reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.320 - Tenure — qualifications.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.320. Tenure — qualifications. —
In cities wherein civil service commissioners have been appointed under the provisions of sections 78.010 to 78.420, each succeeding council shall as soon as practicable after organizing appoint one commissioner for four years who shall take the place of the commissioner whose term of office expires. The chairman of the commission for each biennial period shall be the member whose term first expires. No person while on the said commission shall hold or be a candidate for any office of public trust. Two members shall constitute a quorum to transact business. The commissioners must be citizens of Missouri and residents of the city for more than three years next preceding their appointment.
­­--------
(RSMo 1939 § 7069)
Prior revisions: 1929 § 6919; 1919 § 8386
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.330 - Removal — council to supply necessary equipment.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.330. Removal — council to supply necessary equipment. —
The council may remove any of said commissioners during their term of office for cause and shall fill any vacancy that may occur in said commission for the unexpired term. The city council shall provide suitable rooms in which the said civil service commission may hold its meetings. They shall have a clerk who shall keep a record of all its meetings, such city to supply the said commission with all the necessary equipment to properly attend to such business.
­­--------
(RSMo 1939 § 7069)
Prior revisions: 1929 § 6919; 1919 § 8386
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.340 - Oath.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 2013
78.340. Oath. —
1. Before entering upon the duties of their office each of said commissioners shall take and subscribe an oath, which shall be filed and kept in the office of the city clerk, to support the Constitution of the state of Missouri and to obey the laws and aim to secure and maintain an honest and efficient force free from partisan distinction or control, and to perform the duties of his office to the best of his ability.
2. Nothing in this section shall be construed to authorize the commissioners to remove or discharge any chief, as that term is defined in section 106.273.
­­--------
(RSMo 1939 § 7069, A.L. 2013 H.B. 307)
Prior revisions: 1929 § 6919; 1919 § 8386
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.350 - Examination of applicants.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.350. Examination of applicants. —
Said commission shall, on the first Tuesdays in April and October of each year, or oftener if it shall be deemed necessary, under such rules and regulations as may be prescribed by the council, hold examinations for the purpose of determining the qualifications of applicants for positions, which examination shall be practical and shall fairly test the fitness of persons examined to discharge the duties of the position to which they seek to be appointed. Said commission shall as soon as possible after such examination certify to the council double the number of persons necessary to fill vacancies, who according to its records have the highest standing for the positions they seek to fill, and all vacancies which occur that come under the civil service prior to the date of the next regular examination shall be filled from said list so certified; provided, however, that should the list become exhausted, then the council or the head of the proper department may temporarily fill a vacancy, but not to exceed thirty days.
­­--------
(RSMo 1939 § 7069)
Prior revisions: 1929 § 6919; 1919 § 8386
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.360 - Removal from office.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1953
78.360. Removal from office. —
All persons under civil service shall be subject to removal from office or employment by the council for misconduct or failure to perform their duties under such rules and regulations as it may adopt, and the chief of police, chief of the fire department or any superintendent or foreman in charge of municipal work may peremptorily suspend or discharge any subordinate then under his direction for neglect of duty or disobedience of his orders, but shall within twenty-four hours thereafter report such suspension or discharge and reason therefor to the superintendent of his department, who shall thereupon affirm or revoke such discharge or suspension according to the facts. Such employee or the officer discharging or suspending him may within five days of such ruling appeal therefrom to the council, which shall fully hear and determine the matter.
­­--------
(RSMo 1939 § 7069, A.L. 1953 p. 268)
Prior revisions: 1929 § 6919; 1919 § 8386
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.370 - General powers and duties.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 02 Jan 1979, see footnote
78.370. General powers and duties. —
The council shall have the power to enforce the attendance of witnesses, the production of books and papers and power to administer oaths in the same manner and with like effect and under the same penalties as in the case of associate circuit judges exercising criminal or civil jurisdiction under the statutes of Missouri. Said commissioners shall make annual report to the council and it may require a special report from said commission at any time; and said council may prescribe such rules and regulations for the proper conduct of the business of the said commission as shall be found expedient and advisable, including restrictions on appointments, promotions, removals for cause, roster of employees, certification of records to the auditor, and restrictions on payment to persons improperly employed.
