reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.020 - City limits may be altered, how.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1978
79.020. City limits may be altered, how. —
The mayor and board of aldermen of such city, whether the same shall have been incorporated before becoming a city of the fourth class or not, with the consent of a majority of the voters of such city voting on the question, shall have power to extend the limits of the city over territory adjacent thereto, and to diminish the limits of the city by excluding territory therefrom, and shall, in every case, have power, with the consent of the voters as aforesaid, to extend or diminish the city limits in such manner as in their judgment and discretion may redound to the benefit of the city.
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(RSMo 1939 § 7097, A. 1949 H.B. 2029, A.L. 1978 H.B. 971)
Prior revisions: 1929 § 6947; 1919 § 8398; 1909 § 9300
(1973) The term adjacent as used in this section clearly means that territory to be annexed must be either abutting and touching the annexing municipality or not have territory of the same kind intervening between it and the annexing municipality. City of St. Ann. v. Spanos (A.), 490 S.W.2d 563.
(1974) Parcels to be annexed must be adjacent to city but need not be adjacent to each other. City of St. Peters v. Kodner Development Corp. (A.), 509 S.W.2d 788.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.025 - Annexation of territory prohibited, when (City of Byrnes Mill).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 25 May 2010, see footnote
79.025. Annexation of territory prohibited, when (City of Byrnes Mill). —
No city of the fourth classification with more than two thousand three hundred but fewer than two thousand four hundred inhabitants and located in any county with a charter form of government and with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants shall annex any territory adjacent to the city if such adjacent territory proposed for annexation does not contain any registered voters unless the city has obtained the written consent of all the owners of real property within such adjacent territory.
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(L. 2010 H.B. 1806 merged with S.B. 942)
Effective 5-25-10 (H.B. 1806); 8-28-10 (S.B. 942)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.030 - Election of officers.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1989
79.030. Election of officers. —
An election for the elective officers of each city of the fourth class shall be held after the organization of such city under the provisions of this chapter, and on municipal election days every two years thereafter, except that cities may provide by ordinance that beginning with the election of a collector after January 1, 1990, collectors shall be elected every four years.
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(RSMo 1939 § 7099, A.L. 1978 H.B. 971, A.L. 1989 H.B. 785)
Prior revisions: 1929 § 6949; 1919 § 8400; 1909 § 9302
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.035 - Primary election may be held, procedure, cost, exception.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1981
79.035. Primary election may be held, procedure, cost, exception. —
1. In all cities of the fourth class, except those in a county of the first class with a charter form of government and which adjoins a city not within a county, the governing body may provide for a primary election, to be held on one of the days specified in section 115.123, only by ordinance. Any city adopting such an ordinance shall file a certified copy thereof with the secretary of state within thirty days of its adoption, and shall not hold a primary election sooner than sixty days after its adoption.
2. In lieu of establishing its own election authority to conduct its primary or general elections, or both, the appropriate election authority of the county in which a fourth class city is located shall conduct such elections. All costs incurred in conducting such primary and general elections, including those incurred by a county election authority under this subsection, shall be paid by the fourth class city for which the elections are held.
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(L. 1981 H.B. 18 § 2)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.040 - Election ordered.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 02 Jan 1979, see footnote
79.040. Election ordered. —
If, at any time, by reason of nonacceptance, resignation, refusal to qualify, or for any other cause, there shall be no officers of the city to order an election, any commissioner of the county commission, or associate circuit judge of the county, is empowered to order and hold an election for city officers.
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(RSMo 1939 § 7100, A. 1949 H.B. 2029, A.L. 1978 H.B. 971, H.B. 1634)
Prior revisions: 1929 § 6950; 1919 § 8401; 1909 § 9303
Effective 1-02-79
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.055 - City marshal, training requirements, fourth class cities.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1997
79.055. City marshal, training requirements, fourth class cities. —
1. Any person who is elected to his first term as city marshal in a general election or in a special election in any fourth class city of this state shall, within six months of such election, cause to be filed with the city clerk of the city and director of the department of public safety proof that he has completed the training program formulated pursuant to sections 590.170 and 590.175, or some other comparable training program of not less than one hundred twenty hours' instruction approved by the director of the department of public safety. If the newly elected city marshal is unable to complete the training program within six months due to the proper course not being available from the department of public safety, an extension may be granted until such a course is made available.
