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BULLET St. Louis City Charter Article XVI Board of Estimate and Apportionment*

St. Louis City Charter has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis Missouri City Charter may be obtained from the Register's Office at the St. Louis City Hall.



Article XVI
Board of Estimate and Apportionment*

* City Counselor Ops.: 9724

History:

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 1 Composition; records; secretary.

There shall be a board of estimate and apportionment which shall consist of the mayor, comptroller and president of the board of aldermen. It shall keep a record of its proceedings and appoint an employee of the comptroller's office to act as secretary without additional compensation.

City Counselor Ops.: 8071

Cases:

The board is not liable for funds illegally spent since the board merely recommends payment of monies. Mashak v. Poelker, 356 S.W. 2d 713 (1962).

Official meetings and votes of the board must be open to the public. Cohen v. Poelker, 520 S.W. 2d 50 (1975).

The Board of Estimate and Apportionment of the city of St. Louis is a "public governmental body" within the meaning of the "Sunshine Law." Cohen v. Poelker, 520 S.W. 2d 50 (1975).

Board did not have discretion to delete or modify certain items included in circuit court's budget estimates without first obtaining relief from Judicial Finance Commission. State ex rel. Twenty Second Jud. Circuit v. Jones, 823 S.W. 2d 471 (Mo.banc 1992).

McQuillin:

39.39-39.43 Estimates of Probable Expenditures, or the Budget Law; In General

History:

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 2 Statements and estimates to be furnished board.

The head of every department, board or office shall furnish to the board of estimate and apportionment such statements of receipts and expenses and estimates of receipts and requirements of such department, board or office as said board of estimate and apportionment may require.

Cases:

A funding arrangement for the building of a convention center approved by two-thirds of the electorate did not constitute an amendment to this charter section. Wunderlich v. City of St. Louis, 511 S.W. 2d 753 (1974).

Board did not have discretion to delete or modify certain items included in circuit court's budget estimates without first obtaining relief from Judicial Finance Commission. State ex rel. Twenty Second Jud. Circuit v. Jones, 823 S.W. 2d 471 (Mo.banc 1992).

History:

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 3 Annual budget and tax rate.

The Board of Estimate and Apportionment shall submit to the Board of Aldermen on or before sixty (60) days prior to the start of each Fiscal Year for the City of St. Louis a statement showing the estimated receipts and an operating budget for the General Fund and all other operating funds. The budgets shall include a Table of Organization, as well as personnel, supplies, maintenance, repairs, services, and contractual requirements of each department, board, and office for the Fiscal Year beginning on the first day of that Fiscal Year and a comparative statement of the receipts and expenses for the previous year as well as the estimates for the current Fiscal Year, first, however affording taxpayers an opportunity to be heard thereon as may be provided by ordinance.

The Board of Estimate and Apportionment shall also annually and on or before sixty (60) days prior to the start of each Fiscal Year submit and recommend to the Board of Aldermen a proposed ordinance appropriating the amounts deemed necessary for the Table of Organization, as well as the personnel, supplies, maintenance, repairs, services, and contractual requirements for the use of each department, board, and office for that Fiscal Year and a proposed ordinance establishing the City tax rates for said Fiscal Year, provided that the appropriations for payment of salaries and compensation of officers and employees may, in the discretion of the Board of Estimate and Apportionment, be embodied in a separate proposed ordinance. The Board of Aldermen shall immediately proceed to the consideration of said proposed ordinance or ordinances. The Board of Aldermen or one of its Committees shall meet daily Monday through Friday, until the ordinance or ordinances are finally acted upon, and said Board of Aldermen shall finally act upon said proposed ordinance(s) before the start of the Fiscal Year. The Board of Aldermen may reduce the amount of any item in the appropriating proposed ordinance, except amounts fixed by statute or for the payment of principal or interest of the City debt or for meeting any ordinance obligations, but it may not increase such amount nor insert new items unless specifically approved by the Board of Estimate and Apportionment, or unless the Board of Estimate and Apportionment has failed to recommend the appropriating, City tax rate, and salary compensation proposed ordinance or ordinances on or before sixty (60) days prior to the start of that Fiscal Year.

In the event the Board of Estimate and Apportionment has not recommended said proposed ordinance or ordinances to the Board of Aldermen by or before sixty (60) days prior to the start of the Fiscal Year, the Budget Director for the City of St. Louis shall submit without approval by the Board of Estimate and Apportionment directly to the Board of Aldermen by or before sixty (60) days prior to the beginning of the Fiscal Year an estimate of revenues for the following year and a statement of a Table of Organization and all other expected requirements of each department, board, and office from which the Board of Aldermen shall approve an operating budget through the enactment of an ordinance or ordinances before the start of that Fiscal Year.