­­--------
(RSMo 1939 § 7069, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 6919; 1919 § 8386
Effective 1-02-79
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.380 - Provisions to apply to whom.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.380. Provisions to apply to whom. —
The provisions of sections 78.310 to 78.390 shall apply to all appointive officers and employees of such city except those specially named in section 78.070, commissioners of any kind (laborers whose occupation requires no special skill or fitness), election officials and mayor's secretary, and assistant attorney, where such officers are appointed; provided, however, that existing employees heretofore appointed or employed and who are performing their duties in a satisfactory manner may retain their positions without further examination, subject, however, to the approval of the council.
­­--------
(RSMo 1939 § 7069)
Prior revisions: 1929 § 6919; 1919 § 8386
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.390 - Penalties.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.390. Penalties. —
The council of such city shall have the power to pass ordinances imposing suitable penalties for the punishment of persons violating any of the provisions of sections 78.010 to 78.420 relating to the civil service commission.
­­--------
(RSMo 1939 § 7069)
Prior revisions: 1929 § 6919; 1919 § 8386
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.400 - Laws applicable — territorial limits not to change.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.400. Laws applicable — territorial limits not to change. —
All laws governing cities of the third class and not inconsistent with the provisions of sections 78.010 to 78.420 shall apply to and govern cities organized under said sections. All bylaws, ordinances and resolutions lawfully passed and in force in any such city under its former organization shall remain in force until altered or repealed by the council elected under the provisions of said sections. The territorial limits of such city shall remain the same as under its former organization and all rights and property of every description which were vested in any city under its former organization shall vest in the same under the organization herein contemplated, and no right or liability either in favor of or against it existing at the time and no suit or prosecution of any kind shall be affected by such change, unless otherwise provided for in sections 78.010 to 78.420.
­­--------
(RSMo 1939 § 7058)
Prior revisions: 1929 § 6908; 1919 § 8375
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.430 - Third class city may adopt city manager form of government — procedure.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1978
78.430. Third class city may adopt city manager form of government — procedure. —
1. Any city of the third class, or any city with a population entitling it to become a city of the third class, may become organized under the provisions of sections 78.430 to 78.640 by proceeding in the following manner: Upon petition of voters residing in the city equal in number to twenty-five percent of the votes cast for all candidates for mayor in the last preceding election, the mayor shall by proclamation submit the question of organizing under sections 78.430 to 78.640.
2. The question shall be submitted in substantially the following form:
Shall the city of ______ organize under sections 78.430 to 78.640, RSMo, providing for the city manager form of government?
3. The election thereon shall be conducted, votes canvassed, and results declared in the same manner as provided for by law in respect to other city elections of cities of the third class. If a majority of votes cast on the question is in favor of adopting the optional form of government provided for herein, the city clerk shall transmit to the secretary of state and to the county clerk of the county in which the city is located, duplicate copies of a certificate stating that the question was adopted. The city shall then proceed to organize under sections 78.430 to 78.640, by nomination of candidates and election of councilmen as herein provided. The elections shall be held at the next municipal election following the date of adoption of sections 78.430 to 78.640. If the plan is not adopted, the question of adopting the plan shall not be resubmitted to the voters of the city for adoption for at least one year thereafter, and then the question of adoption may be resubmitted upon a like petition, proclamation and notice as provided above.
­­--------
(RSMo 1939 § 7080, A.L. 1957 p. 240, A.L. 1961 p. 198, A.L. 1978 H.B. 971)
Prior revision: 1929 § 6930
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.440 - Laws shall apply, when — limits of city to remain same.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.440. Laws shall apply, when — limits of city to remain same. —
All laws governing any city under its former organization and not inconsistent with the provisions of sections 78.430 to 78.640 shall apply to and govern such city after it adopts the form of government herein provided, or all bylaws, ordinances and resolutions lawfully passed and in force in any such city under its former organization shall remain in force until altered or repealed by the council elected under the provisions of said sections. The territorial limits of such city shall remain the same as under its former organization, and all rights and property of every description which were vested in any city under its former organization shall vest in the same, under the organization herein contemplated, and no right or liability either in favor of or against it existing at the time, and no suit or prosecution of any kind shall be affected by such change unless otherwise provided for herein. The operation of any of said sections governing cities of the third class, which may be inconsistent with the provisions of said sections, shall be suspended in those cities adopting the said sections.
