reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.390 - Powers — water supply, marketplaces, city hall, prison, parks.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.390. Powers — water supply, marketplaces, city hall, prison, parks. —
The board of aldermen may establish, alter and change the channel of watercourses, and wall them and cover them over, and prevent obstructions thereon, and may establish, make and regulate public wells, cisterns and reservoirs of water, and provide for filling the same. The board of aldermen may purchase grounds and erect and establish market houses and marketplaces, and regulate and govern the same, and also contract with any person or persons, association or corporation, for the erection, maintenance and regulation of market houses, and marketplaces, on such terms and conditions and in such manner as the board of aldermen may prescribe. They may also provide for the erection, purchase or renting of the city hall, workhouse, houses of correction, prisons, engine houses, and any and all other necessary buildings for the city, and may sell, lease, abolish or otherwise dispose of the same, and may enclose, improve, regulate, purchase or sell all public parks or other public grounds belonging to the city, and may purchase and hold grounds for public parks within the city, or within three miles thereof.
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(RSMo 1939 § 7174)
Prior revisions: 1929 § 7024; 1919 § 8475; 1909 § 9377
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.400 - Powers — regulation of lumberyards, fences, animals and poultry — may establish pounds.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.400. Powers — regulation of lumberyards, fences, animals and poultry — may establish pounds. —
1. The board of aldermen may prescribe limits within the city within which no lumberyard or woodyard shall be kept, and may regulate, restrain or prohibit the erection or maintenance of any fence composed in whole or in part of barbed wire, along or adjacent to any public street, avenue, alley, park, lane, cemetery or other public grounds.
2. The board of aldermen may also regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep, goats and all other domestic animals, also geese, ducks, chickens, turkeys and all other domestic fowls and cause such animals or fowls as may be running at large to be impounded and sold in such manner and at such time as may be prescribed by ordinance.
3. They may also provide penalties for the owners or keepers who shall permit such animals or fowls to be at large.
4. The board of aldermen may also provide for the erection of all needful pounds, pens and buildings for the use of the city, within or without the city limits, and appoint and compensate keepers thereof and establish and enforce rules governing the same.
5. The board of aldermen may also tax, regulate and restrain and prohibit the running at large of dogs, and provide for their destruction when at large contrary to ordinance, and impose penalties on the owners or keepers thereof.
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(RSMo 1939 § 7171)
Prior revisions: 1929 § 7021; 1919 § 8472; 1909 § 9374
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.410 - Powers — regulations governing.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.410. Powers — regulations governing. —
The board of aldermen may prohibit and prevent all encroachments into and upon sidewalks, streets, avenues, alleys and other public places of the city, and may provide for the removal of obstructions from the sidewalks, curbstones, gutters and crosswalks, at the expense of the owners or occupants of the ground fronting thereon, or at the expense of the person causing the same; they may also regulate the planting of shade trees, erecting of awnings, hitching posts, lamp posts, awning posts, telephone, telegraph and electric light poles, and making of excavations through and under the sidewalks or in any public street, avenue, alley or other public place within the city. They may prevent and punish for all horseracing, or other racing, fast riding or driving or training in the streets, highways, avenues, alleys, or over bridges or through tunnels in the city, and all games, practices or amusements therein likely to result in damage to any person or property, and to regulate, prevent and punish for the riding, driving, leading, standing, hitching or passing of horses, mules, oxen or other teams or stock or animals or any vehicle over or upon or across or along any sidewalk, street, avenue or alley of the city.
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(RSMo 1939 § 7172)
Prior revisions: 1929 § 7022; 1919 § 8473; 1909 § 9375
(1973) This section does not authorize city to prohibit all overhead transmission or distribution lines whether on public or private property. Union Electric Co. v. City of Crestwood (Mo.), 499 S.W.2d 480.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.430 - Board may provide public cemeteries and regulate same.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.430. Board may provide public cemeteries and regulate same. —
The board of aldermen shall have power to purchase, receive, and to hold real estate, as herein mentioned, for public cemeteries, either within or without the city, within a distance of three miles thereof, and the city and its officers shall have jurisdiction over the said cemeteries wherever located; provided, that no such cemetery shall exceed eighty acres in one body. The board of aldermen shall provide for the survey, platting, grading, fencing, ornamenting and improving of all the cemetery ground, and the avenues leading thereto, owned by the city, and may construct walks and protect ornamental trees, and provide for paying the expenses therefor. The board of aldermen may make rules and pass ordinances imposing penalties and fines, regulating, protecting and governing city cemeteries, the owners of lots therein, visitors thereto, and punish trespassers therein, and the officers of such city shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the city itself.
