70.230. Procedure for exercising power. — Any municipality may exercise the power referred to in section 70.220 by ordinance duly enacted, or, if a county, then by order of the county commission duly made and entered, or if other political subdivision, then by resolution of its governing body or officers made and entered in its journal or minutes of proceedings, which shall provide the terms agreed upon by the contracting parties to such contract or cooperative action.
Notes of Decisions
State ex rel. St. Louis Hous. Auth. v. Gaertner, 695 S.W.2d 460 (Mo. 1985).
· cites it 4× “There we held that the Housing Authority was a "municipality" within the compass of § 70.230, RSMo 1978. It seems only reasonable that the legislature would have had this holding in mind when, eight years later it enacted § 71.”
St. Louis Hous. Auth. v. City of St. Louis, 239 S.W.2d 289 (Mo. 1951).
· cites it 4× “The 1947 Act further provides (Section 70.230) that the power granted may be exercised “by ordinance duly enacted * * * or * * * by resolution of governing body * * * which shall provide the terms agreed upon by the contracting parties, ’ ’ etc.”
Copeland v. City of Union, 534 S.W.3d 298 (Mo. Ct. App. 2017).
· cites it 2× “firm, association or corporation, for the planning, development, construction, acquisition or opératión of any public improvement or facility, or for a common service; provided, that the subject and purposes of any such contract or cooperative action made and entered into by…”
Carson v. Oxenhandler, 334 S.W.2d 394 (Mo. Ct. App. 1960).
· cites it 2× “220 provides that any political subdivision of the state may contract and cooperate with any other political subdivision “ * * * for the planning, development, construction, acquisition or operation of any public improvement or facility, or for a common service; provided, that…”
Schmoll v. Hous. Auth. of St. Louis Cnty., 321 S.W.2d 494 (Mo. 1959).
· cites it 2× “§ 70.230. It is said that no time is fixed and no consideration to the county expressed or provided and therefore the agreement is void.”
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