­­--------
(RSMo 1939 § 7094)
Prior revision: 1929 § 6944
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.450 - City may abandon plan — procedure — election — form of ballot.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 2001
78.450. City may abandon plan — procedure — election — form of ballot. —
1. Any city which has operated pursuant to the provisions of sections 78.430 to 78.630 may abandon the form of organization provided for in sections 78.430 to 78.630, by proceeding as follows: upon the petition of registered voters residing in the city numbering not less than twenty-five percent of the votes cast in the city in the last gubernatorial election, the question shall be submitted whether the city shall continue operating pursuant to sections 78.430 to 78.630, in the manner provided for the adoption of sections 78.430 to 78.630. Each petition shall contain, in addition to the printed names and signatures of each petitioner:
(1) The street and house number of each petitioner;
(2) The age of the petitioner;
(3) An accompanying affidavit of one or more of the voters of the city. The affidavit shall state:
(a) That the signers of the petition were, at the time of signing, voters of the city; and
(b) The number of signers of the petition at the time of the making of the affidavit.
2. The question shall be submitted in substantially the following form:
Shall the city manager form of government for the city of ______ be continued?
3. If a majority of the votes cast are against the continuation of the city manager form of government, then the provisions of sections 78.430 to 78.630 and all amendments thereto cease to be effective in the city and the city shall resume the form of government it abandoned when it adopted the plan provided for in sections 78.430 to 78.630, and shall organize thereunder; except that any third class city, desiring to vote on the question to determine whether or not to remain organized under the provisions of sections 78.430 to 78.630, may at the same time submit the question as to what form of government it shall adopt, if there is more than one other form provided for third class cities; but the change of form or organization shall not become effective until the next municipal election thereafter.
­­--------
(RSMo 1939 § 7095, A.L. 1957 p. 281, A.L. 1978 H.B. 971, S.B. 594, A.L. 2001 H.B. 498)
Prior revision: 1929 § 6945
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.460 - Council to consist of five members — term — vacancies, how filled.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1991
78.460. Council to consist of five members — term — vacancies, how filled. —
The council shall consist of five members, and all persons now eligible for the position of councilman under the laws governing cities of the third class shall be eligible to serve as councilmen under sections 78.430 to 78.640. The term of councilmen shall be three years, except that of the first council elected after the adoption of sections 78.430 to 78.640, one member shall serve for one year, two for two years, and two for three years. Those councilmen receiving the highest number of votes at the first municipal election shall serve for the three-year term, those receiving the next highest shall serve for the two-year term, and the other for the one-year term. In counties of the first class with a charter form of government which have a population of at least nine hundred thousand inhabitants should a vacancy occur in the office of councilman by death, resignation or otherwise, a special election may be called by the council for the purpose of filling the vacancy, and the person elected at such special election shall serve only for the unexpired term or until his successor is elected and qualified. In all other counties should a vacancy occur in the office of councilman by death, resignation or otherwise, the council shall select a successor who shall serve until the next regular election. All councilmen shall be elected at large. They shall qualify and their terms of office shall begin on the first Monday after their election. The terms of office of the mayor and councilmen or aldermen in such city, in office at the beginning of the terms of office of the council first elected under the provisions of sections 78.430 to 78.640, including all boards and commissions, shall cease and determine and the terms of office of all other city officers, whether elective or appointive, in force in such city except as herein provided shall cease and determine as soon as the council shall by resolution declare, except that the council may continue the board of public works, and the library, hospital and park boards for such time or times after organizing under sections 78.430 to 78.640 as the interests of the city in its judgment may require.