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(RSMo 1939 § 7190)
Prior revisions: 1929 § 7040; 1919 § 8491; 1909 § 9393
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.440 - Cemetery lots, how sold.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.440. Cemetery lots, how sold. —
The cemetery lots shall be conveyed by certificates, signed by the mayor, countersigned by the clerk, under the seal of the city, specifying that the purchaser to whom the same is issued is the owner of the lot described therein by numbers, as laid down upon the official map or plat of such cemetery made by the city, for the purpose of interment, and such certificate shall vest in the purchaser, his or her heirs or assigns, a right in fee simple to such lots, for the sole purpose of interment, under the regulations of the board of aldermen. Such certificates shall be entitled to be recorded in the office of recorder of deeds of the proper county without further acknowledgment, and such description of lots shall be deemed and recognized as sufficient description thereof. The board of aldermen may limit the number of lots owned by the same person at the same time, and may prescribe rules for enclosing, adorning and erecting monuments, tombstones and ornaments on cemetery lots, and prohibit any improper adornment thereof; but no religious test shall be made to the ownership of the lots, or the burials had therein, or for the ornamentation of graves or lots.
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(RSMo 1939 § 7191)
Prior revisions: 1929 § 7041; 1919 § 8492; 1909 § 9394
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.450 - Certain activities to be prohibited and suppressed.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1971
79.450. Certain activities to be prohibited and suppressed. —
1. The board of aldermen shall enact ordinances to prohibit and suppress houses of prostitution and other disorderly houses and practices, including gambling and gambling houses, and all kinds of public indecencies, and may prohibit the selling or giving of intoxicating liquors to any minor or habitual drunkard.
2. The board of aldermen shall also enact ordinances to restrain and prohibit riots, noises, assaults and batteries, disturbances of the peace, disturbances of religious and other lawful assemblies, indecent shows, exhibitions or concerts in any street, house or place in the city, disorderly assemblies, and to regulate, restrain and prevent the discharge of firearms, and the keeping and discharge of rockets, powder, fireworks or other dangerous combustible materials in the streets or in limits of the city.
3. The board of aldermen may also regulate and control the construction of buildings, the construction and cleaning of fireplaces, chimneys, stoves and stovepipes, ovens, boilers, kettles, forges or any apparatus used in any building, manufactory or business which may be dangerous in causing or promoting fires, and may provide for the inspection of the same.
4. The board of aldermen may also provide by ordinance limits within which no building shall be constructed except of brick or stone or other incombustible materials, with fireproof roofs, and impose a penalty for the violation of such ordinance, and may cause buildings commenced, put up or removed into such limits in violation of such ordinance, to be removed or abated.
5. The board of aldermen may also purchase fire engines, hook and ladder outfits, hose and hose carts, buckets and all other apparatus useful in the extinguishing of fires, and organize fire companies and prescribe rules of duty for the government thereof, with such penalties for the violation thereof as they may deem proper, and not exceeding one hundred dollars and to make all necessary expenditures for the purchase of such fire apparatus and the payment of such fire companies.
6. The board of aldermen may enact or make all ordinances, rules and regulations necessary to carry out the purposes of this chapter.
7. The board of aldermen may enact or make all ordinances, rules and regulations, not inconsistent with the laws of the state, expedient for maintaining the peace, good government and welfare of the city and its trade and commerce.
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(RSMo 1939 § 7169, A.L. 1971 S.B. 299)
Prior revisions: 1929 § 7019; 1919 § 8470; 1909 § 9372
(1979) The general police power of a municipality does not authorize a municipality to restrict or limit use of public property for public purposes. City of Kirkwood v. City of Sunset Hills (A.), 589 S.W.2d 31.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.460 - Board may prohibit carrying concealed weapons.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 02 Jan 1979, see footnote
79.460. Board may prohibit carrying concealed weapons. —
The board of aldermen may adopt ordinances providing for the prohibition of and punishment for the carrying of concealed deadly weapons, and may also adopt ordinances providing for the prohibition of vagrancy and providing that upon conviction one adjudged guilty may be imprisoned, fined or set to work.
