5S ' P*-v:- ■ " ^ir rz| 1 f ff SITY OF CALIFORNIA LOS ANGELES Proposed Charter FOR THE City of St. Louis Prepared by the Board of Freeholders Elected by the People, April 1, 1913 May, 1914 Wlsmi Priiititifi; <"■«. '^!^>^^\ l,,ipv;, M,, OV 3" =5 STATEMENT TO THE VOTERS ^ ^ ^'V The Board of Freeholders was elected b\ the i;euple April 1, 1913. They at once rece)gni/.e(l thai liie Charter to be drafted was the people's Charter, that the peuple should be consulted as to what the Charter should contain, and that the voters were entitled to full publicity of every action of the Board. Conse- quently, through the press by general in\itation to every citi- zen, and by personal invitation to the present and former City officers, to each member of the Municipal Assembly and to the various business, civic, labor, professional, religicms, social, political and other organizations throughout the entire City, the Board earnestly sought suggestions and urged their sub- mission, either orally or in writing, to the Board. It also sought and received advice from recognized students and ex- perts on municipal government throughout the United States. In consequence, from Ai)ril to November, twice a week at each '^ meeting representati\e citizens and expert students addressed r) the Board. In response to a City-wide demand for a correct statement of Charter progress, the Secretary, on February 7, 1914, sent such a statement to the proper officer of every organization, civic, business, labor, etc., listed in the City Directory. On March 5th a tentative draft was published and submitted personally to the head of each administrative branch of the City, asking for criticism and suggestions. Another re-print was published March 30th, and the final draft was adopted April 29th. Pursuant to Ordinance No. 27094, each article as adopted was published as advertising in the "New St. Loui.s Star" and the "Westliche-Post" and published in the other papers as news. Criticism of the tentative work was freely asked and freely given. In many cases the criticism was merited and conse- quently changes were made. As a result the Charter is essen- tially the draft of the people ; everyone in the City has had an opportunity to aid in formulating the Charter provisions and many have so done. The important provisions include: 1. The right of municipal ownership of public utilities of any kind whatsoever in the City — a right absolutely denied at 210 present. Tlu- C'ily will have tlif greatest powers possiMe, in- c-liuliiig the rij^lit lo proviilc I'm- any desired huinanitariaii, educational, charitable and recreative service. 2. One house of lej^islatioii known as the lioard of Alder- men. One house and strict ward representati(jn is at present impossible under the Constitution of Missouri (Article IX, Sec. 22). As soon as the Constitution is changed, each ward will elect its own Alderman, ])ut until then it is provided that each ward shall have an alderman who must reside in the ward from which elected, but he will be nominated and elected at large. This legislative body will perform legislative duties only. Such administrative matters as granting permits for awnings, drink- nig fountains, loading platforms, etc., now granted by the Municipal Assembly by ordinance, will be handled by the Ad- ministrative Body, the Board (jf l*ublic Service, who will be competent administrators and liaxe the time to consider each application. 3. The Initiative on a workable basis — 5 per cent of the registertid voters for a general election and 7 per cent for a special. The Board of Aldermen will have an opportunity to pass initiated ordinances. If not so passed, the proposed ordi- nance shall be submitted to the voters. 4. Referendum on ordinances. No ordinance (except strict emergency measures) will take effect for thirty days after adoption, and if within tliat time a petition signed by 2 per cent of the registered voters is filed with the Board of Election Commissioners the taking effect of such ordi- nance is postponed. Forty days more are allowed to secure an additional 5 per cent for submission at a general elec- tion or an additional 10 per cent for a special election. After the petition is filed the Board of Aldermen have an op- portunity to repeal such ordinance. If they do not repeal it, then its adoi-tion shall be submitted to the voters. 5. All elective officers may be recalled. The petition must be signed by 20 per cent of the registered voters, with 20 per cent of such voters in at least two-thirds of the wards of the city. No recall petition may be filed within six months after one takes office. This will prevent such petition being filed immediately after a close election and before the incumbent lias had an oj^portunit}- to show his worth. Objection to the recall found in certain Western cities where the successor may be elected at the same time at which the question of the incumbent's recall is determined is obviat- ed. Such an election confuses the issues. Under the proposed Charter the sole question will be as to whether the incumbent shall be recalled. 6. The eflficiency provisions will require applicants for ap- pointment or promotion to show their qualifications only by such fair and practical tests as will secure and retain in the employ of the City efficient service. All City officers and emlpoyes at the time the Charter takes effect will retain their offices and not be required to take an examination therefor. Under the proposed plan, the Efficiency Board may delegate to practical men the authority to test applicants and certify back results in order to insure the best qualified men from a. practical standpoint. The appointing officer selects one of the three highest on the eligible list. Elective officers, heads of departments, heads of divisions, and their personal assistants or secretaries, are not subject to the efficiency provisions. 7. The administration of the City will be organized on business lines. The State Constitution provides that the voters of the City shall elect a Chief Executive. Under the proposed Charter the Mayor will be the chief executive. He will have power to accomplish results and will be responsible for results being also always under the control of the people through the Recall. Under the present system of checks and balances responsibility is beclouded and cannot be fixed. The present large number of independent departments and offices is combined according to their functions, so as to insure efficiency and economy in operation. The Mayor, Comptroller and President of the Board of Aldermen, constituting the Board of Estimate and Apportionment, control the City's purse strings. A separate ordinance for salaries of employes may be submitted separate from the general appropriation bill to prevent the annual tie-up of salaries. 