Section 9.6 Proprietary Functions

• Library: Local Government Deskbook (2017 Ed.)

2. (§9.6) Proprietary Functions

The test for determining whether a municipal function is proprietary is whether it is for the special benefit or profit of the corporation. A number of municipal operations that are run as separate utilities fit this description well. But so do a number of other functions such as operation of a landfill or a hospital, which the courts have declared to be governmental. Langhammer v. City of Mexico, Mo., 327 S.W.2d 831 (Mo. 1959); State ex rel. Bd. of Trs. of City of North Kansas City Mem’l Hosp. v. Russell, 843 S.W.2d 353 (Mo. banc 1992).

The following municipal functions have been classified as proprietary:

· Operation of a water utility in selling

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