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BULLETSt. Louis City Revised Code Chapter 3.36 Department of Welfare Part IX

St. Louis City Revised Code (annotated) 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.

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Chapter 3.36
Department of Welfare
PART IX. BOARD OF COMMISSIONERS OF THE BRYAN MULLANPHY EMIGRANT AND TRAVELER'S RELIEF FUND

Sections:

3.36.400 Members--Appointment.
3.36.405 Board defined.
3.36.410 Powers generally.
3.36.415 Depositories--Securities.
3.36.420 Real estate.
3.36.425 Meetings.
3.36.430 Officers.
3.36.435 Executive director.
3.36.440 Conflict of interest--Compensation.
3.36.445 Offices for travelers aid.
3.36.450 Severance.
3.36.455 Annual audit.

Prior ordinance history:

1948 C. Ch. 60 23--41: Ord. 46426, 48379, 48494, 49019

City Counselor Ops.: 9390, 9518

3.36.400 Members--Appointment.

The Mullanphy fund shall be administered by the board of commissioners of the Bryan Mullanphy emigrant and traveler's relief fund. The board shall consist of seven members to be appointed by the Mayor as follows: three for three years; two for two years and two for one year. At the end of a member's term the Mayor shall appoint a member for a term of three years and such member shall remain in office until his successor qualifies. In case a vacancy occurs during the term of a member, the Mayor shall appoint someone to serve as a member for the unexpired term. The board shall have power and perform duties as are conferred upon it by the Charter and ordinances of the City.
(Ord. 50577 1, 1961: 1960 C. 191.010.)

Charter:

Art. XIII 14-A (f) Mullanphy fund

City Counselor Ops.: 9518

Cases:

Evidence held insufficient to show a total or partial failure of the object for which the Mullanphy trust fund was created, so cy pres doctrine was not applied. City of St. Louis v. McAllister, 218 S.W. 319,281 Mo. 26 (1920).

Since the legal tide as trustee only is in the city, and the real use of the fund is not for municipal purposes, but for the benefit of a particular class, the fund is not exempt from taxation under the constitution. St. Louis v. Wenneker, 47 S.W. 105, 145 Mo. 230 (1898).

3.36.405 Board defined.

"Board" when used alone or separately in Part IX, Chapter 3.36, means the properly constituted board of commissioners of the Bryan Mullanphy emigrant and travelers' relief fund, the City of St. Louis, trustee.
(Ord. 50577 4 (part), 1961: 1960 C. 191.080 (part).)

3.36.410 Powers generally.

The board shall take and hold for the City, as trustee under the will of Bryan Mullanphy, deceased, for the use of the Mullanphy fund, all lands, moneys, bonds, notes or other evidence of indebtedness and all other property of every kind to which the City, as trustee may now or shall hereafter be entitled to hold by virtue of the will of Bryan Mullanphy, deceased, or which may be given, devised or bequeathed to the City, as trustee or to the Mullanphy fund for the same uses and purposes. The title to all such lands shall be in the name of the City, as trustee. The board shall be invested with the control, management and direction of:

1. The property and affairs of the fund and shall have full power to make all needful regulations and bylaws not in conflict with any law or ordinances relating to same;

2. All types of aid which travelers may lawfully receive from the fund.
(Ord. 50577 2 (part), 1961: 1960 C. 191.020, 191.030.)

City Counselor Ops.: 8107

3.36.415 Depositories--Securities.

The board shall designate one or more substantial depositories which may be banks or trust companies within the City, each depository shall give a bond to the City, as trustee under the will of Bryan Mullanphy, deceased, in a sum in excess of the deposit. No money of the fund shall be deposited in any bank or trust company not so designated as a depository, provided money of the fund may be deposited in any bank or trust company in the City, the deposits of which are insured by the federal government up to the amount of the deposit. The board shall, from time to time, examine the solvency of the designated depositories and the sufficiency of the bonds thereof, and may demand new or additional security when deemed prudent.

The board may appoint and compensate agents for the purpose of assisting in the administration of the fund, safekeeping of securities, rendering of proper accounts and obtaining investment advisory services. Any such agent must be a bank or trust company within the City with a capital and surplus in excess of five million dollars.

The securities and other property belonging to the fund may be lodged with a bank or trust company as a safekeeping agent or kept in a safe deposit vault where access shall be only by persons as the board may designate.
(Ord. 50577 2 (part), 1961: 1960 C. 191.040.)

