Missouri Revised Statutes
Chapter 72 - Classification and Consolidation of Cities, Towns and Villages
Section 72.130 - No incorporation within two miles of existing city, where, exceptions.

Effective - 15 May 2003
72.130. No incorporation within two miles of existing city, where, exceptions. — Except as provided in sections 72.400 to 72.420, no city, town, village or other area shall be organized within this state under and by virtue of any law thereof, adjacent to or within two miles of the limits of any city of the first, second, third or fourth classification or any constitutional charter city, unless the city, town, village or other area be in a different county from the city or unless the city, town, or village is located within any county of the first classification with more than eighty-two thousand but less than eighty-two thousand one hundred inhabitants, except that a city, town, village or other area may be incorporated within the two-mile area if a petition signed by a number of voters equal to fifteen percent of the votes cast in the last gubernatorial election in the area proposed to be incorporated is presented to the existing city requesting that the boundaries of the existing city be extended to include the area proposed to be incorporated and if action taken thereon by the existing city is unfavorable to the petition, or if no action is taken by the existing city on the petition, then the city, town, village or other area may be incorporated after the expiration of one year from the date of the petition and upon a favorable majority vote on the question.
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(RSMo 1939 § 6221, A.L. 1959 H.B. 207, A.L. 1965 p. 192, A.L. 1971 H.B. 28, A.L. 1973 H.B. 640, A.L. 1978 H.B. 971, A.L. 1995 H.B. 446, A.L. 2003 H.B. 166 merged with S.B. 238)
Effective 5-15-03 (S.B. 238); 8-28-03 (H.B. 166)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title VII - Cities, Towns and Villages

Chapter 72 - Classification and Consolidation of Cities, Towns and Villages

Section 72.030 - Third class cities.

Section 72.040 - Fourth class cities — villages may vote to become.

Section 72.050 - Villages — certain towns declared to be, when — villages may vote to become fourth class cities.

Section 72.060 - May cause census to be taken, when.

Section 72.070 - Election by city or town to become city of different class — village officers to act on becoming city.

Section 72.080 - Cities and towns may be incorporated in their respective classes — exception, certain cities must comply with boundary change law — exception, Cass County — owners of majority of certain class of property may object to incorporation,...

Section 72.090 - Unincorporated city entitled to become third class city — may incorporate and adopt commission form, when.

Section 72.100 - City or town situated on county line.

Section 72.110 - Jurisdiction to remain same.

Section 72.120 - Rights of property retained.

Section 72.130 - No incorporation within two miles of existing city, where, exceptions.

Section 72.132 - Signers to state name, address and date when signing petition — time limit on petition.

Section 72.135 - Resubmission within year prohibited.

Section 72.140 - Reorganization to take effect, when — officers hold, how long.

Section 72.150 - Certain adjoining municipalities may consolidate — certain cities to comply with boundary changes law — consolidation of certain cities, towns, or villages in counties of the first, second, or third classification.

Section 72.153 - Cities separated by street or stream may consolidate as though contiguous.

Section 72.155 - Consolidation ordinance when initiated by municipality — contents.

Section 72.160 - Petition of voters for election — county commission to order election, how and when.

Section 72.163 - Petition for consolidation, contents, verification.

Section 72.165 - County commission to submit question, when.

Section 72.167 - Approval of municipality of petition by citizens, procedure on — certification to county commission, contents.

Section 72.170 - Form of ballot.

Section 72.180 - Consolidation effective, when — more than two cities, vote against, effect.

Section 72.185 - Charter commission to recommend name and form of government of consolidated municipality — approval by election.

Section 72.195 - Bonded indebtedness of municipalities to become debt of consolidated municipality — when.

Section 72.200 - Elections governed by laws governing bond issue elections.

Section 72.205 - Three-year limit on elections on petition of citizens.

Section 72.210 - Two or more cities may consolidate — procedure.

Section 72.220 - Procedure — form of ballot to be used.

Section 72.300 - Absorption of municipalities authorized (certain third class counties).

Section 72.305 - Resolution to absorb, contents of.

Section 72.310 - Election, how ordered.

Section 72.320 - Form of ballot.

Section 72.325 - Procedure for, and effect of absorption.

Section 72.330 - Liabilities or legal actions, effect on.

Section 72.335 - Bonded indebtedness, effect on — notice of indebtedness required in resolution and election notice.

Section 72.340 - Ordinances, effect on — corporate existence to cease, when.

Section 72.345 - Notice of approval of absorption, who to send and receive.

Section 72.350 - Courts to take judicial notice of absorption.

Section 72.400 - Definitions.

Section 72.401 - Law to be exclusive for boundary changes if commission established (St. Louis County) — procedure for boundary change — commission members, qualifications, appointment, vacancies — notice of ordinance establishing commission — list o...

Section 72.402 - Rules and regulations, commission shall promulgate — procedure.

Section 72.403 - Powers and duties of commission to review all boundary changes — no changes submitted to commission until April 15, 2001, exceptions, procedures — plan of intent — notice, publication of — approval of change, factors to be considered...

Section 72.405 - Boundary changes, approval or disapproval — commission may modify proposal — minor corrections allowed, when — simplified boundary change, procedure — noncontiguous boundary changes, required proposals — prohibited boundary changes,...

Section 72.407 - Adoption of boundary change by voters, procedure — unincorporated pocket defined — cost of election, how paid — proposal concerning annexation and incorporation not to be submitted at same election, election void, when.

Section 72.408 - Limitation on resubmission — void petition, when.

Section 72.409 - Boundary change, effective when — transition committee established, members, how selected — to disband when delay in declaring new incorporated municipality, when — conflict of laws, this section to prevail.

Section 72.412 - Commission independent of county — budget request, appropriation level — application fee for annexation, use.

Section 72.414 - Approval of change, governing body to declare a municipality and designate metes and bounds — first officers designated by governing body.

Section 72.416 - Civil actions against commission, who may bring, cost and attorneys fees paid to commission, when.

Section 72.418 - New city not to provide fire services, when — annexation, continuation of services — city to pay fire protection district, amount — voting provisions.

Section 72.420 - Consolidation of multiple municipalities and unincorporated areas, must be contiguous — procedure, petition content — costs of election — ballot form — effective when — transition committee, how selected, duties.

Section 72.422 - Petition to remain unincorporated — unincorporated area proposal, procedure for creating established unincorporated areas — no boundary change to affect established unincorporated area prior to expiration.

Section 72.423 - Five-year planning cycle, procedures, map plans, review.

Section 72.430 - Standing for proposed boundary change.