­­--------
(RSMo 1939 § 7081, A.L. 1978 H.B. 971, A.L. 1982 S.B. 526, A.L. 1991 S.B. 34)
Prior revision: 1929 § 6931
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.470 - Candidates may be nominated by primary election, exception.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1983
78.470. Candidates may be nominated by primary election, exception. —
Except as provided in section 78.530, candidates to be voted for at all general and special municipal elections at which the officers are to be elected under the provisions of sections 78.430 to 78.640 shall be nominated by a primary election, and no other names shall be placed upon the general ballot except those nominated as herein prescribed. The primary for such nominations shall be held on the first Tuesday after the first Monday in February preceding the election, and the judges of the election appointed for general or special election shall be the judges of the primary election, so far as possible.
­­--------
(RSMo 1939 § 7082, A.L. 1978 H.B. 971, A.L. 1983 S.B. 234)
Prior revision: 1929 § 6932
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.480 - Statement of candidacy if running in primary election, exception.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1983
78.480. Statement of candidacy if running in primary election, exception. —
1. Except as provided in section 78.530, any person desiring to become a candidate for councilman shall file with the city clerk a statement of such candidacy in substantially the following form:
State of Missouri,
)
) ss.
County of ______
)
I, ______, being first duly sworn, say that I reside at ______ street, city of ______, county of ______, state of Missouri; that I am a qualified voter therein; that I am a candidate for nomination to the office of councilman to be voted upon at the primary election to be held on ______ Tuesday of ______, 20______, and am eligible therefor, and I hereby request that my name be printed upon the official primary ballot for nomination by primary election for such office, and that I will serve as such officer, if elected.
(Signed)
______________________________
Subscribed and sworn to (or affirmed) before me on this ______ day of ______, 20______
(Signed)
______________________________
2. The ballots shall be in substantially the following form:
Warning: Voting for more than the total number of candidates to be chosen for any one office will invalidate this ballot.
OFFICIAL PRIMARY BALLOT
Candidates for nomination for councilmen of ______ at primary election.
FOR COUNCILMEN
Vote for (number to be elected)
☐ ______(Name of candidate)______
☐ ______(Name of candidate)______
☐ ______(Name of candidate)______
3. The names of candidates receiving the highest number of votes for councilmen, equal to twice the number to be elected, if there be so many running, shall be placed upon the official ballot for councilmen at the municipal election.
­­--------
(RSMo 1939 § 7082, A.L. 1978 H.B. 971, A.L. 1983 S.B. 234)
Prior revision: 1929 § 6932
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.510 - Primary shall not be required, when.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1978
78.510. Primary shall not be required, when. —
The primary election as provided for by sections 78.470 to 78.500 shall not be required if upon the expiration of the time for filing of statements with the city clerk of persons desiring to become a candidate for councilman, as provided for by sections 78.470 to 78.500, the number of such persons shall not exceed a number equal to twice the number to be elected at the general or special election. Within forty-eight hours after the expiration of the time for filing of such statements with the city clerk the council shall canvass the statements filed to determine from the number of statements filed whether this section shall be applicable. In the event that it is determined that the provisions shall be applicable the council shall, by ordinance, provide that a primary election under the provisions of sections 78.470 to 78.500 shall not be held and that the names of the persons filing statements shall be printed on the municipal election ballots as the nominees for councilman as provided for by sections 78.520 to 78.540; provided, however, that the names of such persons appearing on such ballot shall appear thereon in the order that they were filed with the city clerk.
­­--------
(L. 1947 V. I p. 410 § 7082a, A.L. 1978 H.B. 971)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.520 - General election — official ballot for use following a primary election.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1983
78.520. General election — official ballot for use following a primary election. —
1. Except as provided in section 78.530, the city clerk shall thereupon cause the official ballots to be printed, and upon the ballots the names of the candidates shall be arranged in the order of their vote received at the primary election, and above the names of the candidates shall appear the words "Vote for (number to be elected)".
2. The ballots shall be in substantially the following form:
Warning: Voting for more than the total number of candidates to be elected to any office will invalidate this ballot.
OFFICIAL BALLOT
Candidates for councilmen of ______ at general election.