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(RSMo 1939 § 7177, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 7027; 1919 § 8478; 1909 § 9380
Effective 1-02-79
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.470 - Board to set penalties, limitation.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1971
79.470. Board to set penalties, limitation. —
For all ordinance violations the board of aldermen may impose penalties not exceeding a fine of five hundred dollars and costs, or ninety days' imprisonment, or both the fine and imprisonment. Where the city and state have a penalty for the same offense, the board shall set the same penalty by ordinance as is set by statute, except that imprisonments, when made under city ordinances, may be in the city prison or workhouse instead of the county jail.
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(RSMo 1939 § 7221, A.L. 1971 S.B. 299)
Prior revisions: 1929 § 7071; 1919 § 8521; 1909 § 9422
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.480 - Notice of action shall be given — when — contents.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.480. Notice of action shall be given — when — contents. —
No action shall be maintained against any city organized under the laws of this state as a city of the fourth class on account of any injuries growing out of any defect or unsafe condition of or on any bridge, boulevard, street, sidewalk or thoroughfare, in said city until notice shall first have been given in writing to the mayor of said city, within ninety days of the occurrence for which said damage is claimed, stating the place where, the time when such injury was received, and the character and circumstances of the injury, and that the person so injured will claim damages therefor from such city.
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(RSMo 1939 § 7241)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.490 - Fourth class city disincorporated, how — election, notice.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 2016, 2 histories
79.490. Fourth class city disincorporated, how — election, notice. —
1. The county governing body of any county in which a city of the fourth class is located shall disincorporate such city as provided in this section.
2. The county governing body shall order an election upon the question of disincorporation of a fourth class city upon petition of twenty-five percent of the voters of the city.
3. The county governing body shall give notice of the election by publication in a newspaper of general circulation published in the city or, if there is no such newspaper in the city, then in the newspaper in the county published nearest the city. The notice shall contain a copy of the petition and the names of the petitioners. No election on the question of disincorporation shall be held until the notice has been published for four weeks successively.
4. The question shall be submitted in substantially the following form:
Shall the city of ______ be dissolved?
5. Upon the affirmative vote of a majority of those persons voting on the question, the county governing body shall disincorporate the city.
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(RSMo 1939 § 7215, A.L. 1978 H.B. 971, A.L. 1987 H.B. 160, A.L. 2016 S.B. 572)
Prior revisions: 1929 § 7065; 1919 § 8515; 1909 § 9416
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.495 - Disincorporation without election allowed, when — diminishing city limits (certain fourth class cities).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 2007
79.495. Disincorporation without election allowed, when — diminishing city limits (certain fourth class cities). —
1. The county governing body of any county in which a city of the fourth class is located shall have the power to disincorporate such city upon petition of two-thirds of the voters of such city, without an election in such city, provided that the petition requests disincorporation without an election, and provided that the population of such city is less than one hundred.
2. Upon the application of any person or persons owning a tract of land containing five acres or more in a city of the fourth class with a population less than one hundred in any county, the governing body of such county may, in its discretion, diminish the limits of such city by excluding any such tract of land from said corporate limits without an election in such city; provided that such application shall be accompanied by a petition asking for such change without an election and signed by a majority of the registered voters in such city and to the extent there are no such registered voters available in such city, then such petition shall be signed by the parties owning a majority of the land area to be excluded from such city limits. Thereafter, such tract of land so excluded shall not be deemed or held to be any part of such city.
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(L. 1987 H.B. 160 § 1, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.500 - Contracts not affected by disincorporation.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.500. Contracts not affected by disincorporation. —
No dissolution of such corporation shall invalidate or affect any right accruing to such corporation or to any person, or invalidate or affect any contract entered into or imposed on such corporation.
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(RSMo 1939 § 7216)
Prior revisions: 1929 § 7066; 1919 § 8516; 1909 § 9417
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.510 - County commission shall appoint trustee.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.510. County commission shall appoint trustee. —
Whenever the county commission shall dissolve any such city of the fourth class, the said county commission shall appoint some competent person to act as trustee for the corporation so dissolved, and such trustee, before entering upon the discharge of his duties, shall take and subscribe an oath that he will faithfully discharge the duties of his office, and shall give bond with sufficient security, to be approved by the commission, to the use of such disincorporated city, conditioned for the faithful discharge of his duty.
