St. Louis City Charter Scheme
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.
For the Separation and Reorganization of the Governments of the City and County of St. Louis and the Adjustment of Their Relations.
The following scheme for the separation of the governments of St. Louis city and county, the definition of the boundaries of said city as enlarged, the reorganization of the government of said county, and the adjustment of [the]** relations between said city and county so that they shall hereafter be independent of each other, is hereby adopted as the organic law thereof.
*Editor's note: The scheme was framed by a board of freeholders pursuant to the provisions of Const. (1875), art. IX, § 20, and was adopted by vote of the people of St. Louis on August 22, 1876. It went into effect on that date.
Consolidation of the City and County of St. Louis is authorized by Const. (1945), art. VI, § 30.
**Editor's note: The word "[the]" appeared in the original as "their."
Section 1 Boundaries of the City of St. Louis; territory of St. Louis County.
The boundaries of the City of St. Louis are hereby enlarged, settled and established as follows:
The corporate limits of the City of St. Louis shall comprise all that district of country situated in the County of St. Louis and State of Missouri, to-wit: Beginning at a point in the middle of the main channel of the Mississippi River and running thence westwardly at right angles to said channel to a point on the west bank of said river two hundred feet south of the center of the mouth of the River des Peres; thence westwardly and parallel to the center of the River des Peres and two hundred feet south thereof to the eastern line of the Lemay Ferry Road; thence westwardly to a point in the west line of said Lemay Ferry Road at its intersection with the center of the Weber Road; thence westwardly along the center of the Weber Road to its intersection of the east line of lot one (1) of the Carondelet commons south of the River des Peres; thence westwardly to the southeast corner of Rudolph Overman's or northeast corner of B. H. Haar's land; thence westwardly to said Haar's northwest corner; thence northwestwardly to a point in the center of the Gravois Road six hundred (600) feet southwardly from the center of the bridge across the River des Peres; thence northwestwardly to the southeast comer of lot thirty-one (31) of the subdivision of the Mackenzie tract in United States survey one thousand, nine hundred, and fifty-three (1,953); thence northwestwardly in continuance of said last-mentioned line to the southern line of lot twenty-one (21) of the subdivision of the said Mackenzie tract; thence northwestwardly to a point in the southern line of United States survey two thousand and thirty-five, twenty-six (26) chains eastward from the southwest corner of said survey; thence northwardly to a point in the north line of the subdivision of East Laclede six hundred (600) feet west of the McCausland Road; thence northwardly and parallel with the center of the McCausland Road to a point on the Clayton Road six hundred (600) feet west of its intersection with the McCausland road; thence northwardly and parallel with the Skinker Road and six hundred (600) feet west thereof to its intersection with the old Bonhomme Road; thence northeastwardly to the intersection of the center line of McLaran Avenue and Mead Street; thence in a northeastwardly direction to a point in the Bellefontaine Road six hundred (600) feet north of its intersection with the Columbia Bottom Road; thence northwardly and parallel with center line of the Columbia Bottom Road to the northern boundary line of the United States survey number one hundred and fourteen (114); thence eastwardly along said line to the center of the main channel of the Mississippi River; thence with the meanderings of said channel southwardly to the point of beginning; and the residue of what now constitutes the County of St. Louis shall hereafter be called St. Louis County.
City Counselor Ops.: 9427
Section 2 City and county declared separated; authority of county court annulled.
The City of St. Louis as described in the preceding section and the residue of St. Louis County as said county is now constituted by law are hereby declared to be distinct and separate municipalities, and all authority heretofore exercised by the county court of St. Louis County or any officer of said county is hereby forever abrogated and annulled except for the purposes and in cases as hereinafter provided.
Section 3 Election of officers for St. Louis County; judicial and representative districts established; county seat.