FOR COUNCILMEN
Vote for (number to be elected)
☐ ______(Name of candidate)______
☐ ______(Name of candidate)______
☐ ______(Name of candidate)______
­­--------
(RSMo 1939 § 7083, A.L. 1963 p. 130, A.L. 1978 H.B. 971, A.L. 1983 S.B. 234)
Prior revision: 1929 § 6933
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.530 - City elections, alternative procedure eliminating primary elections.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1983, 2 histories
78.530. City elections, alternative procedure eliminating primary elections. —
1. As an alternative to conducting city elections as provided by sections 78.470 to 78.520, the city council may provide by ordinance for the elimination of the primary election and the conduct of city elections as provided in this section.
2. Any person desiring to become a candidate for councilman shall file with the city clerk a statement of such candidacy in substantially the following form:
State of Missouri,
)
) ss.
County of ______
)
I, ______, being first duly sworn, say that I reside at ______ street, city of ______, county of ______, state of Missouri; that I am a qualified voter therein; that I am a candidate for nomination to the office of councilman to be voted upon at the municipal election to be held on ______ Tuesday of ______, 20______, and am eligible therefor, and I hereby request that my name be printed upon the official ballot for such office, and that I will serve as such officer, if elected.
(Signed) ____________________________________
Subscribed and sworn to (or affirmed) before me ______ on this ______ day of ______, 20______
(Signed) ____________________________________
3. The city clerk shall thereupon cause the official ballots to be printed, and upon the ballots the names of the candidates shall appear in the order that their statements of candidacy were filed with the city clerk, and above the names of the candidates shall appear the words "Vote for (number to be elected)".
4. The ballots shall be in substantially the following form:
Warning: Voting for more than the total number of candidates to be elected to any office will invalidate this ballot.
OFFICIAL BALLOT
Candidates for councilmen of ______ at general election.
FOR COUNCILMEN
Vote for (number to be elected)
☐ ______(Name of candidate)______
☐ ______(Name of candidate)______
☐ ______(Name of candidate)______
­­--------
(L. 1983 S.B. 234)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.540 - Conduct of election — council to establish voting precincts.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1978
78.540. Conduct of election — council to establish voting precincts. —
1. If a person elected fails to qualify within thirty days after his election, the office shall be filled as if there were a vacancy in such office, as herein provided.
2. No informalities in conducting municipal elections shall invalidate the same, if they have been conducted fairly and in substantial conformity to the requirements of these sections.
3. The council shall by ordinance, resolution or otherwise, divide the city into as many voting precincts as it may deem necessary to afford all the voters a convenient opportunity of exercising the right of franchise in all municipal elections to be held in the city, and each of said precincts shall be deemed a ward within the purview of the general and primary election laws of the state.
­­--------
(RSMo 1939 § 7083, A.L. 1978 H.B. 971)
Prior revision: 1929 § 6933
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.560 - Organization of city council.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.560. Organization of city council. —
1. The city council shall at the time of organizing elect one of its members as mayor and another as chairman pro tem for a term of one year. In case the members of the city council, within five days after the time herein fixed for their organization meeting, are unable to agree upon a mayor or a chairman pro tem, of such council, then a mayor or chairman pro tem, or both, as the occasion may require, shall be selected from all the members of such council by lot and a record thereof shall be made upon the journal of the council.
2. The mayor shall preside at all meetings of the council and perform such other duties consistent with his office as may be imposed by it; and he shall have a voice and vote in its proceedings, but no veto.
3. The mayor shall be recognized as the official head of the city by the courts for the purpose of serving civil process, by the governor for the purpose of military law, and for all ceremonial purposes. The powers and duties of the mayor shall be such as are conferred upon him by sections 78.430 to 78.640, and no others.
4. If the mayor be temporarily absent from the city, or become temporarily disabled from any cause, his duties shall be performed during such absence or disability by the chairman pro tem. In the absence of both the mayor and chairman pro tem the other members of the city council shall select one of their number to perform the duties of mayor.
­­--------
(RSMo 1939 § 7084)
Prior revision: 1929 § 6934
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.570 - Powers of council — city manager.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.570. Powers of council — city manager. —
1. Except as herein otherwise provided the council of any city organizing under sections 78.430 to 78.640 shall have all of the powers now or hereafter given to the council or to the mayor and council jointly, under the law by which such city adopting said sections was governed under its former organization; and shall have such power over and control of the administration of the city government as is provided in said sections.
