Missouri Revised Statutes

Mo. Rev. Stat. § 70.260 (2026)

Provisions which may be included in the joint contract

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  70.260.  Provisions which may be included in the joint contract. — 1.  The joint contract may also provide for the establishment and selection of a joint board, commission, officer or officers to supervise, manage and have charge of such joint planning, development, construction, acquisition, operation or service and provide for the powers and duties, terms of office, compensation, if any, and other provisions relating to the members of such joint board, commission, officers or officer.  Such contract may include and specify terms and provisions relative to the termination or cancellation by ordinance, order or resolution, as the case may be, of such contract or cooperative action and the notice, if any, to be given of such cancellation, provided that such cancellation termination shall not relieve any party participating in such contract or cooperative action from any obligation or liability for its share of the cost or expense incurred prior to the effective date of any such cancellation.

  2.  Any joint board or commission created pursuant to this section shall be a separate legal entity and shall constitute a body corporate and politic, and shall have, in addition to any other powers reasonably necessary to the exercise of its function under the contract, the following powers:

  (1)  To sue and be sued in its corporate name;

  (2)  To take and hold any property, real or personal, in fee simple or otherwise;

  (3)  To sell, lease, lend or otherwise transfer any property or interest in property owned by it;

  (4)  To make contracts;

  (5)  To have and use a corporate seal; and

  (6)  To issue bonds, notes or other evidence of indebtedness, in its own name, on behalf of the municipalities or political subdivisions that are parties to the joint contract; subject, however, to any requirements for voter approval as may be imposed by law on any of the contracting municipalities or political subdivisions.

  3.  Such bonds, notes or other indebtedness may be payable from or secured by any property, interest or income of the separate legal entity or the contracting entities, from whatever source derived, but shall not constitute a charge against or indebtedness of the municipalities or political subdivisions on behalf of which such bonds, notes or other indebtedness are issued.  In issuing such bonds, notes or other indebtedness, the separate legal entity shall act as the constituted authority of the municipalities or political subdivisions on behalf of which the bonds, notes or other indebtedness are issued.

  4.  The duration of any joint board or commission referred to in this section may be perpetual or as otherwise provided in the joint contract under which it was created; however, any property owned or held by such legal entity shall become the property of the municipalities or political subdivisions that are parties to the joint contract upon dissolution of the legal entity.

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(L. 1947 V. I p. 401 § 7403c, A.L. 1989 H.B. 487 merged with S.B. 98)

Effective 7-14-89

Notes of Decisions
Cited in 6 cases, 1967–1992 · leading case: Stacy v. Truman Med. Ctr., 836 S.W.2d 911 (Mo. 1992).
Stacy v. Truman Med. Ctr., 836 S.W.2d 911 (Mo. 1992). · cites it 10× “Section 70.260, RSMo 1986, allows for the establishment and selection of such a joint commission or board to supervise and manage services contemplated in the agreement.”
Cape Motor Lodge, Inc. v. City of Cape Girardeau, 706 S.W.2d 208 (Mo. 1986). · cites it 3× “Further, a reading of the Multi-Use Center Agreement shows that the agreement comports with section 70.260, RSMo 1978, which outlines the provisions which may be included in the joint contract.”
State ex rel. Reg. Just. Info. Serv. Comm. v. Saitz, 798 S.W.2d 705 (Mo. 1990). · cites it 4× “Specifically, § 70.260 provides for the establishment of a joint commission.”
State ex rel. Bd. of Trs. of North Kansas City Mem'l Hosp. v. Russell, 843 S.W.2d 353 (Mo. 1992). “banc 1990) (REJIS, created under authority of § 70.260); State ex rel. Trimble v. Ryan, 745 S.”
State ex rel. Reg'l Just. Info. Serv. Comm'n v. Saitz, 798 S.W.2d 705 (Mo. 1990). · cites it 4× “Specifically, § 70.260 provides for the establishment of a joint commission.”
Kansas City v. City of Raytown, 421 S.W.2d 504 (Mo. 1967). “260 recognizes that the right of termination exists and permits specific terms and conditions with respect thereto to be put in the contract, but it requires the party cancelling the contract to compensate the other for any cost or expense incurred.”
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