2. Whether any person elected to his first term as city marshal attends such a training program prior to or after assuming the duties of his office shall be left to the discretion of the governing body of the city from which he was elected. During the time that a marshal-elect is enrolled in such a training program, he shall be hired as a city employee and receive as full compensation from the city from which he was elected, compensation at a rate equal to that of city marshal.
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(L. 1997 H.B. 69 & 179 & H.B. 669 § 2)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.060 - City to be divided into wards — aldermen elected — aldermen at large permitted for certain cities.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 2006
79.060. City to be divided into wards — aldermen elected — aldermen at large permitted for certain cities. —
1. The board of aldermen shall, by ordinance, divide the city into not less than two wards, and two aldermen shall be elected from each ward by the qualified voters thereof, at the first election for aldermen in cities adopting the provisions of this chapter. At such election for aldermen, the person receiving the highest number of votes in each ward shall hold his office for two years, and the person receiving the next highest number of votes shall hold his office for one year; but thereafter each ward shall elect annually one alderman, who shall hold his office for two years.
2. Notwithstanding the provisions of subsection 1 of this section, cities with a population of one thousand or less in the most recent census may, by ordinance, choose to elect aldermen at large instead of by the method outlined in subsection 1 of this section. Under this option, the seats of aldermen shall be filled at large as soon as the current terms expire. Each year thereafter, one-half of the board of aldermen shall stand for election at large for a two-year term.
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(RSMo 1939 § 7113, A.L. 2006 H.B. 977)
Prior revisions: 1929 § 6963; 1919 § 8414; 1909 § 9316
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.070 - Aldermen, qualifications.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 2013
79.070. Aldermen, qualifications. —
No person shall be an alderman unless he or she is at least eighteen years of age, a citizen of the United States, and an inhabitant and resident of the city for one year next preceding his or her election, and a resident, at the time he or she files and during the time he or she serves, of the ward from which he or she is elected.
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(RSMo 1939 § 7114, A.L. 1986 H.B. 1471, et al., A.L. 1999 H.B. 476 merged with S.B. 90, A.L. 2013 S.B. 99)
Prior revisions: 1929 § 6964; 1919 § 8415; 1909 § 9317
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.080 - Mayor, qualifications.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1986
79.080. Mayor, qualifications. —
No person shall be mayor unless he be at least twenty-five years of age, a citizen of the United States and a resident of the city at the time of and for at least one year next preceding his election.
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(RSMo 1939 § 7102, A.L. 1986 H.B. 1471, et al.)
Prior revisions: 1929 § 6952; 1919 § 8403; 1909 § 9305
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.090 - Board to select an acting president, term.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1983
79.090. Board to select an acting president, term. —
The board shall elect one of their own number who shall be styled "acting president of the board of aldermen" and who shall serve for a term of one year.
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(RSMo 1939 § 7111, A.L. 1983 S.B. 234)
Prior revisions: 1929 § 6961; 1919 § 8412; 1909 § 9314
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.100 - Acting president to perform duties of mayor, when.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.100. Acting president to perform duties of mayor, when. —
When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or from any other cause whatever, the acting president of the board of aldermen shall, for the time being, perform the duties of mayor, with all the rights, privileges, powers and jurisdiction of the mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the mayor's return.
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(RSMo 1939 § 7112)
Prior revisions: 1929 § 6962; 1919 § 8413; 1909 § 9315
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.110 - Mayor and board — duties.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.110. Mayor and board — duties. —
The mayor and board of aldermen of each city governed by this chapter shall have the care, management and control of the city and its finances, and shall have power to enact and ordain any and all ordinances not repugnant to the constitution and laws of this state, and such as they shall deem expedient for the good government of the city, the preservation of peace and good order, the benefit of trade and commerce and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same.