2. It shall be the duty of the council to pass all ordinances and other measures conducive to the welfare of the city and to the proper carrying out of the provisions of sections 78.430 to 78.640. It shall appoint a suitable person not a member of the council to be the administrative head of the city government whose official title shall be "city manager". The council shall also provide for all offices and positions in addition to those herein specified, which may become necessary for the proper carrying on of the work of the city, and shall fix the salary and compensation of all officers and employees of the city not herein provided for. All officers of the city shall be paid in equal monthly installments for their services and all employees of the city shall be paid monthly or at such shorter periods as the council shall determine. The creation of all offices and salaries attached thereto, which may be provided for by the council under sections 78.430 to 78.640, shall be by ordinance, and they shall all be for an indefinite term. The council shall also provide office rooms at the city hall or at some other convenient and suitable place in the city for the transaction of the business of the city and for the convenience of its officers.
­­--------
(RSMo 1939 § 7087)
Prior revision: 1929 § 6937
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.573 - Ordinances by initiative and referendum, procedure — exceptions — petition protesting an ordinance, procedure for repeal.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1984
78.573. Ordinances by initiative and referendum, procedure — exceptions — petition protesting an ordinance, procedure for repeal. —
1. The council may, by ordinance, adopt procedures for the initiative and referendum as provided in this section and section 78.575.
2. Any proposal to adopt an ordinance except an ordinance appropriating money, emergency ordinances and ordinances for the levying of taxes may be submitted to the council by a petition signed by at least twenty-five percent of the registered voters. The signatures, verification, authentication, inspection, certification, amendment and submission of the petition shall be the same as that provided in section 78.270.
3. When a petition to adopt an ordinance is signed by at least twenty-five percent of the registered voters, the council shall pass the ordinance without alteration, within twenty days of the clerk's certification of the petition, or submit it for a vote at the next municipal or state primary or general election. If a majority of the voters voting on the proposed ordinance vote in favor thereof, it shall thereupon become a valid and binding ordinance of the city.
4. If a petition protesting an ordinance, signed by at least twenty-five percent of the registered voters of the city, is presented to the council, the council shall reconsider such ordinance and, if it is not entirely repealed, submit the ordinance to the voters as provided by subsection 3 of this section. Such ordinance shall not remain in effect after the election unless a majority of the voters voting on the same shall vote in favor thereof. The petition shall be submitted, verified and certified in accordance with the provisions of section 78.270
*
.
­­--------
(L. 1984 S.B. 632)
*Section number "73.270" appears in original rolls.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.575 - Form for submission of the question — repeal or amendment of ordinances adopted by initiative and referendum.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1984
78.575. Form for submission of the question — repeal or amendment of ordinances adopted by initiative and referendum. —
1. The question shall be submitted in substantially the following form:
Shall the following ordinance be (adopted) (repealed)? (Set out ordinance).
2. Any ordinance proposed by petition, or which is adopted by a vote of the people, cannot be repealed or amended by the council for a period of two years after the adoption of the ordinance except by a unanimous vote of all members of the council. Any number of proposed ordinances may be voted upon at the same election. The council may submit a proposition for the repeal of any such ordinance or for amendments thereto, to be voted upon at any municipal election. Should the proposition receive a majority of the votes cast thereon, it shall be repealed or amended accordingly.
­­--------
(L. 1984 S.B. 632)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.580 - Quorum to do business.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.580. Quorum to do business. —
Three members of the council shall constitute a quorum to do business; but no action thereof shall be valid unless at least three shall vote in favor of such action. Upon every vote the yeas and nays shall be called and recorded and every motion, resolution, and ordinance shall be reduced to writing before the vote is taken thereon. Every resolution or ordinance passed by the council must be signed by the mayor or in his absence by the chairman pro tem, or by two members of the council before the same shall be enforced.
­­--------
(RSMo 1939 § 7085)
Prior revision: 1929 § 6935
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.590 - Meetings of the council — salary determined by city council.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 2004
78.590. Meetings of the council — salary determined by city council. —
Regular meetings of the council shall be held at least once every month and special meetings may be called by the mayor at the mayor's own instance or upon written application of two members of the council. Each council member shall receive a salary as determined by ordinance of the council, payable quarterly.