8. Provision is made so that in the largest measure the individual may be kept informed of what is being done in every department — and may have the right to suggest or criti- cise — and a Complaint Board is established whose duty it shall be to promptly investigate the complaint of any citizen either with regard to the conduct of the City government or of any public service corporation. The foregoing is necessarily brief. Many other excellent provisions will be found by a detailed examination of the Charter. WILBUR B. JOXKS, May 6, 1914. Secretary. CONTENTS Art Page clc 1 Corporate Name iind I'nwers — Wards 1 I I Elections 4 I I I Recall - 5 1 \ Board of Aldermen 7 \ Initiative ■ 12 \ I Referendum 14 VI I Mayor 1 7 \ 1 1 1 Officers ........: 19 I X Register _.. 22 X Law Department 23 XI City Marshal 23 XII City Courts 24 XI II Board of Public Service 25 XI \' Public Welfare Boards 32 XV Department of Finance _ 33 X\'l Board of Estimate and Apportionment 41 XV 1 1 City Bonds .42 XVIII Efficiency Board 45 XIX Franchises _ _ 49 XX License Taxes 51 XXI Condemnation - 52 XX I I Public Worlc , 58 XXIII Special Tax Bills 65 XXIV Improvement Bonds and Funds 68 XXV General and Miscellaneous „ 70 Schedule — _ 72 ARTICLE I. Corporate Name and Powers — Wards. Section 1. The inhabitants of tlie City of St. Louis, as its limits now are or may hereafter be, shall be and continue a body corporate by name "The City of St. Louis," and as such shall have perpetual succession, may have a corporate seal, and sue and be sued. It shall have power : (1) To assess, levy and collect taxes for all general and special purposes on all subjects or objects of taxation. (2) To adopt such classifications of the subjects and objects of taxation as may not be contrary to law. (3) To make special assessments for local improvements. (4) To contract and be contracted with. (5) To incur debts by borrowing- money or otherwise, and to give any appropriate evidence thereof. (6) To issue and give, sell, pledge or in any manner dispose of, negotiable or non-negotiable, interest-bearing or non-interest- bearing bonds or notes of the city, upon the credit of the city, or solely upon the credit of specific property owned by the city, or solely upon the credit of income derived from and prop- erty used in connection with any public utility owned or oper- ated by the city, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two or more of such credit":. (7) To expend the money of the' city for all lawful purposes. (8) To acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge or otherwise dispose of property, real or personal, and any estate or interest therein, within or with- out the city or State. (9) To condemn private property, real or personal, or any easement or use (herein for public use within or without the city or State. (10) To take and hold [)roperty within or without the city or State upon trust ; and to administer trusts. (11) To acquire, construct, own, operate and maintain or sell, lease, mortgage, pledge or otherwise dispose of public utilities or any estate or interest therein, or any other utility of service to the city, its inhabitants or anv part thereof. Charter of the City of vSt. Louis (12) To grant franchises for public utilities. CIS) To regulate the construction, maintenance, equipment, operation, service, rates and charges of public utilities, and compel, from time to time, reasonable extensions of facilities for such service. (14) To establish, open, re-locate, vacate, alter, widen, ex- tend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds and squares, wharves, bridges, viaducts, subways, tunnels, sewers and drains and regulate the use thereof. (15) To acquire, provide for, construct, regulate and main- tain and do all things relating to all kinds of public buildings, structures, markets, places, works and improvements. (16) To provide and maintain a harbor and wharves and regulate the use thereof, and impose wharfage and other charges therefor ; license and regulate ferries and other boats ; grant ferry privileges and regulate ferry charges ; rent or lease for not exceeding twenty-five years portions of the wharf for any purpose tending to facilitate the trade of the city. (17) To improve water courses and regulate the use thereof. (18) To establish, impose and enforce water rates and rates and charges for public utilities or other service, products or conveniences operated, rendered or furnished by the city. (19) To provide and maintain a sanitary system. (20) To provide and maintain a fire department. (21) To provide and maintain police and excise depart- ments when permitted by law. (22) To collect and dispose of sewage, offal, ashes, garbage and refuse, or to license and regulate such collection and dis- posal. (23) To license and regulate all persons, firms, corpora- tions, companies and associations engaged in any business, occupation, calling, profession or trade. (24) To impose a license tax upon any business, vocation, pursuit, calling, animal or thing. (25) To define and prohibit, abate, suppress and prevent or license and regulate, all acts, practices, conduct, business, oc- cupations, callings, trades, uses of property, and all other things whatsoever detrimental or liable to be detrimental to Charter of the City of St. Louis the health, morals, comfort, safety, convenience or welfare of the inhabitants of the city, and all nuisances and causes thereof. (26) To prescribe limits within which business, occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained. (27) To inspect, test, measure and weigh any article of con- sumption or use within the city. (28) To establish, regulate, license and inspect weights and measures. , ■. ; (29) To regulate the construction and materials of all build- ings and structures; and to inspect all buildings, lands and places as to their condition for health, cleanliness and safety, and when necessary prevent the use thereof and require any alterations or changes necessary to make them healthful, clean or safe. (30) To abolish or prevent grade crossings and provide for safe crossings and compel any street, steam, electric railroad or other transportation company or companies affected thereby to pay all or a part of the cost thereof. (31) To provide for the support, maintenance and care