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(RSMo 1939 § 7168)
Prior revisions: 1929 § 7018; 1919 § 8469; 1909 § 9371
CROSS REFERENCES:
Licenses, certain businesses and occupations subject to tax and regulation, 94.230, 94.270
Public utilities, certain cities may own and operate, 91.450
Taxing powers--may provide for public works, 88.670, 94.200
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.120 - Mayor may sit in board.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.120. Mayor may sit in board. —
The mayor shall have a seat in and preside over the board of aldermen, but shall not vote on any question except in case of a tie, nor shall he preside or vote in cases when he is an interested party. He shall exercise a general supervision over all the officers and affairs of the city, and shall take care that the ordinances of the city, and the state laws relating to such city, are complied with.
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(RSMo 1939 § 7103)
Prior revisions: 1929 § 6953; 1919 § 8404; 1909 § 9306
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.130 - Ordinances — procedure to enact — inapplicable, when.

There are multiple enactments of 79.130
Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 2014, 2 histories
*79.130. Ordinances — procedure to enact — inapplicable, when. —
1. The style of the ordinances of the city shall be: "Be it ordained by the board of aldermen of the city of ______, as follows:" No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the board of aldermen shall vote for it, and the ayes and nays be entered on the journal. Every proposed ordinance shall be introduced to the board of aldermen in writing and shall be read by title or in full two times prior to passage, both readings may occur at a single meeting of the board of aldermen. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the board of aldermen. No bill shall become an ordinance until it shall have been signed by the mayor or person exercising the duties of the mayor's office, or shall have been passed over the mayor's veto, as herein provided.
2. The provisions of this section shall not apply to ordinances proposed or passed under section 79.135.
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(RSMo 1939 § 7166, A.L. 1988 H.B. 1435, A.L. 2014 S.B. 672)
Prior revisions: 1929 § 7016; 1919 § 8467; 1909 § 9369
*Revisor's Note: This section was declared unconstitutional in Calzone v. Koster, et al., see 2016 annotation below.
CROSS REFERENCE:
Ordinances, codification and revision procedure, 71.940 to 71.948
(1954) In action involving validity of tax bills for street improvements issued under ordinances where yeas and nays were not entered on journal as required by this section, but minutes showed presence of all or quorum of aldermen and mayor and that all voted for ordinances, court could order correction of record to show yeas and nays. Frago v. City of Irondale, 364 Mo. 500, 263 S.W.2d 356.
(2016) Provisions of S.B. 672 from 2014 declared unconstitutional as violating the single subject rule of Article III, § 23; under the facts presented, those provisions cannot be severed and the bill is unconstitutional in its entirety. Calzone v. Koster, et al., Case No. 15AC-CC00247 (Cole County Cir. Ct., Feb. 9, 2016).
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.130 - Ordinances — procedure to enact.

There are multiple enactments of 79.130
Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 13 Aug 1988, 2 histories, see footnote
*79.130. Ordinances — procedure to enact. —
The style of the ordinances of the city shall be: "Be it ordained by the board of aldermen of the city of ______, as follows:" No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the board of aldermen shall vote for it, and the ayes and nays be entered on the journal. Every proposed ordinance shall be introduced to the board of aldermen in writing and shall be read by title or in full two times prior to passage, both readings may occur at a single meeting of the board of aldermen. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the board of aldermen. No bill shall become an ordinance until it shall have been signed by the mayor or person exercising the duties of the mayor's office, or shall have been passed over the mayor's veto, as herein provided.
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(RSMo 1939 § 7166, A.L. 1988 H.B. 1435)
Prior revisions: 1929 § 7016; 1919 § 8467; 1909 § 9369
Effective 8-13-88
*Revisor's Note: This section is reprinted in accordance with section 3.066. S.B. 672 in 2014 amended this section and was declared unconstitutional as a violation of Art. III, Sec. 23, of the Missouri Constitution (see 2016 annotation below), rendering the repeal and reenactment of this section ineffective.
