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BULLET St. Louis City Charter Article XXV Miscellaneous Provisions*

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 XXV
Miscellaneous Provisions*

* City Counselor Ops.: 10291

Section 1 Changes in administrative provisions.

The board of aldermen may by ordinance adopted by vote of two-thirds of all the members, on the recommendation of the board of estimate and apportionment, discontinue any division established by this charter, create new or additional divisions, and determine, combine and distribute the functions and duties of divisions, officers and employes.

City Counselor Ops.: 8199, 8201, 8401, 9658, 9911, 10085

Cases:

The board may not transfer the duties of a city officer to his assistant. State v. Reber, 126 S.W. 397, 226 Mo. 226 (1910).

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 Taxation of raw materials and finished products, tools and machinery, and sales.

The raw material and finished products of manufacturers in the city, as well as all tools, machinery and appliances used by them and the stock in trade and appliances of merchants in the city, may be taxed as a separate class under the laws of the state and a lower rate may be levied by the city on such property so classified than on real estate and other property, and the city may by ordinance levy a tax upon the sales made by manufacturers and merchants in the city.

Section 3 Assessments for planting shade trees and removal of snow, ice, rubbish and weeds.

The board of aldermen may provide by ordinance for assessing against the abutting property the cost of planting shade trees and of removing from sidewalks accumulations of snow, ice and earth and for assessing against property the cost of cutting and removing therefrom noxious weeds and rubbish.

City Counselor Ops.: 9861

Section 4 Approval of official bonds; faithful performance required.

Unless otherwise provided in this charter all bonds shall be approved as to their sufficiency by the comptroller. The bond of the comptroller as to its sufficiency shall be approved by the mayor. All official bonds shall, among other things, be conditioned for the faithful performance of the duties of the office. For any breach of the condition of any bond, suit may be instituted thereon by the city, or any person or persons in the name of the city, for the use of such person or persons.

City Counselor Ops.: 1019

Section 5 When additional official bond required.

If at any time it appears to the mayor or comptroller that the surety or sureties of any official bond are insufficient, he shall require the officer or employee to give additional bond, and, if such officer or employee fails to give such additional bond within ten days after he shall have been notified, his office shall be vacant.

Section 6 Mayor's contingent fund.

A contingent fund shall be provided by ordinance for the mayor, to be used by him at his discretion, and at the end of his term he shall make a report in general terms to the board of aldermen of the disposition thereof.

Section 7 Construction of title "board of election commissioners."

Any reference in this charter to the board of election commissioners shall be taken to include any board or persons having charge of elections in the city.

Section 8 Appeals by city in judicial proceedings.

The city in taking an appeal in any judicial proceeding shall give bond as required by law, but need not furnish security therefor.

Section 9 Execution of city's contracts.

All contracts relating to city affairs shall be in writing, signed and executed in the name of the city. In cases not otherwise provided by law or ordinance, they shall be made by the comptroller, and in no case by the board of aldermen or any committee thereof. Contracts not made by the comptroller shall be countersigned by him, and all contracts shall be filed and registered by number, date and contents with the register.

City Counselor Ops.: 7825, 8010, 8157A, 8622, 9016, 9844, 9987

Cases:

A contract, not for an emergency, and not complying with the provisions of this section, did not bind the city. West Virginia Coal Co. v. City of St. Louis, 25 S.W. 2d 466, 324 Mo. 968 (1930).

The fact that the comptroller must countersign contracts does not give him the right to make contracts. Kirby v. Nolte, 164 S.W. 2d 1, 349 Mo. 1015 (1942).

Right to compensation of superintendent of hospital rested upon ordinance, not contract. McCellan v. City of St. Louis, 170 S.W. 2d 131 (1943).

City employees lacked standing as taxpayers to challenge the city's actions in contracting out acute care and long term health services where they failed to show that the city's actions would necessarily result in the loss of revenue to the city or in an increased tax burden and where, in fact, the city's actions would save a substantial amount of money in the foreseeable future. Brock v. City of St. Louis, 724 S.W. 2d 721 (1987).

Physicians who, having been offered positions as physicians-in-training and who were assured by city officials that if their work was satisfactory they would advance and complete the program, and who were a special class of civil service employees in the classified civil service, did not have a constitutionally protected property interest to continued employment which entitled them to damages against the city when the city closed the medical program due to budget restrictions, financial exigency and other reasons. Kennedy v. City of St. Louis, 749 S.W. 2d 427 (Mo. App. 1988).

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 10 City records to be open to mayor, comptroller and board of aldermen.

All books, records and papers in any department, office or division shall be open to the mayor, comptroller or any committee of the board of aldermen.

History:

Submission Ordinance No. 66330

Submission Ordinance Approval July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 11 City surveyors.

The mayor may appoint any number of civil engineers as city surveyors for a term of four years, whose duties and powers shall be as provided by law in regard to county surveyors. Each city surveyor shall when appointed give bond to the city for fifteen thousand dollars, conditioned for the faithful performance of his duties. Such bond may be sued upon by any person injured by the official acts of such surveyor.

City Counselor Ops.: 8103

Section 12 Where city's notices, etc., published.

All publications not otherwise herein provided for shall be published in the paper or papers having the contract to do the city publishing at the time.

Section 13 City marshal to execute process for boards and officers.

Any board or officer authorized by this charter to subpoena witnesses and order the production of books and papers shall have the services of the city marshal to execute process, and provisions shall be made by ordinance for punishing failure to obey any such subpoena or order.

Section 14 Maximum work day and minimum wage for mechanics and laborers.

Except in case of emergency, not to exceed eight hours shall constitute a day's work for all mechanics and laborers employed by the city, and not less than the prevailing rate of wages shall be paid.

Section 15 Construction of word "office."

Where the word "office" is used in this charter to indicate a branch of the city government, it shall be construed to refer to any branch not in or under any department, and shall include the office of the mayor, register, marshal, city court judges and clerk of the city courts.

City Counselor Ops.: 8234, 9120

Section 16 Construction of words "person" or "persons."

Unless the context indicates a different intent and except when referring to a person holding an office of employment under the city, the words " person" or "persons" in this charter will be construed to include person, firm, corporation, company or association, and the plurals thereof.

Section 17 Ordinances in aid of state law.

The board of aldermen may by ordinance make any provision necessary to carry into execution the laws of the state relating to state, school, city and other revenue, and any power, duty or trust under any of the laws of the state, vested in or imposed upon any body or officer of any county or of this city by the laws of the state may be exercised by such body or officer of the city as may be provided by ordinance consistent with the provisions of this charter.

City Counselor Ops.: 9953

History:

Submission Ordinance No. 66329

Submission Ordinance Approved July 23, 2004.

Amendment Substance: reorganizes certain city offices.

Voter Rejection Date: November 2, 2004.

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