At the general election for state and other officers on the Tuesday next following the first Monday in November, 1876, and every two years thereafter, there shall be elected officers for St. Louis County as follows: A sheriff, who shall be ex-officio collector, coroner, assessor, treasurer; a clerk of the county court, who shall be ex-officio recorder of deeds; they shall hold their offices for the term of two years, and shall perform such duties as are now provided by law for such officers until their successors are duly elected and qualified; also, a public administrator, who shall be elected at said election and every four years thereafter and shall hold office for four years and perform the duties now prescribed by law. There shall also be elected at said election three justices of the county court, who shall constitute the county court of said county, and their powers, duties and terms of office shall be defined and governed by the general law at present applying to other counties in this state. And for that purpose the County of St. Louis as established by this scheme shall be divided into two districts by a line commencing at a point where the Clayton Road intersects the boundary between the City and County of St. Louis as established by this scheme and charter and running thence westwardly with the Clayton Road to the eastern boundary of Bonhomme Township as now established; thence north with the eastern boundary of said township to the Missouri River. So much of said county as lies north and east of said line shall constitute district number one, and so much of said county as lies south and west of said line shall constitute number two. One justice of the county court shall be elected by the qualified voters of each of said districts, and the presiding justice of said county court shall be elected at large by the qualified voters of said county. Said county shall be divided and numbered in the same manner into two representative districts, and until otherwise districted by law one representative in the general assembly of the state shall be elected by the qualified voters of each of said districts. Immediately succeeding the election in November, 1876, and when the result thereof is officially determined as hereinafter provided, the justices of the county court shall meet at James C. Sutton's house, on the Manchester Road, for the purpose of organizing the new government of the county, determining the bonds of the county officers, and making such appointments as may be authorized by law. Said court may determine at what place in said county said court shall meet and the county offices be located until the question of a permanent seat of justice may be determined. And for that purpose the following persons shall be and they are hereby appointed commissioners, to-wit: Robert G. Coleman, William W. Henderson and Thomas J. Sappington, who shall, after the scheme goes into effect, select a suitable place for the county seat of said county and report such selection to the county court of said county, when it shall be the duty of said court to submit to the qualified voters of said county, at a special election to be ordered by said court, within six months from the filing of said report, the question as to whether the place so selected shall be the place for the permanent seat of justice of said county; and if a majority of the qualified voters of said county voting at said election shall be in favor of said location, then the same shall be and remain the seat of justice or county seat of such county; but if a majority of the qualified voters voting at such election shall be against such location, then the permanent seat of justice shall be established in the manner as at present provided by law in regard to new counties. There shall be elected at said election such justices of the peace and constables for the county as said county may be entitled to under existing laws, who shall hold their offices according to the general provisions of law applying to other counties in this state.
Section 4 Present county court to order election November, 1876; duties and responsibilities of court in connection with separation.
The present county court of St. Louis County shall order and make all necessary arrangements for the general state election in November next, and shall order at the same time the election of the justices and officers for St. Louis County as specified in the preceding section, and the members of the present county court thereof shall continue in authority and in the discharge of their present duties except as herein otherwise provided until the new county government is organized and the proper county officers as provided herein are commissioned and qualified, and thereupon their terms of office and that of clerk of said court shall cease, and the offices of justices of the county court and clerk of the said county court as now established shall be forever abolished; provided that nothing in this section shall relieve said court and its officers and employees from full responsibility for the management and custody of all interests and property of the County of St. Louis as constituted previous to the adoption of this scheme until a formal transfer of the same to the proper authority as herein provided has been effected.
Section 5 Election of sheriff, coroner and public administrator for city; duties and compensation.
It shall be the duty of the mayor of the City of St. Louis to order an election on the same day as the general election in November, 1876, and every two years thereafter, for a sheriff for the City of St. Louis and coroner for said city, who shall be elected by the qualified voters of said city and shall hold their offices for two years and until their successors are duly elected and qualified, and they shall be commissioned by the mayor. A public administrator for said city shall also be elected at the general election aforesaid and every four years thereafter, whose term of office shall be four years and whose duties shall be as provided by law. The official bond of said officers shall be fixed and determined by the municipal assembly in conformity with the constitution and laws, and pending such action the sheriff, coroner and public administrator shall give bond in such amounts as now required of like officers for the present County of St. Louis, with not less than two securities, owners of unencumbered real estate in the City of St. Louis, to be approved by the mayor; and said bonds, when so approved, shall be filed with the register; and said officers shall respectively perform within the city limits such duties as are now provided by law in regard to the sheriff, coroner and public administrator of St. Louis County and shall receive the same compensation allowed said officers of St. Louis County prior to the adoption of this scheme until otherwise provided by law. The coroner shall discharge the duties of sheriff in all cases in which coroners are authorized to discharge those duties by law.
