Section 1.15 Statutes as Primary Source of Authority for Local Governments

• Library: Local Government Deskbook (2017 Ed.)

A. (§1.15) Statutes as Primary Source of Authority for Local Governments

“A municipality derives its governmental powers from the state and exercises generally only such governmental functions as are expressly or impliedly granted it by the state.” City of Dellwood v. Twyford, 912 S.W.2d 58, 59 (Mo. banc 1995) (quoting Century 21 v. City of Jennings, 700 S.W.2d 809, 811 (Mo. banc 1985)). While the Constitution provides a general framework for governance of charter cities and counties, state statutes establish not just the parameters but virtually all of the specific powers that may be exercised by noncharter governmental entities. Although a few specific powers emanate directly from the Constitution—see §1.13, supra—noncharter governments are largely creatures of statute. “Municipalities are creatures of statute and only have the powers granted to them by the legislature. Courts generally follow a strict rule of construction when determining the powers of municipalities” (citation omitted). Burks v. City of Licking, 980 S.W.2d 109, 111 (Mo. App. S.D. 1998) (citing State ex rel. Mitchell v. City of Sikeston, 555 S.W.2d 281, 288 (Mo. banc 1977)). The fundamental principle of sovereign power being lodged in the state legislature was expressed at an early date by the Missouri courts in Harris v. William R. Compton Bond & Mortgage Co., 149 S.W. 603, 609 (Mo. banc 1912):

It is the consensus of opinion in this country that the power of the Legislature, in the creation of municipal and public corporations of every

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