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(RSMo 1939 § 7217)
Prior revisions: 1929 § 7067; 1919 § 8517; 1909 § 9418
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.520 - Trustee, duties.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.520. Trustee, duties. —
The trustee shall have power to prosecute and defend to final judgment all suits instituted by or against the corporation, collect all moneys due the same, liquidate all lawful demands against the same, and for that purpose shall sell any property belonging to such corporation, or so much thereof as may be necessary, and generally to do all acts requisite to bring to a speedy close all the affairs of the corporation.
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(RSMo 1939 § 7218)
Prior revisions: 1929 § 7068; 1919 § 8518; 1909 § 9419
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.530 - Trustee may employ counsel — report to county commission.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.530. Trustee may employ counsel — report to county commission. —
Such trustee shall employ counsel whenever necessary in the discharge of his duties, and shall make report of his proceedings to the county commission at each regular term thereof, and such trustee shall receive for his services such compensation as the commission shall think reasonable.
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(RSMo 1939 § 7219)
Prior revisions: 1929 § 7069; 1919 § 8519; 1909 § 9420
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.540 - Trustee to make final settlement with county commission.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 1939
79.540. Trustee to make final settlement with county commission. —
When the trustee shall have closed the affairs of the corporation, and shall have paid all debts due by said corporation, he shall pay over to the county treasurer all money remaining in his hands, and take receipt therefor, and deliver to the clerk of such county commission all books, papers, records and deeds belonging to the dissolved corporation.
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(RSMo 1939 § 7220)
Prior revisions: 1929 § 7070; 1919 § 8520; 1909 § 9421
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.550 - Municipal redevelopment authority, governing body may establish (certain municipalities).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
• Effective - 12 Jul 1990, 2 histories, see footnote
79.550. Municipal redevelopment authority, governing body may establish (certain municipalities). —
Any fourth class city with a population of at least one thousand which is located within a first class county with a charter form of government adjoining a city not within a county and which has had, during four years prior to June 24, 1988, at least fifteen percent of the lands within the city limits of such city purchased under a federal noise abatement program designed to purchase residential property due to the high level of noise from a nearby airport, any municipality which adjoins a city not within a county and which contains an enterprise zone, and any municipality which has a population of less than seven thousand inhabitants which adjoins a city not within a county and also adjoins either a municipality containing an enterprise zone or a municipality which adjoins a municipality containing an enterprise zone may, upon the motion of the governing body of such municipality, establish a municipal redevelopment authority pursuant to sections 79.550 to 79.565.
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(L. 1988 H.B. 1738 § 1, A.L. 1990 H.B. 1564)
Effective 7-12-90
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.552 - Members, appointment, qualifications, terms — expenses (certain municipalities).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
• Effective - 28 Aug 1995
79.552. Members, appointment, qualifications, terms — expenses (certain municipalities). —
1. In any municipality eligible under section 79.550 to create a municipal redevelopment authority, upon the motion of the governing body of such municipality, there is hereby created a municipal redevelopment authority in such municipality, which shall consist of nine members appointed pursuant to this section. Three members of such authority shall be appointed by the mayor of such municipality, six members of such authority shall be appointed by the governor, with the advice and consent of the senate.
2. The members of the authority shall be citizens and residents of the state. The members of the authority appointed by the mayor shall be residents of the municipality, or shall have previously been residents of the municipality for at least five years preceding the appointment. Of the members of the authority appointed by the governor, at least four members shall be residents of the county in which the municipality is located and such members may also be residents of the municipality.
3. Each member appointed shall serve for a term of two years, except that of the members first appointed, two of the members appointed by the mayor and three of the members appointed by the governor shall serve for a term of one year. The mayor shall designate one of the members as chairman. Vacancies in the authority shall be filled for the unexpired term in the same manner as original appointments are made. Five members of the authority shall constitute a quorum, and any action or order of the authority shall require the approval of at least five members.
