, grant,
devise, bequest or otherwise, any money, real estate, personal property,
right of property or other valuable things, and may use, enjoy, control,
sell or convey the same for charitable purposes, to have and to use a
common seal and alter the same at pleasure. The board may make bylaws for
its own guidance, rules and regulations for the government of its agents,
servants and employees, and for the distribution of the funds under its
control. (RSMo 1939 § 7049, A.L. 1975 H.B. 398)
Prior revision: 1929 § 6899
Said board shall have power to make all suitable provisions for
the relief, maintenance and support of all indigent persons within said
cities, and to make suitable provisions for the care and maintenance of
the sick dependents and those who are unable to support themselves; to
enforce the laws of the state, the ordinances of said cities, in regard
to the indigent, and to make such rules and regulations in the conduct of
its business not inconsistent with the laws of the state of Missouri, and
the ordinances of said cities; to recommend to the common council of said
cities the passage of such ordinances as said board may deem necessary
for the welfare of the indigent of said cities. The board shall have the
power to employ and discharge all persons or officers in their judgment
necessary to carry on the work over which said board is given
jurisdiction or control. Said board shall further have power to enter
into cooperative arrangement with state or county agencies, or with
charitable and philanthropic associations in order better to promote the
objects of its work. Said board may act as agent for the county
superintendent of public welfare within the limits of the city, under
such arrangements as may be made jointly by them. (RSMo 1939 § 7050)
Prior revision: 1929 § 6900
Said board shall be nonpartisan and nonsectarian and the members
and officers thereof shall receive no compensation as such. Said board
shall consist of the mayor of such cities, who shall be ex officio a
member thereof, and six other members, men or women, who shall be
appointed by the mayor and the common council of such cities, who shall
hold office, two for one year, two for two years, and two for three
years, whose term of office shall be designated by the mayor. Whenever
the term of office of any member so appointed expires, the appointment of
his successor shall be for three years. All such appointments shall date
from the first of June following their appointment. Vacancies from any
causes shall be filled in like manner as original appointment. The mayor
may, for misconduct or neglect of duty, remove any members appointed by
him in the manner required for removal of officers of such cities. (RSMo
1939 § 7051)
Prior revision: 1929 § 6901
Said members shall, immediately after their appointment, and
annually thereafter, meet and organize by electing out of their number a
president, vice president, treasurer and secretary. All subordinate
officers and employees appointed shall give such bonds for the faithful
discharge of their duties as may be required by the board. (RSMo 1939 §
7052)
Prior revision: 1929 § 6902
All moneys received or appropriated for the use of said board
shall be deposited with the treasurer, who shall give good and sufficient
bond to said board for the safekeeping and proper expenditure of all
funds placed in his hands, by or for the use of said board. (RSMo 1939 §
7053)
Prior revision: 1929 § 6903
It shall be the duty of said board to keep a record of its
proceedings and its receipts, expenditures and operations, and to
annually render a full and complete itemized report, stating the
condition of their trust, together with such other matters as they may
deem of general interest to the mayor and common council of said cities;
provided said board shall render reports concerning receipts,
expenditures, operations, etc., whenever called for by the common council
of said cities. (RSMo 1939 § 7054)
Prior revision: 1929 § 6904
It shall be the duty of said board, when any person by himself or
another applies for relief, to make immediate inquiry into the state and
circumstances of the applicant, and if it shall appear that he or she is
in such indigent circumstances as to require temporary relief, the said
board shall furnish, out of the funds in its hands, such relief as the
circumstances of the case may require; provided, that in all cases where
the applicant for aid may be found dependent, and said applicant or
member of said applicant's family is an able-bodied person, said board
shall require such person to perform work to the value of the aid given.
(RSMo 1939 § 7055)
Prior revision: 1929 § 6905
The mayor and board of aldermen of cities of the third class in
this state may acquire property for homes for orphan children and the
children of indigent parents, by gift, and may improve and maintain the
same as such public institutions. (RSMo 1939 § 9658, A.L. 1975 H.B. 398)
Prior revisions: 1929 § 14121; 1919 § 1125
1. When one hundred voters of any city of the third class shall
petition the mayor and legislative branch of the municipal government,
asking that an annual tax be levied for the maintenance of a home for
orphan children and the children of indigent parents, and shall specify
in the petition a rate of taxes not to exceed one mill on the dollar
annually on all property in the city, such mayor by direction of the
legislative branch of the municipal government shall submit the question
to the voters.
2. The question shall be submitted in substantially the following form:
Shall there be a tax for a children's home?
3. The tax specified shall be levied and collected and shall be known as
the "children's home funds".