City Counselor Ops.: 8107

3.36.420 Real estate.

No real estate belonging to the fund shall be sold unless the sale is authorized by an ordinance of the City. The rental of real estate leased by the board shall be fixed by it. No real estate shall be leased for a period longer than five years except in the case of a certain 5.19 acres of land at Hall and Carrie Street, St. Louis, Missouri, a part of the fund, a lease may be granted thereon by the board for a period not to exceed twenty-five years. Before such option to release is granted by the board an accredited real estate appraiser designated by the board shall at that time appraise the 5.19 acres of land and shall advise the board as to the current value of the 5.19 acres of land with the improvements thereon. The board may then grant a new lease for a period not to exceed twenty-five years and the annual rent in the new lease shall not be less than five percent of the then current appraised valuation of the land with the improvements thereon. The board may provide in the lease or any new lease entered into as a result of the option to re-lease that the general taxes and special taxes for public improvements or any other special tax or any charge for any kind of public service including, but not limited to, water service and sewer service shall be paid by the lessee.

The option to re-lease the 5.19 acres of land together with the improvements thereon must be carried out within ninety days after the expiration of the first lease and if not carried out by the lessee within that period of time the board may take possession of the 5.19 acres of land together with improvements thereon and the option to re-lease shall be expired. The rental of any and all real estate owned by the fund shall be fixed by the board.

Special taxes for public improvement except as provided in this section shall be paid by the fund and it may in fixing the rental of property leased by it, determine whether other taxes shall be paid by the lessee or by the fund.
(Ord. 50577 2 (part), 1961: 1960 C. 191.050, 191.060.)

3.36.425 Meetings.

The main office of the board, in which no private business shall be carried on, shall be located in the City. The board shall meet at the office, or at any place within the City as determined by the board, and at times as may be fixed by resolution. The president or in his absence the vice-president may call a special meeting of the board giving three days notice, in writing to the other members. The notice may be by personal service or by mail. Three members shall constitute a quorum to transact business.
(Ord. 50577 3, 1961: 1960 C. 191.070.)

3.36.430 Officers.

The board shall elect from its members a president and a vice-president for a term of one year and may appoint such other officers and employees as may be necessary for carrying out the purposes of the fund.
(Ord. 50577 4 (part), 1961: 1960 C. 191.080 (part).)

3.36.435 Executive director.

The board shall be responsible for all policies of the travelers aid. The board shall employ an executive director who shall carry out these policies. The tenure of office of the executive director shall be at the pleasure of the board. The board may require, among other things, that the executive director shall possess an MA degree in social work from an accredited school of social work and have desirable administrative experience. The salary of the executive director shall not exceed seven thousand five hundred dollars annually, except an annual salary in excess of seven thousand five hundred dollars may be paid the executive director only if additional funds are provided by the united fund of greater St. Louis or its successors. The executive director shall be empowered to employ, with the advice and consent of the board, all necessary employees to carry out the organization's program within the limits of the funds available.

The executive director shall have the authority to discharge an employee for cause, the lack of necessary funds being one cause. An employee who has been dismissed by the executive director shall have the privilege of appearing before the board.

The education and experience of all staff members, other than the executive director, shall be consistent with the job specifications of the civil service commission of the City for like or similar positions.
(Ord. 50577 5, 1961: 1960 C. 191.090.)

3.36.440 Conflict of interest--Compensation.

No member, officer or employee of the board shall be financially interested in any manner in any of the property of the fund, nor in any contract or transaction of the board, or in any way in the affairs of the board. No member, officer or employee shall receive any compensation or gratuity from any emigrant or traveler or from any hotel, boarding house, or transportation line, or from any source whatsoever except the board in consideration of services rendered or to be rendered in connection with the activities of the board.
(Ord. 50577 6, 1961: 1960 C. 191.100.)

3.36.445 Offices for travelers aid.

The board is authorized to establish and maintain offices for the conduct of the business of the travelers aid wherever it is deemed advisable by the board for the purpose of giving aid to travelers in the greater St. Louis area. Operations at these offices shall be conducted under the name of "Mullanphy Travelers Aid."

The Mullanphy travelers aid may maintain a membership in any national or local travelers aid association and the cost of the membership shall be a charge on its budget.
(Ord. 50577 7, 1961: 1960 C. 191.110.)

3.36.450 Severance.

Upon severing his connection with the fund, each member, officer, or employee thereof shall deliver to the board, or his successor, all books, papers, moneys, furniture, property and all other things in his possession pertaining to his office or position.
(Ord. 50577 8, 1961: 1960 C. 191.120.)

3.36.455 Annual audit.

The board shall appoint a certified public accountant to conduct an annual audit of the affairs and financial condition of the Bryan Mullanphy emigrant and travelers' relief fund. A copy of the audit shall be sent to the Mayor and to other officials as he may designate.
(Ord. 50577 9, 1961: 1960 C. 191.130.)

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