4. All members shall be reimbursed for actual and necessary expenses incurred by them in the performance of their duties, except that the reimbursements for expenses incurred on any one day other than the cost of travel shall not exceed one hundred and fifty percent of the daily expense allowance established for members of the general assembly pursuant to section 21.145. Any member who is a resident of the county in which the municipality establishing the authority is located shall not be reimbursed for lodging.
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(L. 1988 H.B. 1738 § 2, A.L. 1990 H.B. 1564, A.L. 1995 H.B. 484, et al.)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.557 - Bonds, interest and income tax exempt — recognized as securities (certain municipalities).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
• Effective - 24 Jun 1988, see footnote
79.557. Bonds, interest and income tax exempt — recognized as securities (certain municipalities). —
1. All bonds, notes and other instruments of indebtedness issued by the authority and all interest thereon and income therefrom shall be tax exempt.
2. Any notes, bonds or other instruments in writing issued by the authority pursuant to the provisions of sections 79.550 to 79.565 are hereby recognized to be securities in which all state and municipal officers and bodies, all banks, bankers, trust companies, savings banks, savings associations, building and loan associations, investment companies, and all other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or who may hereafter be authorized to invest in bonds or other obligations of the state of Missouri may properly and legally invest any funds, including capital, belonging to them, or within their control and the obligations are hereby recognized as securities which may properly and legally be deposited with and shall be received by any state or municipal officer or agency for any purpose for which the deposit of bonds or other obligations of this state is now or may hereafter be authorized.
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(L. 1988 H.B. 1738 § 4)
Effective 6-24-88
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.560 - Purchases of real property, cooperation of other political subdivisions — limitation of powers (certain municipalities).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
• Effective - 12 Jul 1990, see footnote
79.560. Purchases of real property, cooperation of other political subdivisions — limitation of powers (certain municipalities). —
1. Where the authority attempts to purchase real property for fair market value from any political subdivision in this state, such political subdivision shall, if at all possible and if it would not incur undue hardship, assist the authority by selling such property.
2. The provisions of sections 79.550 to 79.565 shall apply only in the boundaries of the municipality which establishes a municipal redevelopment authority as such boundaries existed on January 1, 1988. If any such municipality disincorporates after establishing an authority, the authority shall be dissolved, except that the authority shall determine the method of retiring any bonds issued by the authority.
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(L. 1988 H.B. 1738 § 5, A.L. 1990 H.B. 1564)
Effective 7-12-90
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.565 - Elected or appointed officials, no financial interest in authority operations (certain municipalities).

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
• Effective - 12 Jul 1990, see footnote
79.565. Elected or appointed officials, no financial interest in authority operations (certain municipalities). —
No elected or appointed official or employee of the municipality or authority, and no spouse or dependent child of any official or employee shall have any financial or pecuniary interest whatsoever in any land, land development which is a part of a redevelopment project of the authority or any of the authority's operations including the issuance of bonds or other indebtedness.
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(L. 1988 H.B. 1738 § 6, A.L. 1990 H.B. 1564)
Effective 7-12-90
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 79 - Cities of the Fourth Classification › Section 79.600 - Annexation of trash and recyclable material facilities, procedure (City of Eureka)

Title VII CITIES, TOWNS AND VILLAGES
Chapter 79
Effective - 28 Aug 2005
79.600. Annexation of trash and recyclable material facilities, procedure (City of Eureka) —
Notwithstanding the annexation provisions of chapter 71, if the governing body of a city of the fourth classification with more than seven thousand five hundred but fewer than seven thousand six hundred eighty inhabitants and located in any county with a charter form of government and with more than one million inhabitants finds it is in the public interest that a parcel of land located in an unincorporated area of said county, which is proposed for use as a trash and recyclable material transfer facility or recyclable material reclamation facility, should be located in the city for purposes of ensuring that there is more local legislative consideration, building inspections, and monitoring of ongoing operations, the city may annex such parcel, provided that the city obtains the written consent of all the property owners located within the unincorporated area of such parcel. Further, both such city and county shall adopt reciprocal ordinances authorizing the annexation of such parcel by the city. Notwithstanding the provisions of section 71.012, the subject parcel shall be considered contiguous and compact with the city if it is located within two miles of the city by means of railroad line-owned property.