CROSS REFERENCE:
Ordinances, codification and revision procedure, 71.940 to 71.948
(1954) In action involving validity of tax bills for street improvements issued under ordinances where yeas and nays were not entered on journal as required by this section, but minutes showed presence of all or quorum of aldermen and mayor and that all voted for ordinances, court could order correction of record to show yeas and nays. Frago v. City of Irondale, 364 Mo. 500, 263 S.W.2d 356.
(2016) Provisions of S.B. 672 from 2014 declared unconstitutional as violating the single subject rule of Article III, § 23; under the facts presented, those provisions cannot be severed and the bill is unconstitutional in its entirety. Calzone v. Koster, et al., Case No. 15AC-CC00247 (Cole County Cir. Ct., Feb. 9, 2016).
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.140 - Bills must be signed — mayor's veto.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.140. Bills must be signed — mayor's veto. —
Every bill duly passed by the board of aldermen and presented to the mayor and by him approved shall become an ordinance, and every bill presented as aforesaid, but returned with the mayor's objections thereto, shall stand reconsidered. The board of aldermen shall cause the objections of the mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form: Shall the bill pass, the objections of the mayor thereto notwithstanding? The vote on this question shall be taken by ayes and nays and the names entered upon the journal, and if two-thirds of all the members-elect shall vote in the affirmative, the city clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and with like effect as if it had received the approval of the mayor. The mayor shall have power to sign or veto any ordinance passed by the board of aldermen; provided, that should he neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the board of aldermen, the same shall become a law without his signature.
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(RSMo 1939 § 7167)
Prior revisions: 1929 § 7017; 1919 § 8468; 1909 § 9370
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.150 - Board to keep journal of proceedings.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.150. Board to keep journal of proceedings. —
The board of aldermen shall cause to be kept a journal of its proceedings, and the ayes and nays shall be entered on any question at the request of any two members. The board of aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
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(RSMo 1939 § 7117)
Prior revisions: 1929 § 6967; 1919 § 8418; 1909 § 9320
(1954) Contract for engineering services signed by mayor and attested by clerk held invalid when not authorized by action of board of aldermen recorded in journal of proceedings of city, and money paid thereunder may be recovered by city. Fulton v. City of Lockwood (Mo.), 269 S.W.2d 1.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.160 - Board shall publish semiannual statements.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
• Effective - 28 Aug 1979
79.160. Board shall publish semiannual statements. —
The board of aldermen shall semiannually each year, at times to be set by the board of aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the city for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the city.
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(RSMo 1939 § 7115, A.L. 1979 H.B. 334)
Prior revisions: 1929 § 6965; 1919 § 8416; 1909 § 9318
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.165 - No money of city to be disbursed until statement is published — penalty.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1979
79.165. No money of city to be disbursed until statement is published — penalty. —
In the event the financial statement of any fourth class city is not published as required by section 79.160, the treasurer of such city shall not pay out any money of the city on any warrant or order of the board of aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any treasurer violating the provisions of this section shall be deemed guilty of a class A misdemeanor.
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(L. 1951 p. 346 § 1, A.L. 1979 H.B. 334)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.180 - Board may compel attendance of witnesses — mayor to administer oaths.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.180. Board may compel attendance of witnesses — mayor to administer oaths. —
The board of aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the city is involved, and shall have power to call on the proper officers of the city, or of the county in which such city is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the circuit court for similar services, to be paid by the city. The mayor or acting president of the board of aldermen shall have power to administer oaths to witnesses.
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(RSMo 1939 § 7116)
Prior revisions: 1929 § 6966; 1919 § 8417; 1909 § 9319
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.190 - Mayor to sign commissions.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1993
79.190. Mayor to sign commissions. —
The mayor shall sign the commissions and appointments of all city officers elected or appointed in the city, and shall approve all official bonds unless otherwise prescribed by ordinance.
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(RSMo 1939 § 7104, A.L. 1993 H.B. 206)
Prior revisions: 1929 § 6954; 1919 § 8405; 1909 § 9307
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.200 - Mayor shall have the power to enforce laws.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.200. Mayor shall have the power to enforce laws. —
The mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the city, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he is hereby authorized to call on every male inhabitant of the city over eighteen years of age and under fifty, to aid in enforcing the laws.