Section 6 City marshal to assume duties of former county marshal.
The marshal of the City of St. Louis, in addition to his other duties, shall assume and discharge all the duties heretofore discharged by the marshal of St. Louis County within the limits of the City of St. Louis; and the present county marshal shall deliver to said city marshal all books, documents and property of every kind in his possession by virtue of said office except such property as may properly belong to the reorganized county government, which shall be delivered to the sheriff of St. Louis County elected in November, 1876.
Section 7 County sheriff ex-officio collector; county clerk ex-officio recorder; present recorder to continue in office; election of city recorder.
The sheriff of St. Louis County, elected as provided in section 3, shall be ex-officio collector of the revenue of said county; and the clerk of said county court shall be ex-officio recorder of deeds for said county; and the present recorder of deeds for St. Louis County shall hereafter be known as recorder of deeds, and shall hold his office for his term as now prescribed by law, until his successor shall be elected and qualified; and at the general election in November, 1878, and every four years thereafter, a city recorder shall be elected by the qualified voters of the City of St. Louis.
Section 8 Assessment and collection of taxes under scheme.
The office of the president of the board of assessors is hereby declared a city office, and is placed under the control of the city government, but the president of said board shall cause the books and plats of said office to be divided and such portions thereof as exclusively refer to St. Louis County shall be delivered to the proper officer for the use of said county; but if this can not be done, or can be done only in part, then abstracts shall be made thereof and the cost of same paid out of the city treasury. The present state and county collector shall continue in office until the expiration of his official term, and thereafter his duties shall be discharged by the city collector, and upon this scheme going into operation the said state and county collector shall pay over all collections for city and county taxes levied for general purposes and for licenses collected within the city limits as herein extended and all county taxes for interest and parks to the treasurer of the City of St. Louis; and all collections for county and school taxes on property and licenses, except all county taxes for interest and parks, in St. Louis County he shall pay to the present county treasurer until the treasurer of said county is elected as provided for in section 3; and when that officer has duly qualified the present county treasurer shall pay over to him all such collections for the use of said county, and from and after the time the county treasurer of St. Louis County as constituted by this scheme is elected and qualified and during the continuance in office of said county collector he shall in like manner pay over all revenue collections above mentioned to the city and county treasurers respectively. At the close of his term of office he shall effect a settlement with the city and county authorities, and shall account for all tax bills placed in his possession, and shall turn over all uncollected bills in his possession as follows: To the comptroller all tax bills on property within the city limits as herein established and to the clerk of the St. Louis county court all tax bills on property outside of city limits. The office of county auditor as it at present exists is abolished, but that officer shall continue in office and be responsible on his bond until all books, documents, moneys and other property in his hands or under his charge by virtue of his office have been properly accounted for and turned over to the parties authorized by law to receive them. The assessment of property for the taxes of the year 1877 in the city as constituted by this scheme shall be made by the president of the board of assessors of the present County of St. Louis in the manner provided by law; said president shall keep a separate set of books for the property in the city as now constituted and for that in the enlarged limits of the city. As soon as the assessment books for the city and for the enlarged limits shall have been completed and corrected as required by law, they shall be turned over by said president with the other books and plats of his office to the proper officer of said city. After the assessment books have been corrected, the president of assessors shall make out a fair copy of the same and shall make an abstract of said books, showing the amounts of the several kinds of property taxed, specifying: First, the amount of all property within the old limits of the City of St. Louis; second, the amount of value of all property within the new or extended limits and outside the old limits and add thereto his certificate that the same contains a true and correct list of all taxable property in the City of St. Louis so far as he has been able to ascertain the same. Said abstract shall be certified by oath and delivered to the mayor of St. Louis on or before the fourth Monday of June, 1877. As soon as the assessor of St. Louis County shall be elected and qualified, the president of the board of assessors shall deliver to the said assessor the books, plats and all papers appertaining to the property of said county as herein provided, and it shall be the duty of the assessor of said county to assess the property of said county in the same manner as now provided by law for other counties of this state.
Cross Reference: See also § 23 of this Scheme.
