*79.130. Ordinances — procedure to enact — inapplicable, when. — 1. The style of the ordinances of the city shall be: "Be it ordained by the board of aldermen of the city of ______, as follows:" No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the board of aldermen shall vote for it, and the ayes and nays be entered on the journal. Every proposed ordinance shall be introduced to the board of aldermen in writing and shall be read by title or in full two times prior to passage, both readings may occur at a single meeting of the board of aldermen. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the board of aldermen. No bill shall become an ordinance until it shall have been signed by the mayor or person exercising the duties of the mayor's office, or shall have been passed over the mayor's veto, as herein provided.
2. The provisions of this section shall not apply to ordinances proposed or passed under section 79.135.
Notes of Decisions
Chad v. City of Lake Ozark, 223 S.W.3d 208 (Mo. Ct. App. 2007).
· cites it 13× “120 had been previously applied so as to permit a Mayor to break a tie in cases of the passage of ordinances, pursuant to § 79.130, § 79.120 would logically apply to break a tie in the context of § 79.”
City of Gainesville v. Gilliland, 718 S.W.2d 553 (Mo. Ct. App. 1986).
· cites it 9× “because there was sufficient and substantial evidence to find that [the City], a city of the fourth class, by its city council fulfilled the mandatory requirements of § 79.130, RSMo 1978, and reached a settlement with Gilliland in that the city council met on September 13, 1984,…”
Adams v. City of Manchester, 242 S.W.3d 418 (Mo. Ct. App. 2007).
· cites it 10× “*424 Section 79.130 mandates “[n]o ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the board of aldermen shall vote for it.”
Hardesty v. City of Buffalo, 155 S.W.3d 69 (Mo. Ct. App. 2004).
· cites it 12× “The Eastern District of this Court agreed and reversed the trial court’s judgment: Although we have found no Missouri cases addressing whether a mayor is considered one of the “members elected to the board of aldermen” under § 79.”
Moore v. City of Pac., 534 S.W.2d 486 (Mo. Ct. App. 1976).
· cites it 5× “Section 79.130, RSMo 1969, and its predecessor statutes, prescribe procedures for ordinance enactment in cities of the fourth class.”
Cimasi v. City of Fenton, 659 S.W.2d 532 (Mo. Ct. App. 1983).
· cites it 5× “Section 79.130 RSMo (1978) describing the procedure a city of the fourth class must follow to enact an ordinance, provides in pertinent part: “No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members…”
City of Salisbury v. Nagel, 420 S.W.2d 37 (Mo. Ct. App. 1967).
· cites it 4× “Defendants challenge the legal sufficiency of the resolution to annex additional territory on the ground that no entry was made on the journal or in the minutes of proceedings of the board of aldermen to show the “ayes” and “nays” voted on the proposition — a procedure…”
State ex rel. Ciaramitaro v. City of Charlack, 679 S.W.2d 405 (Mo. Ct. App. 1984).
· cites it 3× “120, however, permits the mayor to vote on issues before the board of aider-men in order to break a tie vote, provided that the mayor is not an “interested party” in the proposal before the board.”
Great Rivers Habitat All. v. City of St. Peters, 246 S.W.3d 556 (Mo. Ct. App. 2008).
· cites it 2× “GRHA’s petition for declaratory judgment asserts that these legislative findings are arbitrary and capricious; that the City’s adoption of a subsequent ordinance violated the TIF Act and the public notice provisions of section 79.130; 2 and that the TIF Act itself is…”
State Ex Rel. Wilson v. Murray, 955 S.W.2d 811 (Mo. Ct. App. 1997).
· cites it 2× “Section 79.130 says, "No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the board of aldermen shall vote for it, and the ayes and nays be entered on the journal; and all bills shall…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.