79.010. Fourth class cities, incorporation of. — Any city of the fourth class in this state may become a body corporate under the provisions of this chapter, in the manner provided by law, under the name of "The city of ______", and by that name shall have perpetual succession, may sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity and in all actions whatever; may receive and hold property, both real and personal, within such city, and may purchase, receive and hold real estate within or without such city for the burial of the dead; and may purchase, hold, lease, sell or otherwise dispose of any property, real or personal, it now owns or may hereafter acquire; may receive bequests, gifts and donations of all kinds of property, and may have and hold one common seal, and may break, change or alter the same at pleasure, and all courts of this state shall take judicial notice thereof.
Notes of Decisions
Burks v. City of Licking, 980 S.W.2d 109 (Mo. Ct. App. 1998).
· cites it 24× “For its statutory authority to purchase the land, the City relies, in part, on § 79.010. 2 This statute provides, in pertinent part, that any fourth class city “may receive and hold property, both real and personal, within such city, and may purchase, receive and hold real…”
Copeland v. City of Union, 534 S.W.3d 298 (Mo. Ct. App. 2017).
· cites it 3× “Appellant is an individual resident and current elected City Collector of Respondent, which is a fourth-class city in Franklin County, Missouri, organized pursuant to Section 79.010 RSMo 2000. On April 6, 2010, Appellant was elected to the position of City Collector.”
Collins v. Vernon, 512 S.W.2d 470 (Mo. Ct. App. 1974).
· cites it 3× “, authorizes municipal corporations to purchase property for use as an airport, the statutes do not give such corporations the authority to sell airport property; and (3) the general authority contained in Sections 79.010 to 79.390 RSMo 1969, V.A.”
Gunter v. City of St. James, 189 S.W.3d 667 (Mo. Ct. App. 2006).
· cites it 2× “James ("the City") is a Missouri municipal corporation of the fourth class, organized pursuant to section 79.010. The individuals listed above as Appellants are all members of the "duly elected City Council of the City .”
City of Strafford v. Croxdale, 272 S.W.3d 401 (Mo. Ct. App. 2008).
· cites it 2× “The City incorporated as a fourth-class city in 1968 pursuant to section 79.010 which allows such an incorporating city to sue and be sued in its own name and concludes with the statement that "all courts of this state shall take judicial notice thereof.”
Kindred v. City of Smithville, 292 S.W.3d 420 (Mo. Ct. App. 2009).
· cites it 2× “” § 79.010. A fourth-class city also has the power to purchase easements as necessary to operate its waterworks system.”
Iron Cnty. v. State Tax Comm'n, 437 S.W.2d 665 (Mo. 1968).
· cites it 2× “2d 292 ; § 79.010, RSMo 1959, V.A.M.S. The Circuit Court set aside the decision of the Tax Commission on the basis that there was no competent and substantial evidence upon the whole record to support the Commission’s finding that Ru-beroid’s leasehold interest had no value on…”
Shelby Cnty. R-IV Sch. Dist. v. Herman, 392 S.W.2d 609 (Mo. 1965).
“We take judicial notice of the organization of cities of the fourth class, § 79.010, V.A.M.S.; City of Savannah v. Dickey, 33 Mo.”
Amusement Centers, Inc. v. City of Lake Ozark, 271 S.W.3d 18 (Mo. Ct. App. 2008).
“See § 79.010 (authorizing a fourth class city to “purchase, hold, lease, sell or otherwise dispose of any property, real or personal, it now owns or may hereafter acquire”).”
Fidler v. Pers. Comm. ex rel. City of Raytown, 766 S.W.2d 158 (Mo. Ct. App. 1989).
· cites it 2× “Raytown is a fourth class city organized pursuant to § 79.010, RSMo 1986. The elected officers of the city are a mayor, board of aldermen and, subject to certain conditions, a city marshal and a collector.”
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