4. If a majority of voters in the city, voting on the question, vote to
terminate the tax, the tax shall terminate.
5. In case of an increase in valuation in any year of the taxable
property within such incorporated city, the council of such city may
reduce the levy herein provided for by levying a tax for the maintenance
of said orphans' home which in the judgment of said common council shall
be sufficient for the maintenance of the orphans' home throughout the
year, but in no case shall the tax so levied for any one year by the
common council exceed ten percent more than the tax of the previous year.
(RSMo 1939 § 9659, A.L. 1975 H.B. 398, A.L. 1976 S.B. 729, A.L. 1978 H.B.
971)
Prior revisions: 1929 § 14122; 1919 § 1126
When any incorporated city of the third class shall have
received, by gift or otherwise, a home for the care of orphan children or
the children of indigent parents, which shall be known as "the children's
home", the mayor of such city shall, with the approval of the legislative
branch of the municipal government of such city, proceed to appoint a
board of nine directors for the same, chosen from the residents at large,
with reference to their fitness to such office; and no member of the
municipal government shall be a member of said board. (RSMo 1939 § 9660,
A.L. 1975 H.B. 398)
Prior revisions: 1929 § 14123; 1919 § 1127
Said directors shall hold office, one-third one year, one-third
two years and one-third for three years, from the first of June following
the appointment and at their first regular meeting shall cast lots for
their respective terms; and annually thereafter, the mayor shall, before
the first of June, of each year, appoint as before, three directors, who
shall hold office for three years and until their successors are
appointed and qualified. The mayor may, by and with the consent of the
legislative department, remove any director for misconduct or neglect of
duty. (RSMo 1939 § 9661)
Prior revisions: 1929 § 14124; 1919 § 1128
Said directors shall, immediately after appointment, meet and
organize by the election of one of their number president, and by the
election of such other officers as they may deem necessary. They shall
make and adopt such bylaws, rules and regulations for their own guidance
and for the management and control of the children's home as may be
expedient and not inconsistent with sections 96.300 to 96.380 and to that
end may employ such persons as may be necessary for said purpose. They
shall have exclusive control of all moneys collected to the credit of the
children's home fund and all of the supervision, care and custody of said
home; provided, that all moneys received for such home shall be deposited
in the treasury of said city to the credit of the children's home fund
and shall be kept separate and apart from other moneys of such city and
drawn upon by the proper officers of said city upon the properly
authenticated vouchers of the children's home board; said board shall
have power to appoint a suitable person to take charge of the management
and control of said home, and all necessary assistants for such person
and fix their compensation and shall have power to remove such appointees
and shall in general carry out the spirit and intent of sections 96.300
to 96.380, in establishing and maintaining a home for orphan children and
the children of indigent parents. (RSMo 1939 § 9662)
Prior revisions: 1929 § 14125; 1919 § 1129
The board of directors shall have power to make all necessary
rules and regulations for the admission of children to said home, but no
child shall be admitted thereto who has not been a bona fide resident of
said city for a period of not less than three months next immediately
preceding his admission to said home, and in the admission of children,
preference shall be given to those whose parents are both dead or who
have abandoned them; provided, that no religious or sectarian requirement
shall ever be made for such admission. (RSMo 1939 § 9663)
Prior revisions: 1929 § 14126; 1919 § 1130
The board of directors shall have power to fix and maintain such
charges as they deem proper for the admission and retention of children
in said home, to the end that parents who are able to contribute to the
support of their children may be required to do so, according to their
ability. (RSMo 1939 § 9664)
Prior revisions: 1929 § 14127; 1919 § 1131
The said board of directors shall make, on or before the second
Monday in June, an annual report to the city council, stating the
condition of said home on the first day of May of that year, the various
sums of money received from the children's home fund and from other
sources, and how such moneys have been expended and for what purposes,
with such other statistics, information and suggestions as they may deem
of general interest. All such portions of said report as relate to the
receipt and expenditure of money shall be verified by affidavit. (RSMo
1939 § 9665)
Prior revisions: 1929 § 14128; 1919 § 1132
Any person desiring to make donations of money, personal property
or real estate, for the benefit of such orphan children or the children
of indigent parents, of such city, shall have a right to vest the title
to the money or real estate so donated in the board of directors created
under sections 96.300 to 96.380, to be held and controlled by such board,
when accepted, according to the terms of the deed, gift, devise or
bequest of such property; and as to such property, the said board shall
be held and considered to be special trustees. (RSMo 1939 § 9666)
Prior revisions: 1929 § 14129; 1919 § 1133
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