Missouri Attorney General Opinions

Section 486.040, RSMo 1969, requires a notary public to have a seal which when used makes an impression on the document on which it is used.

Opinion letter to Mr. Charles O’ Halloran

A school board of a six-director school district may terminate a probationary teacher's contract pursuant to the terms of subsection 2 of Section 168.126, RSMo 1969, if a written statement is delivered to the probationary teacher setting forth each and every area of incompetency in which the board desires improvement in sufficient detail so as to permit the teacher to have an opportunity to correct the alleged faults within ninety days. If the alleged incompetency is not corrected, the board may, pursuant to subsection 2 of Section 168.126, RSMo 1969, terminate the employment of the probationary teacher immediately or at the end of the school year.

1. A six-director school district which has exhausted its working capital or anticipates such exhaustion in the near future has the power without obtaining voter approval to borrow money to meet its current operating expenses, provided its unencumbered anticipated revenue for the calendar year is sufficient, at the time the loan is made, to repay the principal and interest on the indebtedness. 2. The highest rate of interest at which a six-director school district may contract to borrow money is eight percent per annum. There are no restrictions as to maturity date or form of obligation. However, Section 432.070, RSMo 1969, which governs a school district's contracts in general, is applicable to a six-director school district's contract to borrow money.

The Missouri Housing Development Commission is not disabled from retaining as "managing underwriter" in the marketing of its bonds or notes a firm engaged in the underwriting and investment banking business, which has served as the Commission's financial adviser in the past and which proposes to render further services as financial adviser, without additional compensation, if selected as managing underwriter.

Opinion letter to the Honorable Ronald R. McKenzie

(1) When the provisions of Section 137.073, RSMo 1969, become applicable because of an increase in the assessed valuation of property in a county, the lowering of the rate of a city library tax levy shall be only to the extent necessary to produce substantially the same amount of taxes for the library as previously estimated to be produced by the original levy, and the lowering of the rate of levy shall be subject to the limitation that the levy for the library shall not be reduced below a point that would entitle it to participate in state funds. (2) Revising the rates of levy so that the rate of levy applicable to the library will produce substantially less than the amount of taxes previously estimated to be produced by the original levy and so that rates of levy for other city purposes will produce substantially more taxes than had been estimated to be produced by the original levy is not in conformity with Section 137.073, RSMo 1969, even though the total city taxes produced by the revised rates of levy may equal the total taxes previously estimated to be produced by the original levy.

When two or more school districts consolidate and form a new school district, the new consolidated district should give the teachers under contract with each component district credit, in accordance with the Teacher Tenure Act, particularly Section 168.104, RSMo 1969, for all years of employment in a component district.

Opinion letter to the Honorable James C. Kirkpatrick

It is not necessary for a municipality, which allows the sale of liquor-by-the-drink, to pass an ordinance authorizing Sunday sales of liquor-by-the-drink where such sales are specifically provided for by the state Liquor Control Act. A municipality which allows the sale of liquor-by-the-drink cannot completely prohibit, by ordinance, the sale of liquor-by-the-drink on Sunday within that municipality where such sale is authorized by state law.

An individual eighteen years of age is not disqualified from being chosen as a presidential elector for Missouri.

Opinion letter to the Honorable David A Dalton

Opinion letter to the Honorable Barnes Griffith

Opinion letter to Mr. Joseph Jaeger, Jr.

Chapter 215, RSMo 1969, establishes the Missouri Housing Development Commission for a valid public purpose, that is, facilitating the provision of housing for persons and families of low and moderate income who are unable to obtain adequate housing through ordinary commercial means and that such legislation does not contravene any provision of the Missouri Constitution.

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to Mr. Dexter D. Davis

Review and certification of application of the State Board of Education for Grant under Title V of the Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended.

Consolidation of municipalities does not affect boundaries of six-member school district including one of the municipalities to be consolidated.

Neither the collector nor assessor of the City of St. Louis may charge fees for issuing statements certifying that no personal property taxes are owing for the preceding year to persons who are entitled to such statements under Section 301.025, RSMo 1969.

The Missouri Boat Commission is authorized to establish speed limit zones on the waterways of Missouri and to enforce compliance with such regulations.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable John J. Johnson

Section 50.660, RSMo 1969, which requires the solicitation of bids for certain county purchases applies to third class counties.

Opinion letter to the Honorable Richard M. Webster

Opinion letter to the Honorable James E. Spain

Opinion letter to Mr. Jack K. Smith

Opinion letter to Mr. Gene Sally

Opinion letter to the Honorable Ronald M. Belt

Opinion letter to the Honorable John W. , II

Opinion letter to the Honorable E. J. Cantrell

The American Party is an "established political party" within the Legislative District of Missouri and has authority to nominate a candidate of such party for the special election to be held in such district June 29, 1971, to fill a vacancy caused by the death of the representative from such district. The tender of a certificate of nomination of a candidate of the American Party for such office made to the Secretary of State June 15, 1971, should be accepted and filed by the Secretary of State.

Opinion letter to the Honorable William S. Brandom

Opinion letter to the Honorable Carl R. Noren

Opinion letter to Mr. William Wright

Opinion letter to the Honorable Robert S. Wiley

House Bill No. 23, of the Seventy-fifth General Assembly, Section 184.350-184.388, V.A.M.S., can be amended to place the establishment of subdistricts in addition to the three subdistricts now established in the Metropolitan St. Louis Cultural District before the voters of St. Louis City and County for approval or rejection and for purposes of funding.

Opinion letter to Mr. Joseph Jaeger, Jr.

The installation of publicly owned lighting equipment for streets and thoroughfares in municipalities by Union Electric or any other company pursuant to contract with such municipalities involves "construction" of "public works" as such terms are defined in the Missouri Prevailing Wage Act. Installation of lighting equipment for streets and thoroughfares by Union Electric or another public utility pursuant to an agreement with a municipality whereby ownership of such equipment is transferred to the utility company with the agreement that such ownership will be returned to the municipality upon completion of the installation involves "construction" of "public works" as such terms are defined in the Missouri Prevailing Wage Act.

Opinion letter to the Honorable James A. Noland , Jr.

Opinion letter to the Honorable Joe D. Holt

Opinion letter to Mr. B. W. Robinson

A county warrant may be executed by a county judge by the use of the facsimile signature of the county judge who is required to sign the warrant provided the manual signature of said judge has been properly filed with the Secretary of State.

Opinion letter to the Honorable Jack E. Gant

Opinion letter to the Honorable Arlie H. Meyer

Opinion letter to the Honorable Samuel J. Short, Jr.

Opinion letter to the Honorable Howard E. Hines