City Counselor Ops.: 8199, 9691
Section 9 County court to transfer public buildings, moneys, etc., to city; employees to continue; mayor may retain or discharge appointees of court.
It shall be the duty of the present county court of St. Louis County to see that all buildings, money and other property belonging to the county which are placed under the control of the city under the scheme shall be formally and properly transferred. Said court shall cause all records, books, papers, etc., now in the office of said court to be turned over to the register, who shall duly schedule same and report the same for inspection of the mayor. All employees and officers now in the service of the county in connection with public institutions or otherwise under appointment of said court and within the limits of the City of St. Louis as herein established shall continue in the discharge of their duties under the present rules and regulations until notified to the contrary by the mayor of the city, who shall have authority to retain or for unfitness discharge such as he may deem necessary and to fill any vacancies that may occur until the municipal assembly can provide by ordinance for the government of such institutions and regulations of such service.
Section 10 Title to public buildings, parks, etc., transferred to city; assumption of county debt by city.
All the public buildings, institutions, public parks and property of every character and description heretofore owned and controlled by the County of St. Louis within the limits as extended, including the courthouse, the county jail, the insane asylum and the poorhouse, are hereby transferred and made over to the City of St. Louis, and all the right, title and interest of the County of St. Louis in said property and in all public roads and highways within the enlarged limits is hereby vested in the City of St. Louis and divested out of the county; and, in consideration of the city becoming the proprietor of all the county buildings and property within its enlarged limits, the city hereby assumes the whole of the existing county debt and the entire park tax; and the municipal assembly shall, as soon as practicable after the adoption of this scheme and charter, provide by ordinance for the management of the property and public institutions hereby placed under its charge.
Section 11 Municipal assembly to provide for payment of county debt.
The municipal assembly shall from time to time make provision by ordinance for the payment of the county debt, and interest thereon, as the same matures, and in all respects said debt shall be considered a city debt, and shall be transferred to the books of the city, and embraced in all official statements of its funded liabilities.
Section 12 City officers to qualify under charter; election of municipal assembly; city offices to be filled April, 1877.
Until provision is made by ordinance for carrying out the provisions of the preceding sections, and until the officers provided for under the charter framed and adopted by this board are elected and qualified, and after this scheme and the charter framed hereunder go into operation, the present city officers shall qualify under such charter and perform all duties and exercise the powers of their office under such charter, except as otherwise provided in this scheme and charter, and under the ordinances of the city not inconsistent therewith within the enlarged city limits. For the purpose of electing a municipal assembly under such charter, an election for members of the municipal assembly shall be held at the same time as the general state election to be held in November, 1876, and the term of office of the members of said assembly shall continue for the same time and on the same condition as if the same commenced after the city election in April, 1877, as provided for in such charter; provided, that in case of vacancy in the office of the mayor, the present comptroller of the city shall be authorized to act and shall act as such mayor until such vacancies shall be filled as provided in the charter framed under this scheme; and provided further, that all city officers, except the municipal assembly and such offices whose incumbent are specifically continued in office til the expiration of their term by this scheme and charter, and all appointive offices of the city or of any of its departments, shall be vacant from and after the city election provided for in the charter to be held in April, 1877, and shall be filled by the officers then elected and by appointments by the mayor, and officers then elected as in such charter prescribed.
Section 13 Ascertainment of county's financial condition; settlement of accounts.
A board of finance is hereby created, to consist of the mayor and comptroller of the City of St. Louis and the justices of the county court from the fifth and sixth districts of St. Louis County, whose duty it shall be immediately after this scheme goes into operation to examine and verify the county indebtedness as the same existed at the time this scheme went into operation on the books of the county as to bonds and all other claims and to ascertain and declare the amount necessary for the payment of the current expenses of the county to such time and to ascertain the balance of cash, after deducting the amount necessary for the payment of such current expenses in the hands of the county treasurer and the source whence derived. And all collections made on account of taxes for interest and the parks and that portion of said balance which was collected for general purposes within the extended city limits shall be paid into the city treasury; and that portion which was collected for general purposes within the County of St. Louis as constituted by this scheme shall be paid into the treasury of said county; and the same course shall be pursued with reference to all moneys coming into the hands of the present county treasurer after this scheme shall go into operation. The term of the present county treasurer shall cease when the treasurer for the County of St. Louis as herein constituted shall have been elected and qualified. The county auditor shall properly account for all school moneys for which he is in any way responsible to the proper authorities, and all tax collections for school purposes made either by the City or County of St. Louis for the present or any other year shall be applied only to the support of public schools. All debts and obligations due or payable or belonging to the present County of St. Louis shall be considered due and payable to the City of St. Louis; and the right to sue for and to adjust and collect same or any part thereof shall be vested in such city. The amount above ascertained for the payment of current expenses shall be paid in the manner provided by law out of the sum above reserved for such purpose.