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(L. 2005 H.B. 58)
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.010 - Town construed.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
Effective - 28 Aug 1949
80.010. Town construed. —
When the word
"town"
is used in this chapter concerning the incorporation of towns and villages, it shall be construed to include village. In relation to corporations under this chapter, it shall be construed to mean village only.
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(RSMo 1939 § 655, A. 1949 H.B. 2030)
Prior revisions: 1929 § 655; 1919 § 7058; 1909 § 8057
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.020 - Towns and villages — how incorporated.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
Effective - 28 Aug 1939
80.020. Towns and villages — how incorporated. —
Whenever two-thirds of the taxable inhabitants of any town or village within this state shall present a petition to the county commission of the county, setting forth the metes and bounds of their village and commons, and praying that they may be incorporated under a police established for their local government, and for the preservation and regulation of any commons appertaining to such town and village, and the county commission shall be satisfied that two-thirds of the taxable inhabitants of such town or village have signed such petition, and that the prayer of such petition is reasonable, the county commission may declare such town or village incorporated, designating in such order the metes and bounds thereof, and thenceforth the inhabitants within such bounds shall be a body politic and corporate, by the name and style of "The town of ______" naming it and by that name they and their successors shall be known in law; have perpetual succession, unless disincorporated; sue and be sued; plead and be impleaded; defend and be defended in all courts and in all actions, pleas and matters whatsoever; may grant, purchase, hold and receive property, real and personal, within such town and no other, burial grounds and cemeteries excepted; and may lease, sell and dispose of the same for the benefit of the town, and may have a common seal, and alter the same at pleasure.
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(RSMo 1939 § 7242)
Prior revisions: 1929 § 7091; 1919 § 8541; 1909 § 9430
(1971) Where vast majority of six square mile area included within proposed incorporation was being used for agricultural purposes and was not within the boundaries of the existing village, nor an integral part thereof and had no logical relationship to the existence and function of the village as a municipality, the judgment affirming the order incorporating the village was reversed. In re Incorporation of Village of Lone Jack (A.), 471 S.W.2d 513.
(1976) Held, that while incorporation was improper, the state was barred by laches (22 years in this case) from challenging validity of incorporation. State ex rel. King v. Village of Praethersville (A.), 542 S.W.2d 578.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.040 - Board of trustees — corporate powers vested in — terms of office.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
• Effective - 28 Aug 1978
80.040. Board of trustees — corporate powers vested in — terms of office. —
The corporate powers and duties of every village so incorporated shall be vested in a board of trustees, to consist of five members, unless such town shall contain more than twenty-five hundred inhabitants, in which case such board may consist of nine members, the number to be determined by a vote of the voters of such village. The first board of trustees shall be appointed by the county commission at the time of declaring such town incorporated. If the board consists of five members the county commission shall designate two members who shall serve for terms of two years and three members who shall serve for terms of one year. If the board consists of nine members the county commission shall designate four members who shall serve for terms of two years and five members who shall serve for terms of one year. Thereafter all members shall serve for terms of two years and until their successors are elected and qualified.
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(RSMo 1939 § 7243, A.L. 1957 p. 274, A.L. 1961 p. 201, A.L. 1978 H.B. 971)
Prior revisions: 1929 § 7092; 1919 § 8542; 1909 § 9431
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.050 - Trustees — qualifications.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
Effective - 28 Aug 1978
80.050. Trustees — qualifications. —
No person shall be a trustee who has not attained the age of twenty-one years; who is not a citizen of the United States; who is not an inhabitant of the town at the time of his election, and has not resided therein for one whole year next preceding the time of his election.
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(RSMo 1939 § 7244, A. 1949 H.B. 2030, A.L. 1957 p. 274, A.L. 1978 H.B. 971)
Prior revisions: 1929 § 7093; 1919 § 8543; 1909 § 9432
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.060 - Trustees — oath — organization — meetings.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
Effective - 28 Aug 1957
80.060. Trustees — oath — organization — meetings. —
Every trustee, before entering upon the duties of his office, shall take the oath prescribed by the constitution of this state, and that he will faithfully demean himself in office. Every board of trustees shall assemble within twenty days after their appointment or election, and choose a chairman of their number, and some other person as clerk. The chairman may vote on any proposition before the board. The board of trustees, by ordinance, shall fix the time and place of holding their stated meetings, and may be convened by the chairman at any time.
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(RSMo 1939 § 7245, A.L. 1957 p. 274)
Prior revisions: 1929 § 7094; 1919 § 8544; 1909 § 9433
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.070 - Trustees — quorum.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
Effective - 28 Aug 1939
80.070. Trustees — quorum. —
At all meetings of the board, a majority of the trustees shall constitute a quorum to do business; a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the board of trustees previously, by ordinance, may have prescribed.
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(RSMo 1939 § 7246)
Prior revisions: 1929 § 7095; 1919 § 8545; 1909 § 9434
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.080 - Trustees — powers and duties as to members and meetings.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
Effective - 28 Aug 1949
80.080. Trustees — powers and duties as to members and meetings. —
The board of trustees shall judge of the qualifications, elections and returns of their own members; they may determine rules of their own proceedings, punish any member or other person for disorderly behavior in their presence, and, with the concurrence of four of the trustees, expel any member, but not a second time for the same cause; they shall keep a journal of their proceedings, and, at the desire of any member, shall cause the yeas and nays to be taken and entered on the journal, on any question, resolution or ordinance; and their proceedings shall be public.
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(RSMo 1939 § 7247, A. 1949 H.B. 2030)
Prior revisions: 1929 § 7096; 1919 § 8546; 1909 § 9435
(1962) Duty to maintain journal and to enter ordinances therein held mandatory and ordinances which are not properly entered in such record do not exist. Missouri Public Service Company v. Barton County Electric Cooperative (A.), 353 S.W.2d 818.
(1995) Four trustees may expel any member from a meeting, but not for the remainder of the member's term. State ex rel. Foster v. Morris, 913 S.W.2d 85 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.100 - Trustees — style of ordinances.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
• Effective - 28 Aug 1939
80.100. Trustees — style of ordinances. —
The style of ordinances of villages organized under the provisions of this chapter shall be: "Be it ordained by the board of trustees of the village of ______, as follows.".
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(RSMo 1939 § 7283)
Prior revisions: 1929 § 7132; 1919 § 8581; 1909 § 9469
(1954) Where journal did not show that chairman of board was present or absent at meeting nor that he voted either yea or nay, the yeas and nays were not entered on the journal and ordinance was void even though journal showed other four members voted for it. Krug v. Village of Mary Ridge (A.), 271 S.W.2d 867.
(1962) Where the journal did not contain an entry showing the yeas and nays in the passage of an ordinance, the ordinance did not exist. Missouri Public Service Company v. Barton County Electric Cooperative (A.), 353 S.W.2d 818.
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.110 - Trustees — passage of ordinances.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
• Effective - 28 Aug 1996
80.110. Trustees — passage of ordinances. —
No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its passage a majority of all the members of the board of trustees vote therefor, and the yeas and nays be entered upon the journal; every proposed ordinance shall be introduced to the board of trustees 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 trustees. 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 trustees. All ordinances shall be in full force and effect from and after their passage after being duly signed by the chairman of the board of trustees and attested by the village clerk.
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(RSMo 1939 § 7284, A.L. 1996 S.B. 811)
Prior revisions: 1929 § 7133; 1919 § 8582; 1909 § 9470
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.120 - Trustees — publication of ordinances — chairman.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
• Effective - 28 Aug 1939
80.120. Trustees — publication of ordinances — chairman. —
The chairman of the board shall cause to be printed and published the bylaws and ordinances of the board, for the information of the inhabitants, and cause the same to be carried into effect. He shall remain in office for the term for which he is appointed or elected as a trustee; but in case of his absence at any meeting of the board, the board may appoint a chairman pro tempore, and in case he shall die, resign, be removed from office or remove from the town, the board of trustees shall appoint one of their number chairman, who shall hold the office for the unexpired term.