Notwithstanding the provisions of Article IV Section 16 of the Charter of the City of St. Louis in the event the Board of Aldermen has not finally acted upon said proposed ordinance or ordinances by the start of the Fiscal Year, the proposed ordinance or ordinances recommended by the Board of Estimate and Apportionment or in its absence the submission by the Budget Director shall be considered to have been approved by the Board of Aldermen.

City Counselor Ops.: 7660, 7727, 8071, 9047, 9761, 10132, 10209, 10224, 10519

Cases:

Ordinance fixing salaries of class of employees was not an appropriation ordinance requiring an estimate by the board. State v. Miller, 285 S.W. 504, 315 Mo. 41 (1926); State v. City of St. Louis, 204 S.W. 2d 234, 356 Mo. 820 (1947).

Since the board of aldermen may reduce the amount of any item recommended by the board, it may reduce an appropriation once made. City of St. Louis v. Smith, 228 S.W. 2d 780, 360 Mo. 406 (1950).

An ordinance passed for condemnation need not have the recommendation of the board. City of St. Louis v. Breuer, 223 S.W. 108 (1920).

A funding arrangement for the building of a convention center approved by two-thirds of the electorate did not constitute an amendment to this charter section. Wunderlich v. City of St. Louis, 511 S.W. 2d 753 (1974).

Requirement that board "submit and recommend" proposed budget ordinance sixty days prior to start of fiscal year did not require formal introduction of budget ordinance prior to that date. State ex rel. Conway v. Villa, 847 S.W. 2d 881 (Mo. App. E.D. 1993)

History:

Submission Ordinance No. 56786

Submission Ordinance Approved June 27, 1974.

Amendment Substance: repeal Section 3, relating to Board of Estimate and Apportionment and Board of Aldermen daily meetings to adopt an annual budget of the City; enacting a new Section 3 containing the same subject matter except omitting the requirements of daily meetings to adopt an annual budget.

Voter Rejection Date: November 5, 1974.

Submission Ordinance No. 57082

Submission Ordinance Approved December 5, 1975.

Amendment Substance: to repeal Section 3 requirement that Board of Aldermen meet daily while annual budget and appropriation bills are pending.

Voter Adoption Date: August 3, 1976.

Submission Ordinance No. 60198

Submission Ordinance Approved January 30, 1987.

Amendment Substance: repeal Section 3, relating to Board of Estimate and Apportionment's submission to the Board of Aldermen of an annual statement of receipts and requirements of each department, board or office and bills appropriating amounts necessary; enacting a new Section 3 adding specific time requirements before the start of the fiscal year for certain actions by the Board of Estimate and Apportionment and the Board of Aldermen; providing that the Board of Aldermen or a committee shall meet daily Monday through Friday; providing for increase of amounts and insertion of new items by the Board of Aldermen if the Board of Estimate and Apportionment fails to make timely recommendations; providing if the Board of Aldermen has not finally timely acted before the start of a fiscal year, then the submission of the Budget Director shall be considered an ordinance approved by the Board of Aldermen.

Voter Adoption Date: April 7, 1987.

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 4 How appropriations to be set up.

All appropriations shall be specific and in detail and be segregated according to the functions or kinds of work for which the money is appropriated.

City Counselor Ops.: 7928, 10224

Section 5 Limitations on appropriations.

Except in the general appropriation bill and bills providing for the payment of the principal or interest of the public debt, no appropriation shall be made from any revenue fund in excess of the amount standing to the credit of such fund, and no appropriation shall be made from any fund for any purpose to which the money therein is not lawfully applicable.

City Counselor Ops.: 10224

Section 6 Disposition of unappropriated revenue and transfer of appropriated funds.

Any accruing, unappropriated city revenue may be appropriated from time to time by ordinance recommended by the board of estimate and apportionment; and whenever an appropriation exceeds the amount required for the purpose for which it has been made, the excess or any portion or portions thereof may by ordinance recommended by the board of estimate and apportionment be appropriated to any other purpose or purposes.

City Counselor Ops.: 7928, 10224

Section 7 Reversion of unexpended appropriations.

All unexpended appropriated money, not appropriated by special ordinance for a specific purpose, shall at the end of the current fiscal year revert to the fund or funds from which the appropriation was made.

City Counselor Ops.: 7850, 7928, 9761, 10224

Cases:

Since there is a minimum appropriation for the department of personnel, the unused portion of that minimum does not revert back. Kirby v. Nolte, 164 S.W. 2d 1, 349 Mo. 1015 (1942).

Section 8 Fiscal year.

A fiscal year as mentioned in this charter shall commence on the second Tuesday in April of each year, or at such other time as may be provided by ordinance recommended by the board of estimate and apportionment.

McQuillin:

39.38 Fiscal Year

Set by ordinance: 5.14.020

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