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.
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(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
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 78 - Optional Forms, Cities of the Third Classification
Section 78.020 - Organization.
Section 78.030 - Election — petition for — how held — officers elected, when.
Section 78.040 - Officers — quorum — mayor to have no veto.
Section 78.050 - Salaries, how computed.
Section 78.060 - Powers of council — departments.
Section 78.070 - Mayor and councilmen to superintend departments — council to elect city officers.
Section 78.080 - Election of mayor and councilmen.
Section 78.090 - Election, primary — held when — elimination of primary, when.
Section 78.100 - Candidate to file statement.
Section 78.120 - Form of ballot.
Section 78.140 - Who shall be candidates.
Section 78.160 - Council meetings.
Section 78.170 - Appropriations — power of council.
Section 78.180 - Itemized statement of receipts and expenses — accounts to be examined, how.
Section 78.200 - Ordinance by initiative — procedure.
Section 78.210 - Ballots — such ordinance may be repealed, how.
Section 78.220 - Proposed ordinance — effective, when — referendum.
Section 78.230 - Organization may be abandoned — charter may be resumed — procedure.
Section 78.240 - Contents of petition.
Section 78.250 - Council may create and discontinue offices — may change compensation.
Section 78.260 - Officer may be removed — procedure.
Section 78.270 - Clerk to ascertain sufficiency of petition — council to order election.
Section 78.280 - Election — form of ballot.
Section 78.290 - Incumbent may be candidate.
Section 78.310 - Civil service commissioners — appointment.
Section 78.320 - Tenure — qualifications.
Section 78.330 - Removal — council to supply necessary equipment.
Section 78.350 - Examination of applicants.
Section 78.360 - Removal from office.
Section 78.370 - General powers and duties.
Section 78.380 - Provisions to apply to whom.
Section 78.400 - Laws applicable — territorial limits not to change.
Section 78.430 - Third class city may adopt city manager form of government — procedure.
Section 78.440 - Laws shall apply, when — limits of city to remain same.
Section 78.450 - City may abandon plan — procedure — election — form of ballot.
Section 78.460 - Council to consist of five members — term — vacancies, how filled.
Section 78.470 - Candidates may be nominated by primary election, exception.
Section 78.480 - Statement of candidacy if running in primary election, exception.
Section 78.510 - Primary shall not be required, when.
Section 78.520 - General election — official ballot for use following a primary election.
Section 78.530 - City elections, alternative procedure eliminating primary elections.
Section 78.540 - Conduct of election — council to establish voting precincts.
Section 78.560 - Organization of city council.
Section 78.570 - Powers of council — city manager.
Section 78.580 - Quorum to do business.
Section 78.590 - Meetings of the council — salary determined by city council.
Section 78.600 - Officials — appointment.
Section 78.610 - City manager — duties.
Section 78.620 - Manager shall file itemized statements.
Section 78.703 - City may abandon plan, when — procedure, election, ballot form.
Section 78.706 - City to be divided into five wards, procedure.