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(RSMo 1939 § 7108)
Prior revisions: 1929 § 6958; 1919 § 8409; 1909 § 9311
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.210 - Mayor — communications to board.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.210. Mayor — communications to board. —
The mayor shall, from time to time, communicate to the board of aldermen such measures as may, in his opinion, tend to the improvement of the finances, the police, health, security, ornament, comfort and general prosperity of the city.
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(RSMo 1939 § 7105)
Prior revisions: 1929 § 6955; 1919 § 8406; 1909 § 9308
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.220 - Mayor may remit fine, grant pardon.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.220. Mayor may remit fine, grant pardon. —
The mayor shall have power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under the ordinances of the city; but this section shall not be so construed as to authorize the mayor to remit any costs which may have accrued to any officer of said city by reason of any prosecution under the laws or ordinances of such city.
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(RSMo 1939 § 7109)
Prior revisions: 1929 § 6959; 1919 § 8410; 1909 § 9312
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.230 - Appointive officers.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.230. Appointive officers. —
The mayor, with the consent and approval of the majority of the members of the board of aldermen, shall have power to appoint a treasurer, city attorney, city assessor, street commissioner and night watchman, and such other officers as he may be authorized by ordinance to appoint, and if deemed for the best interests of the city, the mayor and board of aldermen may, by ordinance, employ special counsel to represent the city, either in a case of a vacancy in the office of city attorney or to assist the city attorney, and pay reasonable compensation therefor, and the person elected marshal may be appointed to and hold the office of street commissioner.
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(RSMo 1939 § 7110)
Prior revisions: 1929 § 6960; 1919 § 8411; 1909 § 9313
CROSS REFERENCES:
Administrator, appointment, 77.042
Policemen, number prescribed by ordinance, 85.620
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.240 - Removal of officers.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 2013
79.240. Removal of officers. —
1. The mayor may, with the consent of a majority of all the members elected to the board of aldermen, remove from office, for cause shown, any elective officer of the city, such officer being first given opportunity, together with his witnesses, to be heard before the board of aldermen sitting as a board of impeachment. Any elective officer, including the mayor, may in like manner, for cause shown, be removed from office by a two-thirds vote of all members elected to the board of aldermen, independently of the mayor's approval or recommendation. The mayor may, with the consent of a majority of all the members elected to the board of aldermen, remove from office any appointive officer of the city at will, and any such appointive officer may be so removed by a two-thirds vote of all the members elected to the board of aldermen, independently of the mayor's approval or recommendation. The board of aldermen may pass ordinances regulating the manner of impeachments and removals.
2. Nothing in this section shall be construed to authorize the mayor, with the consent of the majority of all the members elected to the board of aldermen, or the board of aldermen by a two-thirds vote of all its members, to remove or discharge any chief, as that term is defined in section 106.273.
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(RSMo 1939 § 7107, A.L. 2013 H.B. 307)
Prior revisions: 1929 § 6957; 1919 § 8408; 1909 § 9310
(1980) City ordinance appearing to give administrator power to remove employees only for cause did not affect delegation of power by board of aldermen to remove employees "at will". State ex rel. Gorris v. Mussman (A.), 612 S.W.2d 357.
(1980) Statute with clause authorizing board of aldermen to make rules and regulations governing city administrator's power to appoint and discharge employees strongly suggests that legislature contemplated variations in extent of dismissal power delegated to city administrator. State ex rel. Gorris v. Mussman (A.), 612 S.W.2d 357.
(1981) Statute which authorized mayor of fourth class city, with consent of majority board of aldermen, to remove at will an appointive officer of city did not violate Fourteenth Amendment equal protection rights of police officers who were "laid off". Amaan v. City of Eureka (Mo.), 615 S.W.2d 214.
(1986) An employee of a fourth class city whose employment is terminable at will has no property right in employment for purposes of federal civil rights action. Robinson v. City of Montgomery, 651 F.Supp. 493 (E.D. Mo.).