­­--------
(RSMo 1939 § 7086, A.L. 2004 H.B. 1047)
Prior revision: 1929 § 6936
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.600 - Officials — appointment.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.600. Officials — appointment. —
The council shall appoint a city manager, a city clerk, city assessor and city treasurer; the offices of city clerk and city assessor may be filled by one person. All other officers and employees of the city shall be appointed and discharged by the city manager, the council to have power to make rules and regulations governing the same.
­­--------
(RSMo 1939 § 7088)
Prior revision: 1929 § 6938
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.610 - City manager — duties.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 2007
78.610. City manager — duties. —
The city manager shall devote his or her entire time to the duties of his or her office. He shall be the administrative head of the government subject to the direction and supervision of the council and shall hold his office at the pleasure of the council, or may be employed for a term not to exceed one year. He shall receive an adequate salary to be fixed by the council which shall not be diminished during the service of any incumbent without his consent. The council shall have the discretion to require the city manager to reside in the city as a condition of employment; except in counties with a charter form of government the city manager shall be a resident of the city at the time of his or
*
her appointment. Before entering upon the duties of his or her office the city manager shall take the official oath required by law and shall execute a bond in favor of the city for the faithful performance of his or her duties and such sum shall be determined by the city council. It shall be his or her duty:
(1) To make all appointments to offices and positions provided for in section 78.600;
(2) To see that the laws and ordinances are enforced;
(3) To exercise control of all departments and divisions that may hereafter be created by the council;
(4) To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchises are faithfully kept and performed, and upon information of any violation thereof to take such steps as will be necessary to stop or prevent the further violation of the same;
(5) To attend all meetings of the council with the privilege of taking part in the discussions but having no vote;
(6) To recommend to the council for adoption such measures as he or she may deem necessary or expedient;
(7) To prepare and submit the annual budget and to keep the city council fully advised as to the financial conditions and needs of the city and to perform such other duties as may be prescribed by these sections or be required of him or her by any ordinance or resolution of the council.
­­--------
(RSMo 1939 § 7089, A. 1949 H.B. 2028, A.L. 2007 S.B. 22)
Prior revision: 1929 § 6939
*Word "or" does not appear in original rolls.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.620 - Manager shall file itemized statements.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1939
78.620. Manager shall file itemized statements. —
The council of any city operating under sections 78.430 to 78.640 shall cause the city manager to prepare and file with the council monthly itemized statement of receipts and expenditures of the city, and a summary of the business transacted for the month preceding; and every three months the unpublished reports shall be published in pamphlet form and printed copies thereof shall be furnished the city library, the various newspapers of the city and citizens applying therefor at the office of the city clerk.
­­--------
(RSMo 1939 § 7092)
Prior revision: 1929 § 6942
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.700 - Optional city manager form of government — procedure to adopt, election, ballot form.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1985
78.700. Optional city manager form of government — procedure to adopt, election, ballot form. —
As an alternative to the city manager form of government described in sections 78.430 to 78.640, any city of the third class, or any city with a population entitling it to become a city of the third class, may become organized under the optional city manager form of government as provided in sections 78.700 to 78.720. Upon petition of voters residing in the city equal in number to twenty-five percent of the votes cast within the city for all candidates for governor in the last preceding election, the mayor shall by proclamation submit the question of organizing under sections 78.700 to 78.720. The question shall be submitted in substantially the following form:
Shall the city of ______ organize under sections 78.700 to 78.720, providing for the optional city manager form of government?
­­--------
(L. 1985 H.B. 244 § 1)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.703 - City may abandon plan, when — procedure, election, ballot form.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1985
78.703. City may abandon plan, when — procedure, election, ballot form. —
Any city which has operated under the provisions of sections 78.700 to 78.720 not less than six years may abandon the form of organization provided for herein, by proceeding as follows: Upon the petition of not less than twenty-five percent of the voters casting votes for governor in the last preceding general election of such city, as shown by the total vote cast at the last preceding municipal election of the city, the question shall be submitted whether the city shall continue operating under the provisions of sections 78.700 to 78.720. The question shall be submitted in substantially the following form:
Shall the city manager form of government for the city of ______ be continued?