Section 14 Metropolitan police.
The metropolitan police force of the City of St. Louis as now established by law shall be maintained at the cost of the City of St. Louis; provided, however, that the metropolitan police of the City of St. Louis shall have the same power and jurisdiction in the County of St. Louis as constituted by this scheme as now provided by law; provided, that upon a petition of the county court of St. Louis County the board of police commissioners shall appoint and equip not more than twenty policemen as provided in the act approved March 13, 1867, for duty in said county. The cost of equipping and maintaining said police shall be paid by the county as herein established.
Section 15 Justices of the peace and constables; bonds of constables and notaries.
Until otherwise provided by law, all the present justices of the peace and constables shall hold their offices until the expiration of their present terms, and only such justices and constables shall be elected in November, 1876, as may be necessary to fill vacancies. All commissions of justices of the peace and constables elected in the City of St. Louis shall be issued by the mayor, and a record thereof kept by the city register. All bonds of constables and of all notaries public appointed, shall be approved by the mayor, and a record of the same shall be kept in said register's office.
Section 16 City and county surveyors.
The mayor of the City of St. Louis, with the approval of the council, may appoint any number of competent persons, being civil engineers, as city surveyors, whose duties and powers shall be as now provided by law in regard to county surveyors; but all applicants shall produce satisfactory testimonials of good character and competency, and when appointed shall give bond in the sum now required by law from surveyors in St. Louis County, and the county court of St. Louis may appoint county surveyors under the same restrictions. The present county surveyors, commissioned by the county court under an act entitled "An act to amend chapter 27 of the general statutes of Missouri relating to county surveyors," approved March 25, 1872, may continue in authority and in discharge of their present duties in the City and County of St. Louis until the expiration of the commissions held by them respectively, and the said city surveyors shall have the power to execute in the County of St. Louis all orders of the circuit court of the eighth judicial circuit as they were authorized to do before this scheme went into operation.
Cross Reference: In connection with this section, see also § 11, Art. XXV of the Charter.
Section 17 Notaries public.
All notaries public now commissioned by the governor for St. Louis County shall exercise the official powers and duties of such office within the City and County of St. Louis as constituted by this scheme, and the city register shall keep a complete record of all notaries acting within the City of St. Louis and of their bonds and the date of their commissions and of the expiration thereof.
Section 18 Powers of sheriffs of city and county; duties of city marshal.
The sheriff of the City of St. Louis shall, within the limits of said city, exercise the authority now vested by law in the sheriff of the County of St. Louis, and after this scheme shall go into operation, all writs and other process which are now by law provided to be executed by the sheriff of the County of St. Louis, within the city limits, shall be directed to and executed by the sheriff of the City of St. Louis. The city marshal, after this scheme goes into operation, in addition to the duties now required by law to be performed by him, shall, within the city limits, exercise the same power and perform the same duties as are now provided by law in regard to the county marshal. And the sheriff of St. Louis County shall execute all process directed or delivered to him by any court of record of the County of St. Louis as are now established by law.
Section 19 Judges of election for November, 1876; returns, etc.
The judges of the election for state and other offices to be held in November, 1876, and for officers of the city and county as provided in this scheme shall be appointed as now provided by law, and the same judges shall act in the election for city and county officers at such November election, 1876, and the returns shall be made to the clerk of the present county court, who shall officially certify to the result; and in the event of any neglected or failure on the part of said county court or any officer of the city or county to order and arrange for the election herein provided, the St. Louis court of appeals or any judge thereof may cause the same to be done, and may in such event appoint judges and take all other steps necessary to insure the holding of said election in the manner contemplated herein.