of children and sick, aged or insane, poor persons and paupers. (32) To provide and maintain charitable, educational, recre- ative, curative, corrective, detentive or penal institutions, de- partments, functions, facilities, instrumentalities, conveniences and services. (33) To do all things wliatsoever expedient for promoting or maintaining the comfort, education, morals, peace, govern- ment, health, welfare, trade, commerce or manufactures of the city or its inhabitants. (34) To enforce any ordinance, rule or regulation by means of fines, forfeitures, penalties and imprisonment or by action or proceeding in its own courts or in any other court of com- petent jurisdiction or by any one or more of such means, and to impose costs as a part thereof. (35) To exercise all powers granted or not prohibited to it by law or which it would be competent for this charter to enumerate. Charter of the City of St. Louis Sec. 2. The enunieration of particular powers in this charter is not exclusive of others, nor restrictive of general words or phrases granting powers, nor shall a grant or failure to grant power in this article impair a power granted in any other part of this charter ; and whether powers, objects or purf>oses are ex- pressed conjunctively or disjunctively they shall be construed so as to permit the city to exercise freely any one or more such powers as to any one or more such objects for any one or more such purposes. Sec. 3. The City is hereby divided into twenty-eight wards, bounded and numbered as the wards of the city now are; pro- vided, that from time to time corrected ward boundaries may be established by ordinance which shall comprise, as nearly as practicable, compact and contiguous territory within straight lines, and contain as nearly as may be the same num- ber of registered voters. ARTICLE II. Elections. Section 1. A general city election shall be held on the tirst Tuesday in April, 1915, and every two years thereafter. Sec. 2. At the general city election in 1917, and every four years thereafter, a Mayor and a Comptroller shall be elected each for a term of four years and until his successor qualifies. Sec. 3. At the general city election in 1915 one Alderman from each odd-numbered ward shall be elected for a term of two years, and at the same election, and every four years there- after, one Alderman from each even-numbered ward, and a President of the Board of Aldermen, shall be elected, each for a term of four years. At the general city election in 1917, and every four years thereafter, one Alderman from each odd- numbered ward shall be elected, each for a term of four years. Sec. 4. Every elective City officer, including the President and members of the Board of Aldermen, shall be elected by a general ticket; proznded, that whenever the constitution and laws of the State permit, each Alderman shall be elected only by the voters of the ward from which he is elected. Charter of the City of St. Louis Sec. 5. The Board of Election Commissioners shall desig- nate the day for holding any special election under the Initia- tive, Referendum or Recall provisions of this Charter. Sec. 6. The Board of Election Commissioners shall cause a notice to be published at least three times in at least two daily newspapers in the City, the first insertion to be at least twenty days prior to the holding of any election under the Initiative, Referendum or Recall provisions of this Charter, such notice to state the time and place of holding such elec- tion and the general nature of each proposition or ordinance to be voted upon. Sec. 7. Except as in this Charter otherwise provided, all elections shall be held and proceedings had in relation thereto as may be provided by law or ordinance. Sec. 8. All necessary expenses incurred in preparing for and conducting any election under the Initiative, Referendum or Recall provisions of this Charter shall be paid as fol- lows: The Board of Election Commissioners shall prepare its estimate of such expenses and submit same to the Board of Aldermen. The Mayor and Board of Aldermen must then appropriate the amount so estimated. The Board of Elec- tion Commissioners shall audit and approve all such expenses so incurred and certify them to the Comptroller, who must draw his warrant therefor on the Treasurer, who must pay the same. If no appropriation has been made for such payment the Treasurer shall charge the same to any fund not otherwise appropriated or to any fund available therefor, anything in this charter to the contrary notwithstanding. Sec. 9. Whenever it may be done in harmony with the State Constitution and laws, the Board of Aldermen shall by ordinance provide for and regulate municipal elections and registration of voters and may provide by ordinance for non- partisan nominations, preferential voting, or proportional rep- resentation. ARTICLE III. Recall. Section 1. Any elective officer may he recalled by the voters of the City, or if he shall have been elected by the voters C'liARTivR ()V THE City of St. Louis of a ward or district, then by the voters of such ward or dis trict, as hereinafter provided. Sec 2. A petition for such recall .shall be signed by regis- tered voters equal in number to twenty per cent of all the registered voters of the City at the time of the last preceding regular mayoralty election ; provided, that in such number shall be included twenty per cent of the registered voters at said time in each of at least two-thirds of the wards of the City; provided further, that if the officer shall have been elected by the voters of a ward or district, the petition need be signed by only twenty per cent of all the registered voters therein at the time of said mayoralty election. Sec. 3. The signatures need not all be appended to one paper, but all papers comprising the petition shall be uniform in character and shall each be verified by affidavit stating that each signature thereto was made in affiant's presence by, as affiant verily ■believes, the person whose name it purports to be. Each signer shall state, opposite his signature, his resi- dence address. Any person shall be deemed a registered voter whose name is unerased on the registration books. Sec. 4. Each of the papers comprising the petition shall state the name and office of the officer whose recall is sought and ask for his recall before any signature is appended thereto. Sec. 5. All .papers comprising the petition shall be assem- bled by the petitioners and filed with the Board of Election Commissioners as one instrument, and within ten days thereafter said Board shall find and certify as to the suffi- ciency of the petition, stating the number of registered voters signing. If the petition is certified to be insufficiently signed, supplemental papers conforming to the requirements for the orig-inals may be filed within twenty days thereafter, and said Board, within ten days after such supplements are filed, shall find and certify as to the. sufficiency of the petition, so supple- mented. If found still insufficiently signed, no further supple- ment shall be allowed, but a new petition may be filed. Sec. 6. If such recall petition, with supplements, if any, be found sufficient, a certificate to that effect shall be mailed by said Board to the officer, and if he does not resign within t^n CilARlT.R OF TIIK CiTV Of ST. LoUIS days after such mailing, said Board shall provide for submit- ting the question of his recall at the first election, at which it may lawfully be submitted, not less than thirty nor more than ninety days after such mailing, and if there is no such election, ihen at a special election to Ijc held within such ninety days if legally possible, otherwise at the earliest day at which said question may be submitted at either a general or special elec- tion. Any such election, at any stage thereof, shall at once be discontinued upon the death, resignation or removal of the officer whose recall is in question. Sec. 7. The ballot shall state the proposition, "Shall (name of officer) be removed from the office of (name of office) ?" and to the right thereof, in bold type, the words "yes" and "no," one above the other. To vote for the recall of said officer tlie voter shall s.trike out the w^ord "no," and to vote against such recall, the word "yes." If the majority of the votes cast thereon at said election shall be in favor of such recall, the office shall be vacant five clays thereafter. Sec. 8. No petition shall seek the recall of more than one officer, but several propositions for recall may be separately submitted at the same election on the same ballot. Sec. 9. No recall petition shall be filed against any officer within the first six months or the last six months of his term nor within six months after a proposition for his recall has been defeated at an election. ARTICLE IV. Board of Aldermen. Section 1. The legislative power of the City shall, subject to the limitations of this Charter, be vested in a Board of Aldermen, consisting of a President, elected as such bv gen- eral ticket from the City at large, and twenty-eight mem- bers, one from each ward, to be known and elected bv sjen- eral ticket as Alderman from the ward from which elected. Sec. 2. No person shall become an Alderman except he be a voter and at least twenty-five years of age and shall have been next before his election five years a citizen of the United States, three years a rp*^if1?'ii' f^f tlie Citv, two vears an a.^- R CnARTriK ov Tiir: City or St. Louis messed taxpayer of the City, and one year a resident of the Avard from which elected, nor who shall have been convicted of malfeasance in ofifice, bribery or other corrupt practice or crime; and if any Alderman shall be so convicted or shall at any time not be a resident of such ward he shall thereby forfeit his ofifice. The salary of each Alderman shall be eighteen hundred dollars per annum. Sec. 3. The President of the Board of Aldermen shall pre- side at all its meetings and have the qualifications and forfeit his ofifice for the causes provided with regard to the Mayor. TTis salary shall be three thousand dollars per annum. Sec. 4. Whenever a member of said Board, other than the President, is absent from a meeting, he shall forfeit ten dol- lars of his salary and such forfeiture shall not be remitted ; provided that forfeitures by one member shall not exceed eight hundred dollars in any one year. Sec. 5. Any vacancy in said Board shall be filled for the un- expired term at the next general City or State election held fifty days or more after such vacancy occurs; provided, that whenever three or more vacancies exist in said Board such vacancies shall be filled at a special election ; but no such spe- cial election shall be held within three months prior to any general City or State election. Sec. 6. Said Board shall choose from its membership a Vice-President to act in case of the absence, disability or fail- ure to act of the President; shall choose a Clerk, and may select any other ofificers and employes. Sec. 7. Said Board shall be the judge of the qualifications of its members, except of its President, and a majoritv of all its members shall constitute a quorum, but a smaller number may adjourn from day to day and may compel the attendance of absentees in such manner and under such penalties as the Board may provide. Sec. 8. Said Board may determine the rules of its pro- ceedings, subject to this Charter; arrest and punish by fine or imprisonment or both, any member or other person guil- ty of disorderly or contemptuous behavior in its presence ; and with the concurrence of two-thirds of all its members, expel Charter of the City of St. Louis a member for cause, after notice and upon a hearing^. It shall have power, and may delegate it to any committee, to subpoena witnesses and order the production of books and papers relat- ing to any subject within its jurisdiction ; to call upon its own officer or the City Marslial to execute its process ; and to arrest and punish by fine or imprisonment or both any person refus- ing to obey such subpoena or order. No fine for any one of- fense under this section shall exceed three hundred dollars nor shall any imprisonment for any one ottense exceed ten days; but each day's continuance in any refusal as aforesaid shall be a separate offense. ]ts presiding- officer or the chair- man of any committee may administer oaths to witnesses. It shall keep a Journal of its proceedings, and the yeas and nays on any question shall at the desire of any member present be entered thereon. The proceedings of each meeting of said Board shall be published within five days in the paper or papers doing the City publishing. Sec. 9. One session of said Board shall be held annually, beginning on the third Tuesday of April, and the Mayor may by three days' proclamation convene it in special session. All sessions shall be public and in the City Hall, subject lo change of place in case of emergency. Sec. 10. The style of ordinance shall be: "Be it ordained by the City of St. Louis, as follows:" Sec. 11. No ordinance shall be passed except by bill and no bill shall be so amended in its passage as to change its original purpose. Sec. 12. No ordinance shall be revived or re-enacted ex- cept by bill setting it forth in full, nor amended except by bill setting forth the ordinance or section amended in full, as amended. Sec. 13. No bill, except a general appropriation bill which shall only embrace matters on account uf which moneys are appropriated, shall contain more than one sub- ject, which shall be clearly expressed in its title. Sec. 14. The Board of Aldermen at any mee'ing iield thirty days or more after any bill shall have been referred to a committee, shall, on motion of any member, determine by 10 Charter of the City of St. Louis the yeas and nays entered on the Journal, whether such com- mittee shall be discharged from further consideration thereof. Sec. 15. All amendments adopted shall he incorporated with the bill by engrossment under the supervision of a com- mittee which shall report in writing such engrossment not later than the first meeting of said Board held more than three days after the order to engross. Sec. 16. Every bill shall be read on three different days in open session before its adoption, and no bill shall become an ordinance unless a majority of all the members vote in favor of its adoption and the presiding officer signs the same in open session. Sec. 17. Each bill shall be presented to the Mayor im- mediately after its adoption, but shall not be acted upon by him (except it be an emergency measure) within ten days after its adoption. He shall within twenty days after its presentation to him return it with his approval or disapproval endorsed thereon to the Board of Aldermen, or, if said Board shall have finally adjourned, to the Register. Failure so to re- turn any bill within said time shall constitute approval there- of by the Mayor. If the Mayor approves the bill, or fails to re- turn it as and when above provided, it shall become an ordi- nance, subject to the Referendum provisions of this Charter. If he returns it to the Register, with his disapproval endorsed thereon, after said Board shall have finally adjourned, but within said twenty days, it shall not become an ordinance. If he returns it to said Board, with his disapproval endorsed thereon, within said twenty days and before said Board shall have finally adjourned, said Board shall reconsider it. If, on such reconsideration, two-thirds of all the mem])ers vote to pass the bill, the presiding ofiicer shall certify that fact thereon over his signature and thereupon the bill shall be- come an ordinance, subject to the Referendum provisions of this Charter; otherwise it shall not become an ordinance. If a bill contains several items of appropriation, the Mayor may disapprove one or more items while approving the others, and the items approved shall become an ordinance in like manner as a bill approved, and the items disapproved shall be proceeded with in like manner as a bill disapproved. Charter of the City of St. Louis U Sec. 18. In all cases under the two next preceding sec- tions the vote shall be determined by yeas and nays and the names of the members voting for and against the bill shall be entered on the Journal. Sec. 19. No ordinance, unless it be an emergency mea- sure, shall take effect until thirty days after its approval by the Mayor, or thirty days after adoption over his veto. Sec. 20. An emergency measure is any ordinance neces- sary for the immediate preservation of the public peace, health or safety and declared to be an emergency measure; any ordinance calling or providing for any election or vote by or submission to the people; any ordinance making an appro- priation for the payment of principal or interest of the public debt, or for current expenses of the City government; any general appropriation ordinance ; or any ordinance fixing any tax rate ; but no ordinance granting, enlarging or affecting any franchise or amending or repealing any ordinance adopted by the people under the Initiative shall be an emergency measure. Sec. 21. Every ordinance shall be immediately sent to the Register, and by him numbered, filed and preserved in his office. Every ordinance shall be published within ten days after its approval by the Mayor or adoption over his veto in the paper or papers doing the city publishing. Sec. 22. There shall be a revision of the general ordi- nances every five years. Sec. 23. The Board of Aldermen shall have power by or- dinance not inconsistent with this Charter to exercise all the powers of the City, and provide all means necessary or proper therefor; also to do all things needful within or with- out the City or State to protect the rights of the City. Sec. 24. No fine shall exceed (i\c hundrctl dollars. Any one against whom any fine shall have been assessed, failing to pay the same and costs, shall be committed to the work- house or other place provided therefor, and to such labor as miay be provided by ordinance, until such fine and costs shall be fully paid, at the rate of one day's imprisonment for each three dollars of fine ; provided, that no such imprisonment 12 Charter qi- the City of St. Louis shall exceed one hundred days for any one offense, and pro- vided further, that fines may be paid in installments in such manner as may be provided by ordinance, and provision may be made by ordinance for the detention, with the view to reform and cure, of habitual drunkards or other habitual de- linquents, as may be defined l>y ordinance, for an indeter- minate sentence not exceeding one year. Sec. 25. Except as otherwise expressly provided in this Charter no money shall be expended except in consequence of appropriations made by ordinance, and no improvement in- volving any expenditure of money shall be ordered except b}- ordinance. No ordinance making-, changing or transferring an appropriation or contemplating or involving the payment of any money shall be adopted unless the Board of Estimate and Apportionment shall have recommended or joined in recom- mending the same. Sec. 26. The Board of Aldermen shall not have power to relieve or exempt any person from the payment of any tax, or from any burden imposed by law ; nor to authorize the compromise of any disputed contractual dem.and, or any allow- ance on account thereof not provided for in the contract, except on recommendation of the Board of Estimate and Apportion- ment ; nor to authorize the payment of any damages claimed for alleged injuries to persons or property, except upon recom- mendation by the City Counselor ; nor to appropriate any money for charitable purposes, except such as shall be subject to the administration or supervision of the City; nor to sell, lease or otherwise dispose of the water works ; nor to sell anv of the City's real estate except by ordinance adopted by a vote of two-thirds of all the members; nor to acquire real estate by private purchase except by ordinance recommended bv the Board of Public Service. ARTICLE V. The Initiative. Section 1. The i)cople shall have power, at their option, to propose ordinances, including ordinances proposing amendments to this Charter, and to adopt the same at the polls, with the same Charter of the City of St. Louis 13 effect as if adopted by the Board of Aldermen and approved by the Mayor, such power being known as the Initiative. It shall be exercised as hereinafter provided, subject to the provisions of this Charter. Sec. 2. Such an ordinance shall be proposed by petition signed by registered voters equal in number to five per cent, or, in case the proposed ordinance is for the submission of an amendment to the Charter, ten per cent, of all the registered voters of the City at the time of the last preceding regular mayoralty election. Each of the papers comprising the petition shall contain the proposed ordinance in full and designate by names and addresses five persons as the committee of the petitioners. Sec. 3. Each such petition and the papers comprising same shall be governed by, and proceedings shall be had thereon in accordance with, the provisions of Sections 3 and 5 of Article III concerning the Recall, but construing said sections with reference to the petition and the sufficiency thereof required by this article. Sec. 4. If the Board of Election Commissioners find that the petition, with supplements, if any, is suflficient, it shall forthwith certify that fact, together with a copy of the petition, omitting signatures, to the Board of Aldermen. Unless the proposed ordi- nance is, without amendment, adopted and approved by the Mayor, or adopted, without amendment, over his veto, within sixty days after the regular meeting of the Board of Aldermen next after said certification, or unless four meml>crs of the com- mittee of the petitioners shall, within fifteen days after the expiration of said sixty days, state in writing to tiie Clerk of the Board of Aldermen that there is no necessity for submitting the proposed ordinance to the voters, said Clerk shall forthwith certify the failure to adopt same to the Board of Election Commissioners. Said Board of Elec- tion Commissioners shall thereupon provide for submitting said proposed ordinance, in its original form, to the voters at the first election, at which such submission may law- fully be had, not less than thirty days after such certification to it by said Clerk, and if there is no such election within ninety days after such certification, and the petition shall be signed by registered voters equal in number to seven per cent, or in case 14 Charter op the City oe St. Louis the jjroposed ordinance is for the submission of an anienchiient to the Charter, fifteen per cent, of all the registered voters of the City at the time of the last preceding regular mayoralty election, then such submission shall be at a special election to be held within such ninety days if legally possible, otherwise at the earliest day on which such submission may be had at either a general or special election. Sec. 5. The ballots shall state the nature of the proposed ordi- nance, and to the right thereof in bold type the words "Yes" and "No", one above the other. To vote for such ordinance the voter shall strike out the word "No" and to vote against it, the word "Yes". If a majority voting on the proposed ordinance vote in favor thereof, it shall be an ordinance of the City, in eflfect ten days thereafter, and the Board of Election Commissioners shall certify a copy thereof and the fact of its adoption to the Register, who shall number said ordinance and file and preserve said copy and certificate in his office. Such ordinance shall be published and printed copies thereof made for distribution as provided for other ordinances. Sec. 6. No ordinance adopted at the polls under the Initiative shall be amended or repealed by the Board of Aldermen except by vole of two-thirds of all the members, nor within one year after its adoption. ARTICLE VI. The Referendum. Section 1. The people shall have power, at their option, to approve or reject at the polls any ordinance (except it be an emergency measure as defined in Section 20 of Article IV), such power being known as the Referendum and to be invoked and exercised as herein provided. Sec. 2. If within thirty days after the approval by the Mayor of any ordinance (not an emergency measure) or its adoption over his veto, there is filed with the Board of Election Commis- sioners a petition purporting to be signed by registered voters equal in number to two per cent of all the registered voters of the City at the time of the last preceding regular mayoralty election, requesting that said ordinance be reconsidered and rejected or referred, then said Board shall certify that fact to Charter of The City of St. Louis 15 the Register and said ordinance shall not take eflFect except as hereinafter provided. Within ten days after such filing the said Board shall find and certify the number of registered voters sign- ing said petition and what percentage said number equals of the entire number of said registered voters at the time of said election. If the percentage so found is less than the two per cent aforesaid, said Board shall certify that fact to the Regis- ter, the said petition shall not be supplemented, and said ordi- nance shall take effect. If the percentage so found is not less than two per cent but is less than seven per cent of all of said registered voters at the time of said election, then within thirty days after the certification of such finding there may be filed with said Board a supplemental petition, shown, by the affidavits appended thereto, to be signed by registered voters to a number which, with the number of registered voters who signed the original petition, equals in number said seven per cent. If such supplemental petition is filed, said Board shall within ten days thereafter find and certify the number of registered voters sign- ing same and whether !-uch signers, added to registered voters who signed the original petition, equal in number said seven per cent. If it finds that the aggregate number of such signers does not equal said seven per cent, or if the committee of the peti- tioners make the statement in writing as hereinafter mentioned, said Board shall certify the fact to the Register, no further supplementing shall be permitted, and said ordinance shall take effect. If said Board finds the original petition, or the original and supplemental petitions together, to be signed by registered voters equal in number to said seven per cent, it shall, forthwith after either such finding, certify that fact, together with a copy of the petition (omitting the signatures), to the Register and to the Board of Aldermen, and the latter Board shall reconsider said ordinance. If on such reconsideration the Board of Alder- men by a majority vote rejects said ordinance, it shall not take effect. If the Board of Aldermen fails to finally and wholly reject said ordinance wJthin thirty days after such certification to it, then, unless four members of the committee of the peti- tioners, within fifteen days after said thirty days expire, state in writing to the clerk of the Board of Aldermen that there is no necessity for submitting said ordinance to the voters, such Clerk shall forthwith certifv said failure to the lioard of Election 16 Charter of the City oe St. Louis Commissioners, which shall thereupon make provision for sub- mitting such ordinance, in such form as it then shall be, to the voters; proi-ided, that the final percenta^^e of signers required to compel submission to the voters of an ordinance amending or repealing an ordinance adopted at the i)olls under the Initiative shall be three per cent instead of seven per cent as required in case of other ordinances. Such submission shall l)e at the first election, at which it may lawfully be had, not less than thirty days after the last mentioned certification, and if there is no such election within ninety days after such certification, and the original petition or the original and supplemental peti- tions together shall be signed by registered voters equal in number to twelve per cent of all the registered voters of the City at the time of the aforesaid mayoralty election, or if the Board of Aldermen shall by resolution so request, such sub- mission shall be at a special election to be held within such ninety days if legally possible, otherwise at the earliest day on which such submission may be had at either a general or special election. If the majority of the votes cast thereon at the election shall be for such ordinance, it shall take effect within ten days after such election. Sec. 3. The provisions of Section 5 of Article V concerning the ballots and manner of voting, the duties of the Board of Election Commissioners and the Register, and the publishing of ordinances and printing of copies thereof, shall govern like mat- ters under this Article. Sec. 4. The signatures need not all be appended to one paper, but all papers comprising any original or supplemental petition under this Article shall be uniform in character and shall each set forth the ordinance in full and contain the request men- tioned in Section 2, and designate by names and addresses five persons as the committee of the petitioners, and each such paper shall be verified by an affidavit stating the number of signatures thereto and that each signature was made in affiant's presence, by, as affiant verily believes, the person whose name it pur- ports to be ; and all papers comprising an original or supplemen- tal petition shall be assembled by the petitioners, and filed with the Board of Election Commissioners as one instrument. Each signer shall state opposite his signature his residence address. Any person shall be deemed a registered voter within the mean- Charter of the City of St. Louis 17 ing of this Article whose name is unerased on the registration books. Sec. 5. If the provisions of two or more initiated or referre^i ordinances adopted or approved at the same election conflict, the one receiving the highest affirmative vote shall prevail in so far as such provisions conflict. Sec. 6. Any person may present to the City Counselor at least twenty days prior to any election a written statement, not exceed- ing one thousand words, concerning any ordinance or recall propo- sition to be voted on at such election. The City Counselor shall at least ten days before such election prepare and cause to be published in the paper or papers doing the City publishing a fair summary of all such statements. ARTICLE VIL Mayor. Section \. The Mayor shall be the chief executive officer of the City and, except as by law or in this Charter otherwise pro- vided, have and exercise all the executive power of the City. He shall exercise a general .supervision over all the executive afifairs of the City and see that each officer and employe performs his duty and that all laws, ordinances and charter provisions arc enforced within the City. His salary shall be ten thousand dol- lars per annum. .Ml process against the City shall be served upon him. He shall appoint and may remove all non-elective officers and all employes, except as otherwise in this Charter provided, but shall not remove any office, department or division head apixiinted by him, except for cause. He shall execute all deeds and conditional bonds made in (he name of the City and see that all contracts with the City are performed and that all legal proceedings necessary to enforce or protect the rights or inter- ests of the City are brought and tlili.!.,'ently prosecuted. He shall have a seat and a voice and may introduce ordinances, but not vote, in the Board of Aldermen, and shall make reconniien-ance. I'ailnrc to 30 Charter ok the City oi-" St. Louis abate a nuisance after an order so to do as aforesaid shall constitute a misdemeanor, punishalile as may be provided by ordinance. Whenever any malignant infectious or contagious disease is prevalent in the City, or will probably become so, the Mayor may ])roclaim such fact to the inhabitants, and thereupon any- thing in this Charter or any ordinance to the contrary not- withstanding, the Health Commissioner, with the approval of the Director of Public Welfare and the Mayor, shall have power, until the Mayor shall proclaim that the occasion there- for is past, to take such steps, use such measures and incur such expense as may in the opinion of the Commissioner be necessary to avoid, suppress or mitigate such disease. Said Commissioner shall keep a record of his acts and orders and shall file in his office all petitions, documents and papers belonging thereto. Copies of such records, petitions, docu- ments and papers when certified by him or as may be pro- vided by ordinance shall be prima facia evidence in any court of the facts therein contained. All police officers shall observe the sanitary conditions in their districts and, through the Chief of Police, shall report to the Health Commissioner promptly, any disease or nuisance in the City. The health division shall have charge of the registration of all births and deaths within the City. It shall have charge of the markets, the quarantine and the morgue, and the Health Com- missioner, with the approval of the Director of Public Welfare, shall make all necessary rules for the government thereof. (b) There shall be a Division of Hospitals which shall in- clude, and have under its special charge and supervision the operation and maintenance of all the hospitals, infirmaries, medical laboratories, dispensaries and other charitable insti- tutions of the city. The head of said division shall be known as the Hospital Commissioner. (c) There shall be a Division of Parks and Recreation, which, except as may be otherwise herein or by law pro- vided, shall have supervision and control of all public parks and places and of all facilities provided by the City for recre- ation, amusement or instruction, and execute all ordinances Charter of the City of St. Louis 31 of the City relating to the management or use thereof. It shall also exercise such supervision and control as may be provided by ordinance over public recreative functions, amuse- ments and entertainments not conducted by the City. The head of said division shall be known as the Commissioner of Parks and Recreation. He shall appoint and contrtjl the City Forester. (d) There shall be a Division of Correction, which shall in- clude and have under its special charge and supervision the operation and maintenance of all detentixe, penal and correc- tive institutions of the City. The head of said division shall be known as the Commissioner of Correction. (e) The Board of Aldermen mav by ordinance inchule in the Department of Public Welfare and make provision : for research and publicity concerning the causes of poverty, de- linquency, crime and disease, or concerning other problems re- lating to the public health, morals and welfare, and to promote the education of the City with regard tliereto; for free legal aid ; for a municipal lodging house ; for a City free employment bureau ; and provide for such of^cer or oflficers in charge thereof as may be necessary. Sec. 15. DEPARTMENT OF PUBLIC SAFETY. The Department of Public Safety shall include the following divi- sions : (a) When the City is permitted l)y law to establish and maintain a police department, such department shall be a division hereunder. The head of said division shall be known as Police Commissioner. He may be removed, with or with- out cause, by the Director of Public Safety or by the Governor of the State. (b) When the City is permitted by law to establish and maintain an excise department, such department shall be a division hereunder. The head of said division shall be known as Excise C(Mnmissioner. He may be removed, with or with- out cause, by the Director of Pul)lic Safety or by the Cov- ernor of the State. (c) There shall be a division of Fire and Fire Prcventioii which shall manage, control and cotiduct the fire department, and take all proper steps for fire preventioii or suppression. 32 Charter of the City of St. Louis 1'lie head of said division shall he known as Chief of the l-'ire Department. In case of emergency, with the approval of the Director of Puhlic Safety, he may purchase or hire whatever may he required for the emergency, with or with- out authority or appropriation by ordinance therefor. He or any assistant in charge at any fire shall have the same police powers at such fire as the Chief of Police, under such regula- tions as may be prescribed by ordinance. He may appoint a Fire Marshal, whose duty it shall be, subject to the Chief of the Fire Department, to investigate the cause, origin and cir- cumstances of fires and the loss occasioned thereby and assist in the prevention of arson. The Chief of the Fire Department shall have charge of the fire and police telegraph and telephone systems. (d) There shall be a division of Weights and Measures which shall execute all ordinances regulating or relating to weights and measures or the inspection thereof. The head of said division shall be known as the Commissioner of Weights and Measures. (e) There shall be a division of Building and Inspection. It shall superintend all buildings belonging to or under the con- trol of the City and have charge of the condemnation of un- safe buildings and the prevention of the use of buildings while imsafe, the granting of building permits, the inspection of all buildings in course of construction, the enforcement of all building ordinances; the supervision of all plumbing; the abatement of the smoke nuisance; and the inspection of all boilers, elevators and mechanical plants. The head of said division shall be known as the Building Commissioner. ARTICLE XIV. Public Welfare Boards. Section 1. The Mullanphy Fund shall be administered by a Board of three members to be appointed by the Mayor for terms of one, two and three years, respectively. Each year thereafter the Mayor shall appoint one member for a term of three years. Members shall hold of^ce until their succes- sors qualify. The Board may appoint such employes as may be provided by ordinance. Ciiartp:r (if tup: City of St. Lotns 33 Sec. 2. There is herel)y established a Complaint Board to consist of three members to serve without compensation. Said members shall be appointed by the Mayor for terms of one, two and three years, respectively. Each year thereafter the Mayor shall appoint one member for a term of three years. Members shall hold office until their successors quali- fy. Said Board shall employ a secretary, and may appoint such other employes as may be provided by ordinance. It shall receive complaints against any department, board, divi- sion, officer or employe of the City, or against any public util- ity corporation, and examine the same. It shall recommend to the proper City or State authorities any action deemed ad- visable. Sec. 3. Provision may be made in accordance with law or ordinance for: (a) a Board of Parole and Probation; (b) a Board of Children's Guardians; (c) a City Art Museum, and (d) a Zoological Park. ARTICLE XV. Department of Finance. Section 1. The Depa/tnient of Finance shall include the office of the Comptroller and the Assessment, Collection, