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SECOND REGULAR SESSION
HOUSE BILL NO. 2460
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE AMA TO .
4141H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 77.370 and 78.070, RSMo, and to enact in lieu thereof two new sections
relating to city contracts for legal services.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 77.370 and 78.070, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 77.370 and 78.070, to read as follows:
77.370. 1. Except as hereinafter provided, the following of ficers shall be elected by
2 the voters of the city: mayor , police judge, attorney , assessor , collector , treasurer and, except
3 in cities which adopt the merit system police department, a marshal.
4 2. Notwithstanding the provisions of subsection 1 of this section, in cities which
5 contract with another entity for police service, the city council may eliminate the of fice of
6 marshal.
7 3. (1) The attorney shall be a person licensed to practice law in Missouri, and the
8 council, by ordinance, may provide for the appointment of an attorney , by the mayor with the
9 approval of the council, in lieu of electing an attorney . If so appointed he shall serve at the
10 pleasure of the mayor and council.
11 (2) (a) If the city enters a contract with an attorney to pr ovide legal services for
12 such city , the term of such contract shall not exceed thr ee years and shall be r ebid every
13 third year .
14 (b) Paragraph (a) of this subdivision shall apply only in a city that adopts the
15 thr ee-year limit on such contracts upon a vote of the regi stered voters of the city as
16 pr ovided in this subdivision.
17 (c) A city may adopt such contract limits as follows:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 a. The governing body of a city that desire s to adopt contract limits as pr ovided
19 in this subdivision shall, by order , ordinance, or res olution, vote on the question of
20 adopting such contract limits. Upon the appr oval of the question by a majority of the
21 total number of city council members, the governing body shall submit the question to
22 the regist ered voters of the city for appr oval or r ejection of the adoption of such
23 contract limits on the next day available for an election in such city; or
24 b. If the governing body of a city receives a petition, signed by at least ten
25 per cent of the number of registe red voters of the city voting in the last election for
26 mayor , calling for the city to adopt contract limits as pr ovided in this subdivision, the
27 governing body shall submit the question to the r egister ed voters of the city for appr oval
28 or rejection of the adoption of such contract limits on the next day available for an
29 election in such city .
30 (d) If a majority of the regist ered voters of the city voting on a question
31 submitted under paragraph (c) of this subdivision appr ove the adoption of contract
32 limits, contracts described in paragraph (a) of this subdivision shall be subject to the
33 contract limits described in paragraph (a) of this subdivision. If a majority of the
34 r egister ed voters of the city voting on the question rej ect the adoption of contract limits,
35 no contract limits as described in this subdivision shall apply .
36 4. Whenever a city contracts for the assessment of property or the collection of taxes
37 with either a public or private entity as authorized by section 70.220, the city council may by
38 ordinance provide that at the expiration of the term of the then city assessor or collector , as
39 the case may be, the of fice is abolished and thereafter no election shall be had to fill the
40 of fice; except that in the event the contract expires and, for any reason, is not renewed, the
41 council may by ordinance provide for the election of such of ficer at the next and succeeding
42 regular elections for municipal of ficers.
43 5. The term of of fice for each of the of ficers is two years except the of fice of mayor
44 and the marshal which are four- year terms. All of ficers hold office until their successors are
45 duly elected or appointed and qualified.
46 6. The council, by ordinance, may provide that any of ficer of the city except the
47 mayor and the councilmen shall be appointed instead of elected. Such ordinance shall set the
48 manner of appointment, in accordance with section 77.330, and the term of office for each
49 appointive of ficer , which term shall not exceed four years.
78.070. 1. The mayor shall be superintendent of the department of public af fairs and
2 the council shall at the first regular meeting after election of its members designate by a
3 majority vote one councilman to be superintendent of the department of accounts and
4 finances; one to be superintendent of the department of public safety , and one to be
5 superintendent of the department of street and public improvements and one to be
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6 superintendent of the department of parks and public property; provided, however , that in
7 cities having a population of less than ten thousand there may be designated to each
8 councilman two of such departments. Such designation shall be changed whenever it appears
9 that the public service would be benefitted thereby . The council shall at such first meeting, or
10 as soon as practicable thereafter , elect by majority vote the following of ficers: A city clerk,
11 attorney , assessor , treasurer , auditor , civil engineer , city physician, marshal, chief of fire
12 department, market master , street commissioner , and such other of ficers and assistants as
13 shall be provided for by ordinance and necessary to the proper and ef ficient conduct of the
14 af fairs of the city; provided, however , that only such of the above of ficers shall be appointed
15 as may in the judgment of the mayor and councilmen be necessary for the proper and ef ficient
16 transaction of the af fairs of the city . Any officer or assistant elected or appointed by the
17 council may be removed from of fice at any time by a vote of a majority of the members of the
18 council, except as otherwise provided in sections 78.010 to [ 78.420 ] 78.400 .
19 2. (1) If the city enters a contract with an attorney to prov ide legal services for
20 such city , the term of such contract shall not exceed thr ee years and shall be r ebid every
21 third year .
22 (2) Subdivision (1) of this subsection shall apply only in a city that adopts the
23 thr ee-year limit on such contracts upon a vote of the regi stered voters of the city as
24 pr ovided in this subdivision.
25 (3) A city may adopt such contract limits as follows:
26 (a) The governing body of a city that desires to adopt contract limits as pr ovided
27 in this subdivision shall, by order , ordinance, or res olution, vote on the question of
28 adopting such contract limits. Upon the appr oval of the question by a majority of the
29 total number of city council members, the governing body shall submit the question to
30 the regist ered voters of the city for appr oval or r ejection of the adoption of such
31 contract limits on the next day available for an election in such city; or
32 (b) If the governing body of a city recei ves a petition, signed by at least ten
33 per cent of the number of registe red voters of the city voting in the last election for
34 mayor , calling for the city to adopt contract limits as pr ovided in this subdivision, the
35 governing body shall submit the question to the r egister ed voters of the city for appr oval
36 or rejection of the adoption of such contract limits on the next day available for an
37 election in such city .
38 (4) If a majority of the reg istered voters of the city voting on a question
39 submitted under subdivision (3) of this subsection appr ove the adoption of contract
40 limits, contracts described in subdivision (1) of this subsection shall be subject to the
41 contract limits described in subdivision (1) of this subsection. If a majority of the
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42 r egister ed voters of the city voting on the question rej ect the adoption of contract limits,
43 no contract limits as described in this subdivision shall apply .
✔
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