Section 20 Public officers to assist in carrying out scheme.
It shall be the duty of all existing officers of St. Louis City and County to assist in carrying out the provisions of this scheme so far as any official act is necessary for that purpose; and in all cases in which said officers are continued in office under this scheme their duties and compensation shall be the same as are now provided by law.
Section 21 City may hold real estate in county.
The City of St. Louis may purchase, take and hold real estate in the County of St. Louis for the use of the city.
Section 22 Salaries of judicial officers.
Until otherwise provided by law, the salaries of all judges of courts now paid out of the county treasury and of all judicial officers not affected by the operation of this scheme shall be paid proportionately by the City and County of St. Louis according to the aggregate of taxable values in each; and to carry out this section the municipal assembly shall annually provide for paying such expenses, and it shall be the duty of the county court of said county and a binding obligation thereon to pay into the city treasury annually an amount equal to the proportion of the expenses herein indicated; and the officers of said city may make any temporary arrangement necessary to carry out the provisions of this section until the municipal assembly can regulate the subject by ordinance.
Section 23 Tax bills on property intersected by city limits.
Immediately after this scheme goes into operation, the present state and county collector of revenue shall turn over to the president of the board of assessors all the tax bills then in his hands that apply to lots or parcels of land which shall have become intersected by the new city limits line, for which bills the said president shall return from a detailed receipt, to be held by him (the collector) as his sufficient voucher against the corresponding tax amounts for which he may stand charged; and the said president shall proceed at once to make, in lieu of the bills received, new bills, whereon the amounts of taxes shall be separated in the proportion of quality and value of land or land improvements, respectively lying within and without the newly established city limits, to the end that the taxes distributable to the county and those distributable to the city shall all be represented by separate bills. The new bills thus ordered when completed by the said president, shall be by him delivered to the comptroller to be examined and stamped, and they shall next with the least practicable delay, be returned by the comptroller to the collector for collection. The old tax bills herein above named shall likewise be by the president surrendered to the comptroller, who shall cancel them.
Cross Reference: See also § 8 of this Scheme.
City Counselor Ops.: 9691
Section 24 Authority of county court conferred on municipal assembly.
The municipal assembly shall have power within the City of St. Louis to do all acts and perform all functions not otherwise provided for in this charter and not inconsistent with its terms which have heretofore been done and performed by the county court of the County of St. Louis.
City Counselor Ops.: 9532, 10307
Section 25 Admission to poorhouse, insane asylum, etc.
Until the County of St. Louis as organized by this scheme shall otherwise provide, the county court thereof shall be authorized to send the paupers of said county to the poorhouse or county farm now in use and the insane paupers of said county to the insane asylum now in use, and for the maintenance of such paupers shall pay to the treasurer of the city the cost of maintaining paupers in those institutions, to be ascertained by the annual reports of the same.
Section 26 Prosecuting attorneys and clerks of eighth judicial district continued in office.
The circuit attorney and assistant circuit attorney for the eighth judicial circuit, the prosecuting attorney, the assistant prosecuting attorney and the clerk of the St. Louis court of criminal correction, and the clerk of the St. Louis criminal court, shall continue to hold their offices and discharge the duties thereof as now provided by law until the expiration of their respective terms of office and until their successors are duly elected and qualified.
Section 27 Grand jurors--How selected and summoned.
After this scheme goes into operation, and until otherwise provided by law, the grand jury of the eighth judicial circuit shall be selected by the judge of the St. Louis criminal court from the City and County of St. Louis and shall be summoned by the marshal of the City of St. Louis.
Section 28 Same--How paid.
All members of grand juries selected from the City of St. Louis shall be paid out of the city treasury, and those from the County of St. Louis shall be paid out of the county treasury. All payments shall be upon certificates of the clerk of the St. Louis Criminal Court.
Section 29 Costs in criminal cases.
In the criminal cases occurring in the City of St. Louis in which, by the law in force prior to this scheme going into operation, the County of St. Louis was liable to pay such costs, such costs shall, after that time, be paid out of the City treasury, and in like cases occurring in the County of St. Louis, shall be paid out of the treasury of the County of St. Louis.
Section 30 Petit jurors--How selected and summoned.