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.250 - Officers to be voters and residents — exceptions, appointed officers.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1994
79.250. Officers to be voters and residents — exceptions, appointed officers. —
All officers elected to offices or appointed to fill a vacancy in any elective office under the city government shall be voters under the laws and constitution of this state and the ordinances of the city except that appointed officers need not be voters of the city. No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid city taxes, or forfeiture or defalcation in office. All officers, except appointed officers, shall be residents of the city.
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(RSMo 1939 § 7119, A.L. 1967 p. 159, A.L. 1969 p. 135, A.L. 1978 H.B. 971, A.L. 1987 S.B. 393, A.L. 1994 S.B. 517)
Prior revisions: 1929 § 6969; 1919 § 8420; 1909 § 9322
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.260 - Officers' oath — bond.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
• Effective - 28 Aug 1939
79.260. Officers' oath — bond. —
Every officer of the city and his assistants, and every alderman, before entering upon the duties of his office, shall take and subscribe to an oath or affirmation before some court of record in the county, or the city clerk, that he possesses all the qualifications prescribed for his office by law; that he will support the Constitution of the United States and of the state of Missouri, the provisions of all laws of this state affecting cities of this class, and the ordinances of the city, and faithfully demean himself while in office; which official oath or affirmation shall be filed with the city clerk. Every officer of the corporation, when required by law or ordinance, shall, within fifteen days after his appointment or election, and before entering upon the discharge of the duties of his office, give bond to the city in such sum and with such sureties as may be designated by ordinance, conditioned upon the faithful performance of his duty, and that he will pay over all moneys belonging to the city, as provided by law, that may come into his hands. If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, or to give bond as herein required, his office shall be deemed vacant. For any breach of condition of any such bond, suit may be instituted thereon by the city, or by any person in the name of the city to the use of such person.
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(RSMo 1939 § 7120)
Prior revisions: 1929 § 6970; 1919 § 8421; 1909 § 9323
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.270 - Salaries fixed by ordinance.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.270. Salaries fixed by ordinance. —
The board of aldermen shall have power to fix the compensation of all the officers and employees of the city, by ordinance. But the salary of an officer shall not be changed during the time for which he was elected or appointed.
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(RSMo 1939 § 7121)
Prior revisions: 1929 § 6971; 1919 § 8422; 1909 § 9324
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.280 - Vacancies in certain offices, how filled.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1999
79.280. Vacancies in certain offices, how filled. —
If a vacancy occurs in any elective office, the mayor or the person exercising the duties of the mayor shall cause a special meeting of the board of aldermen to convene where a successor to the vacant office shall be selected by appointment by the mayor with the advice and consent of a majority of the remaining members of the board of aldermen. If the vacancy is in the office of mayor, nominations of a successor may be made by any member of the board of aldermen and selected with the consent of a majority of the members of the board of aldermen. The board of aldermen may adopt procedures to fill vacancies consistent with this section. The successor shall serve until the next regular municipal election. If a vacancy occurs in any office not elective, the mayor shall appoint a suitable person to discharge the duties of such office until the first regular meeting of the board of aldermen thereafter, at which time such vacancy shall be permanently filled.
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(RSMo 1939 § 7123, A.L. 1978 H.B. 971, A.L. 1982 S.B. 526, A.L. 1985 H.B. 620, A.L. 1989 H.B. 230, A.L. 1999 S.B. 214)
Prior revisions: 1929 § 6973; 1919 § 8424; 1909 § 9326
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.290 - Powers and duties of officers to be prescribed by ordinance.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.290. Powers and duties of officers to be prescribed by ordinance. —
The duties, powers and privileges of officers of every character in any way connected with the city government, not herein defined, shall be prescribed by ordinance. And bonds may be required of any such officers for faithfulness in office in all respects.