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(RSMo 1939 § 7285)
Prior revisions: 1929 § 7134; 1919 § 8583; 1909 § 9471
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.130 - Trustees — sprinkling and oiling of streets.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
• Effective - 28 Aug 1939
80.130. Trustees — sprinkling and oiling of streets. —
Whenever the board of trustees of any town or village organized under the laws of the state of Missouri as such town or village shall, by resolution, declare that a necessity exists for the sprinkling, oiling or otherwise treating of any particular street, avenue, alley or streets, avenues, alleys and such public places within such town or village and whenever thereafter two-thirds of the resident taxpayers owning property adjoining and abutting on said street, or streets, avenues, alleys and such public places shall file with the board of trustees of such town or village a petition requesting that said street or streets, avenues, alleys and such public places so designated and set aside by resolution be sprinkled, oiled or otherwise treated, the board of trustees shall have power by ordinance to cause such sprinkling, oiling or treating to be done and the cost thereof to be provided for and defrayed by a special tax to be assessed in favor of town or village on the adjoining property fronting or bordering on the streets, avenues, alleys, and such public places, where such sprinkling, oiling or treating is proposed to be done in the proportion that the linear feet of each lot fronting or bordering on the street, avenue, alley and public place so to be sprinkled, oiled or treated bears to the total cost of such sprinkling, oiling or treating.
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(RSMo 1939 § 7249)
Prior revision: 1929 § 7098
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.140 - Sprinkling or oiling of streets — estimate of cost — notice of hearing.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
• Effective - 28 Aug 1939
80.140. Sprinkling or oiling of streets — estimate of cost — notice of hearing. —
Upon receipt of such petition, it shall be the duty of the board of trustees to make or cause to be made a careful estimate of the approximate cost in total of said sprinkling, oiling or treating and an average general cost per linear foot of each lot, fronting or bordering upon the streets, avenues, alleys and public places so outlined in the petition. Upon completion of said estimate a written report thereof shall be posted in one or more conspicuous places in or about the town or village, or cause to be published in at least one paper, if such paper be published in the town or village. Such report shall contain therein a notice of public hearing where persons may be heard either for or against granting the petition. Said hearing to be not less than fifteen days from date of posting of said notice of said publication. The time, date, and place of meeting shall be designated by the board of trustees.
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(RSMo 1939 § 7249)
Prior revision: 1929 § 7098
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.150 - Sprinkling or oiling of streets — special ordinance.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
• Effective - 28 Aug 1939
80.150. Sprinkling or oiling of streets — special ordinance. —
Upon completion of the hearing, in case the board of trustees shall determine that the petition contains the necessary number of signers sufficient to satisfy the statute, such decision and determination shall be final and a special ordinance shall be drafted by the board of trustees, in conformity with section 80.110; provided, that whenever the majority of the owners of the property liable to taxation therefor residing in such town or village shall remonstrate against the sprinkling, oiling, or otherwise treating of any street, avenue, alley, or streets, avenues, alleys and such public places, then the board of trustees shall have no power to let a contract therefor or to perform the work of sprinkling, oiling or otherwise treating on behalf of such town or village. The provisions of the said ordinance shall be executed by the board of trustees and an accurate account of the cost thereof kept by the town or village clerk, or shall be contracted for annually by the board of trustees at such time and under such terms as shall be provided for by ordinance or until such ordinance is repealed upon petition of seventy percent or more of resident property owners.
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(RSMo 1939 § 7249)
Prior revision: 1929 § 7098
2023 Missouri Revised Statutes › Title VII - Cities, Towns and Villages › Chapter 80 - Towns and Villages › Section 80.160 - Sprinkling or oiling of streets — tax bill — limitation on cost.

Title VII CITIES, TOWNS AND VILLAGES
Chapter 80
• Effective - 28 Aug 1939
80.160. Sprinkling or oiling of streets — tax bill — limitation on cost. —
The special tax bill issued under the provisions of sections 80.130 to 80.160 shall be and become a lien on the property charged therewith from and after the commencing of sprinkling, oiling or treating of such streets, avenues, alleys and such public places coming under the provisions of said ordinance provided therefor and shall be prima facie evidence of liability of the property charged therewith to the expense and the amount therein specified and may be collected on and from the owner of the land, in the name of and by the town or village in any court of competent jurisdiction with interest at the rate of eight percent per annum and such special tax bills shall be issued and collected in the manner provided by ordinance; provided, that in no case shall the cost of such sprinkling, oiling or treating exceed fifteen cents per front foot per annum on any residence property, nor thirty cents per annum per front foot on any business property abutting upon any street, avenue, alley or public place.
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(RSMo 1939 § 7249)
Prior revision: 1929 § 7098