Petit jurors to serve in the circuit court of the eighth judicial circuit, in the St. Louis criminal court, and in the St. Louis court of criminal correction shall, until otherwise provided, be selected and summoned as now provided by law, except that jurors for the said circuit court shall be summoned by the sheriff of the City of St. Louis, and jurors to serve in the said other two courts shall be summoned by the marshal of the City of St. Louis. And the act to provide a jury system in St. Louis county approved March 3, 1857, and the acts mandatory thereof, shall remain in force until altered or repealed, and the present jury commissioner of St. Louis county shall remain in office until the expiration of his official term and perform all the duties now required of him by law.
Section 31 Same--How paid.
For all services of petit jurors rendered in the circuit court of the eighth judicial circuit they shall be paid out of the city treasury and for all such services rendered by citizens of St. Louis and in the St. Louis criminal court and the St. Louis court of criminal correction they shall be paid out of the city treasury and for all such services rendered in the last-mentioned courts by citizens of St. Louis County they shall be paid out of the county treasury.
Section 32 Collections payable into city treasury; payments into county treasury; appropriations by municipal assembly.
In all cases, where, according to the laws in force up to the time when this scheme shall go into operation, any public officer or other person was required to pay any money coming into his hands from any source whatever into the county treasury of St. Louis County, and where it is not otherwise provided in this scheme or the charter framed under it, such officer or person shall, after the time aforesaid, pay all such money into the treasury of the City of St. Louis at or within such times as he was theretofore required to pay the same into the county treasury; and if no time shall be prescribed by law for any such payments, then he shall pay the same monthly on the first Monday of each month, into said city treasury, and shall take triplicate receipts therefor, stating the account on which such payment was made, one of which he shall file in the city auditor's office and one with the comptroller, who shall charge the treasurer with the amount so paid; and the said auditor and treasurer shall keep accounts showing the account on which such payments were made and the source from which the money was derived. All such money shall be applied and used for the purposes for which it was collected or for which it was made applicable by law and in all cases where such money is not set apart or appropriated by law for specific purposes the municipal assembly of the city may appropriate it to such municipal uses as it may deem proper; provided, however, that all fines, penalties and forfeitures collected or accruing in the County of St. Louis or on account of said county or the people thereof shall be paid in the manner and at times aforesaid into the county treasury of said county, and duplicate receipts shall be taken as aforesaid by the officer or person paying the same, one of which he shall file with the county clerk of said county, who shall charge the treasurer with the amount so paid, and such money shall be appropriated and used as it is or may be provided by law; and provided further that if any public officer or other person shall, at the time this scheme goes into operation, be in default in the payment of any such money into the said county treasury, he shall immediately pay the same into the said city treasury in the manner aforesaid, and the same shall be disposed of as herein provided.
Section 33 Power of former county collector vested in sheriff of county.
All powers heretofore vested in the collector of the County of St. Louis and all duties required to be performed by him in reference to taxes on property situated outside of the limits of the City of St. Louis as enlarged, and in reference to the sale of such property for taxes and the redemption thereof, shall, after the election and qualification of the sheriff of the County of St. Louis as provided by this scheme, be executed and performed by such sheriff; and all deeds for the sale of land for taxes made by him shall be acknowledged before the clerk of the county court of St. Louis County.
Section 34 Authority of municipal assembly as to revenue.
The municipal assembly shall have power to enact all ordinances that may be necessary to carry into execution the laws relating to state, county, city and other revenue within the City of St. Louis as enlarged; and such powers as are now vested by law in the county court of St. Louis County or the clerk of said court or the county collector and auditor may be exercised by such tribunals and officers as may be provided by ordinance.
Section 35 Regulations as to animals running at large.
It shall be unlawful for any domestic animal of the species of horse, cattle, mule, ass, swine, sheep or goat to be suffered to run at large by the owner thereof in the City or County of St. Louis; and if any such animal be found running at large in said city or county after this scheme and charter go into operation; it shall be lawful for any person to take up and restrain the same forthwith; and such person shall, within three days after so taking up and restraining such animal, give notice thereof to the owner, if known, and thereupon such owner shall pay a reasonable compensation for taking up, keeping and feeding such animal, and for damages actually caused by such animal. If the owner be not known, or fails to make such reasonable compensation after being notified, any animal so taken up shall be deemed an estray, and may be proceeded against by the taker up thereof in the manner provided by law in regards to strays; provided, however, that this section shall not be so construed as to prohibit any person from driving, herding and guarding such stock upon the uninclosed lands belonging to said county, the state or the United States.