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(RSMo 1939 § 7124)
Prior revisions: 1929 § 6974; 1919 § 8425; 1909 § 9327
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.300 - Treasurer, duties — bond.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.300. Treasurer, duties — bond. —
The treasurer shall receive and safely keep all moneys, warrants, books, bonds and obligations entrusted to his care, and shall pay over all moneys, bonds or other obligations of the city on warrants or orders, duly drawn, passed or ordered by the board of aldermen, and signed by the mayor and attested by the city clerk, and having the seal of the city affixed thereto, and not otherwise; and shall perform such other duties as may be required of him by ordinance. Before entering upon the duties of his office he shall give bond in such sum as may be required by ordinance.
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(RSMo 1939 § 7192)
Prior revisions: 1929 § 7042; 1919 § 8493; 1909 § 9395
CROSS REFERENCE:
City depositary, selection of, 95.355
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.310 - Collector to make annual report.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.310. Collector to make annual report. —
The collector shall, annually, at such times as may be designated by ordinance, make a detailed report to the board of aldermen, stating the various moneys collected by him during the year, and the amounts uncollected and the names of the persons from which he failed to collect and the causes therefor.
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(RSMo 1939 § 7193)
Prior revisions: 1929 § 7043; 1919 § 8494; 1909 § 9396
CROSS REFERENCE:
Collector to settle monthly with treasurer, 95.360
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.320 - City clerk, election — duties.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.320. City clerk, election — duties. —
The board of aldermen shall elect a clerk for such board, to be known as "the city clerk", whose duties and term of office shall be fixed by ordinance. Among other things, the city clerk shall keep a journal of the proceedings of the board of aldermen. He shall safely and properly keep all the records and papers belonging to the city which may be entrusted to his care; he shall be the general accountant of the city; he is hereby empowered to administer official oaths and oaths to persons certifying to demands or claims against the city.
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(RSMo 1939 § 7118)
Prior revisions: 1929 § 6968; 1919 § 8419; 1909 § 9321
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.330 - Offices of marshal and collector may be consolidated.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.330. Offices of marshal and collector may be consolidated. —
The board of aldermen may by ordinance provide that hereafter the same person shall hold the offices of marshal and collector, in which case his official title shall be "marshal and ex officio collector".
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(RSMo 1939 § 7225)
Prior revisions: 1929 § 7075; 1919 § 8525; 1909 § 9426
CROSS REFERENCE:
Marshal to be chief of police--powers and duties, 85.610
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.340 - Officers to report receipts and expenditures.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.340. Officers to report receipts and expenditures. —
It shall be the duty of all the officers of the city to report annually to the board of aldermen, such reports to embrace a full statement of the receipts and expenditures of their respective offices, and such other matters as may be required by the board of aldermen, by ordinance, resolution or otherwise.
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(RSMo 1939 § 7194)
Prior revisions: 1929 § 7044; 1919 § 8495; 1909 § 9397
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.350 - Mayor or board may inspect books and records of officers.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.350. Mayor or board may inspect books and records of officers. —
The mayor or board of aldermen shall have power, as often as he or they may deem it necessary, to require any officer of the city to exhibit his accounts or other papers or records, and to make report to the board of aldermen, in writing, touching any matter relating to his office.
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(RSMo 1939 § 7106)
Prior revisions: 1929 § 6956; 1919 § 8407; 1909 § 9309
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.360 - Misdemeanor in office, penalty.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.360. Misdemeanor in office, penalty. —
Any member of the board of aldermen or officer of the city who shall, in official capacity, or under color of his office, knowingly or willfully or corruptly vote or assent to, or report in favor of or allow or certify for allowance, any claim or demand against the city, which claim or demand shall be on account of or under color of a contract or agreement not authorized by law and the ordinances of the city, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than one year or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.
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(RSMo 1939 § 7195)
Prior revisions: 1929 § 7045; 1919 § 8496; 1909 § 9398
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.365 - Compensation of certain board and commission members, how fixed.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1998
79.365. Compensation of certain board and commission members, how fixed. —
Notwithstanding any other provision of law to the contrary, in all cities of the fourth class, the board of alderpersons shall have the authority to fix the compensation, not to exceed two hundred dollars per month, of members of the planning and zoning commission, the board of adjustment, the park board and the board of police commissioners of the city by ordinance.
