Books and Journals Section 2.19 Legislative Duties and Their Nondelegable Nature

Section 2.19 Legislative Duties and Their Nondelegable Nature

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C. (§2.19) Legislative Duties and Their Nondelegable Nature

Certain powers and duties cannot be delegated. As mentioned in previous sections of this chapter, the Missouri Constitution (as applied to charter cities) and state statute (as applied to third class cities, fourth class cities, towns, villages, etc.) imbue local government with limited sovereign powers. One of these powers is legislative in nature: the power to enact ordinances addressing local concerns. See, e.g., State ex rel. RAS Inv., Inc. v. Landon, 75 S.W.3d 847, 850 (Mo. App. W.D. 2002) (the city council, the legislative body of a third class city, has those legislative powers delegated to it by the General Assembly); City of St. Louis v. Weitzel, 31 S.W. 1045, 1049 (Mo. 1895) (comparing a city’s legislative authority to create ordinances to that of the General Assembly enacting a statute). See also McCarty v. City of Kansas City, 671 S.W.2d 790, 795 (Mo. App. W.D. 1984) (“The grant of the legislative power to municipalities is subject to limitations imposed by . . . statute and [a city] may not broaden...

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