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Title VII CITIES, TOWNS AND VILLAGES

Chapter 71

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  71.680.  Garbage and refuse collection and disposal, contracts for — disposal facilities, acquisition, bond issue and contracts. — 1.  In addition to their other powers for the protection of the public health, each city of the second, third, or fourth class of this state, and each city having less than ten thousand inhabitants which has a special charter, may provide for the gathering, handling and disposition of garbage, trash, cinders, refuse matter and municipal waste accumulating in such cities either by itself, or by contract with others, and may pay for the same out of general revenues or by collection of charges for such service, and may do such other and further acts as are expedient for the protection and preservation of the public health, as the public health may be affected by the accumulation of trash, cinders, garbage, refuse matter and municipal waste.  Such cities may acquire by purchase, construction, lease, gift or otherwise, within or without the corporate limits of such cities, incinerators for the destruction of garbage, trash, cinders, refuse matter and municipal waste; acquire by any of such means all equipment necessary or expedient for use in the collection, handling and disposition of garbage, trash, cinders, refuse matter and municipal waste; and acquire by any of such means purification plants or sewage disposal plants for the purification of all sewage accumulating in such cities.

  2.  Incinerators, equipment, purification plants or sewage disposal plants may be acquired by such cities with funds derived from the issue and sale of bonds in the manner provided by law for the issue and sale of bonds for other public purposes; or may enter into contracts for the construction or purchase of incinerators, equipment or purification plants or sewage disposal plants to be paid for out of the general revenues of such cities in annual installments; but the period of payment for any incinerators, equipment, purification plants or sewage disposal plants, or any contract for the construction, purchase or lease thereof out of the general revenues of such cities shall not extend over a longer period of time than ten years.

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(RSMo 1939 § 7429, A.L. 1955 p. 305)

Prior revision: 1929 § 7276

(1962) Injunction issued to prevent city of fourth class from constructing and maintaining sewage treatment facilities outside city limits in area designated by zoning ordinance of constitutional charter county as residential. St. Louis County v. City of Manchester (Mo.), 360 S.W.2d 638.

(1967) Sections 71.680 and 79.380, RSMo, when considered in pari materia, authorized condemnation by fourth class cities of easements and land for sewer lines and lagoons within five miles of the city, and by necessary implication, such cities have the authority to condemn an access easement in order to construct and maintain sewer lines and lagoons. State v. Riley (Mo.), 417 S.W.2d 1.

(1993) Where statute grants express power to condemn property outside of city's boundaries for incinerators, purification plants and sewage disposal plants, it does not include power to condemn property outside of city's boundaries for landfill.  State ex rel. County of St. Charles v. Mehan, 854 S.W.2d 531 (Mo App. W.D.)


---- end of effective   28 Aug 1955 ----

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