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(L. 1997 H.B. 710, A.L. 1998 H.B. 1304)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.370 - Board shall regulate sanitary conditions.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.370. Board shall regulate sanitary conditions. —
The board of aldermen shall have power, by ordinance, to secure the general health of the inhabitants of the city by any measure to regulate, suppress and abate slaughterhouses, slaughtering animals, stockyards, soap and other factories, pig pens, cow stables, and other stables and dairies, and to remove the same, and to regulate or prevent the carrying on of any business which may be dangerous or detrimental to the public health, or the manufacturing or rendering of articles obnoxious to the health of the inhabitants; and to pass ordinances for the prevention of nuisances and their abatement.
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(RSMo 1939 § 7176)
Prior revisions: 1929 § 7026; 1919 § 8477; 1909 § 9379
(1955) Fourth class city may not prohibit slaughterhouses under this section; it may stop the operation of such as become nuisances and make reasonable regulations for their operation. State ex rel. Jack Frost Abattoirs, Inc. v. Steinbach (A.), 274 S.W.2d 588.
(1964) City of fourth class is not empowered by this statute to prohibit slaughterhouses since the words "regulate, suppress and abate" refer to actions directed toward something in existence, while "prohibit" prevents its coming into existence. State ex rel. Daniels v. Kasten (A.), 382 S.W.2d 714.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.380 - Diseases, control of — condemnation for public facilities — police jurisdiction, city-owned property.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1969
79.380. Diseases, control of — condemnation for public facilities — police jurisdiction, city-owned property. —
The board of aldermen may make regulations and pass ordinances for the prevention of the introduction of contagious diseases in the city, and for the abatement of the same, and may make quarantine laws and enforce the same within five miles of the city. They may purchase or condemn and hold for the city, within or without the city limits, or within ten miles therefrom, all necessary lands for hospital purposes, waterworks, sewer carriage and outfall, and erect, establish and regulate hospitals, workhouses, poorhouses, airports and provide for the government and support of the same, and make regulations to secure the general health of the city, and to prevent and remove nuisances; except that the condemnation of any property outside of the city limits shall be regulated in all respects as the condemnation of property for railroad purposes is regulated by law. The police jurisdiction of the city shall extend over such land and property to the same extent as over other city property, as provided in this chapter.
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(RSMo 1939 § 7173, A.L. 1969 p. 136)
Prior revisions: 1929 § 7023; 1919 § 8474; 1909 § 9376
CROSS REFERENCE:
Waterworks, cities may own and operate, 91.090 to 91.300
(1960) Fourth class city held not subject to county zoning ordinance in connection with its sewage treatment plant located two and a half miles from city limits. State ex rel. Askew v. Kopp (Mo.), 330 S.W.2d 882.
(1962) Injunction issued to prevent city of fourth class from constructing and maintaining sewage treatment facilities outside city limits in area designated by zoning ordinance of constitutional charter county as residential. St Louis County v. City of Manchester (Mo.), 360 S.W.2d 638.
(1967) Sections 71.680 and 79.380, RSMo, when considered in pari materia, authorize condemnation by fourth class cities of easements and land for sewer lines and lagoons within five miles of the city, and by necessary implication, such cities have the authority to condemn an access easement in order to construct and maintain sewer lines and lagoons. State v. Riley (Mo.), 417 S.W.2d 1.
(1998) Nothing in this section authorizes city to condemn existing hospital in order to operate it for same use. Smithville v. St. Luke's Northland Hospital, 972 S.W.2d 416 (W.D.Mo.).
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.383 - Abatement of nuisance by civil action, city may be awarded attorney's fees.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1993
79.383. Abatement of nuisance by civil action, city may be awarded attorney's fees. —
1. If any fourth class city shall enact an ordinance allowing for a civil cause of action for abatement of nuisances created by the accumulation of unsightly, dangerous, or noxious personal property within the borders of such city, the city may, upon successful prosecution of such cause of action, be awarded by the court reasonable attorney's fees incurred in such action.
2. This section shall not be construed to allow any award of attorney's fees in any municipal court hearing on criminal charges or traffic violations.
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(L. 1993 H.B. 217)