­­--------
(L. 1985 H.B. 244 § 2)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.706 - City to be divided into five wards, procedure.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1985
78.706. City to be divided into five wards, procedure. —
If a majority of the votes cast on the question of adoption are in favor of adopting the optional form of government provided in sections 78.700 to 78.720, the existing council shall by ordinance divide the city into five wards of approximately equal population. The council shall then assign an arbitrary designation to each ward and shall cause a lot to be drawn for each ward designated from among the five lots, numbered one through five. The wards shall thereafter be known as wards one, two, three, four and five according to the lot drawn for each.
­­--------
(L. 1985 H.B. 244 § 3)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.712 - Council to consist of seven members, qualifications — term, vacancies, how filled — quorum.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1985
78.712. Council to consist of seven members, qualifications — term, vacancies, how filled — quorum. —
1. If a city adopts the optional city manager form of government, the council shall consist of seven members, and all persons now eligible for the position of councilman under the laws governing cities of the third class shall be eligible to serve as councilmen under the provisions of sections 78.700 to 78.720, provided that a ward councilman must reside within the ward he represents. One councilman shall be elected from each ward by the qualified voters thereof, and two councilmen shall be elected at large by the qualified voters of the city, at the first municipal election after the adoption of the optional form of government provided in sections 78.700 to 78.720. The term of councilmen shall be three years; provided, that of the first council elected after the adoption of sections 78.700 to 78.720, the councilmen representing wards two and four shall serve terms of one year; the councilmen representing wards one and three shall serve terms of two years; and the councilman representing ward five, along with the two councilmen elected at large, shall serve terms of three years. In any special election held to replace a councilman elected by the voters of a particular ward, only the voters of that ward shall be eligible to vote.
2. Four members of the council shall constitute a quorum to do business, and no action of the council shall be valid unless at least four shall vote in favor of such action.
­­--------
(L. 1985 H.B. 244 §§ 4, 5 subdiv. (4))
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 78 - Optional Forms, Cities of the Third Classification › Section 78.720 - Other applicable procedures for optional plan — councilmen, nomination and election — eligible voters — statement of candidacy, contents — ballot form.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 78
• Effective - 28 Aug 1985
78.720. Other applicable procedures for optional plan — councilmen, nomination and election — eligible voters — statement of candidacy, contents — ballot form. —
Except as otherwise provided in sections 78.700 to 78.720, the provisions of sections 78.430 to 78.640 shall apply to the adoption, implementation, or abandonment of the optional city manager form of government, provided that:
(1) Only the qualified voters of each ward shall be eligible to vote to nominate the candidates for councilmen of their respective wards, or to elect a ward councilman; and
(2) Statements of candidacy shall indicate whether the candidate is running at large or as a ward councilman. Candidates seeking to become a ward councilman shall also specify the ward and state under oath that they are a qualified voter of such ward; and
(3) Separate ballots shall be provided in all elections held pursuant to the adoption of the optional city manager form of government for the offices of councilmen at large and ward councilman, designated as follows:
"FOR COUNCILMEN AT LARGE" or "FOR ______ WARD COUNCILMAN".
­­--------
(L. 1985 H.B. 244 § 5 subdivs. (1), (2), (3))
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.010 - Fourth class cities, incorporation of.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.010. Fourth class cities, incorporation of. —
Any city of the fourth class in this state may become a body corporate under the provisions of this chapter, in the manner provided by law, under the name of "The city of ______", and by that name shall have perpetual succession, may sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity and in all actions whatever; may receive and hold property, both real and personal, within such city, and may purchase, receive and hold real estate within or without such city for the burial of the dead; and may purchase, hold, lease, sell or otherwise dispose of any property, real or personal, it now owns or may hereafter acquire; may receive bequests, gifts and donations of all kinds of property, and may have and hold one common seal, and may break, change or alter the same at pleasure, and all courts of this state shall take judicial notice thereof.
­­--------
(RSMo 1939 § 7096)
Prior revisions: 1929 § 6946; 1919 § 8397; 1909 § 9299
CROSS REFERENCE:
Cities of the fourth classification--minimum population requirements, 72.040