Section 36 School districts interested by city limits.
In all cases where the limits of the City of St. Louis as herein extended include a part only of any school district, the following shall be the mode of adjustment as to property held by or for the use or benefit of such district: First, where the part of such district included within such extended limits contains any school house or other real estate belonging to the district, the board of president and directors of the St. Louis public schools shall pay into the county treasury of St. Louis County for the use of that part of the district not so included, such proportion of the valuation of said school property as the taxable value of property in the part of such district not so included bears to the taxable value of all property in such district, as constituted before such extension. Second, where the part of such district, not included within such extended limits, contains any schoolhouse or other real estate belonging to the district, the inhabitants of the district not so included shall pay to the board of president and directors of the St. Louis public schools such proportion of the valuation of said school property as the taxable value of property in the part of such district included within the city limit bears to the taxable value of all property in such district, as constituted before such extension. The valuation of school property mentioned in this section shall be made by arbitrators, one of whom shall be selected by the board of president and directors of the St. Louis public schools and one by the directors of the school district affected, who if disagreeing, may select a third; or, if unable to agree on the selection of such third arbitrator, any school director or member of the board of president and directors of the St. Louis public schools may apply to the circuit court of the eighth judicial circuit to appoint one. A report of the valuation made by such arbitrators or a majority thereof shall be filed as soon as practicable in the clerk's office of the circuit court of the eighth judicial circuit. Any money to be paid to the board of president and directors of the St. Louis public schools shall be provided for by the assessment, levy and collection of a special tax on all taxable property within such districts not so included.
Section 37 School property transferred to St. Louis public schools.
All property, real, personal or mixed, of every kind and description, and the evidence of title thereto, now held by the County of St. Louis or by the county court of St. Louis County in trust or for the use of the inhabitants of township forty-five north of range seven east for school purposes, and all such property, and the evidences of title thereto, held by any public officer for the use of any school district in said township, or held by or for the benefit of any such district, shall, as soon as this scheme goes into effect, pass and be delivered to the board of president and directors of the St. Louis public schools; and the title to any and all such property shall by operation hereof vest in said board.
Section 38 Enumeration of children within school age; division of school property.
The board of president and directors of the St. Louis public schools shall forthwith after this scheme goes into effect cause an enumeration to be taken of all children within school ages within the limits of the City of St. Louis as herein established and the county court of St. Louis County shall cause forthwith a similar enumeration to be taken within the County of St. Louis outside the city limits as herein established, showing the enumeration in each school district and fractional school district separately, a correct report of which enumeration shall be filed by said board and said court, respectively, the clerk's office of the circuit court of the eighth judicial circuit within sixty days after this scheme and charter go into operation. So much of all property of every nature whatsoever and the evidence thereof belonging to the school fund of St. Louis County, or of congressional townships affected by the extension of the present city limits as, according to such enumeration, falls to the share of the district lying within the limits of the City of St. Louis shall at once pass and be delivered by the county court of St. Louis County, or public officers in charge thereof, to the board of president and directors of the St. Louis public schools, and the residue of all said property and the evidences thereof shall pass and be delivered by the present county court of St. Louis County, or public officers in charge thereof, to the proper authorities of the County of St. Louis as constituted by this scheme. From and after the date this scheme goes into operation all public officers within the City of St. Louis shall account for and pay over to the board of president and directors of the St. Louis public schools all fines and penalties and other moneys collected within said city and heretofore payable into and forming part of the county school fund of St. Louis County.
Section 39 Expenses of board of freeholders.
All claims for the printing, clerk hire and other expenses of this board of freeholders shall be made and certified to by the president of the board immediately after the adjournment of this board, and such claims, so certified, shall, as soon as this scheme and the charter framed thereunder are adopted, be paid by the treasurer of the present County of St. Louis out of the general revenue of said county, and such payments shall be allowed to said treasurer in the settlement of his accounts as provided for in this scheme.
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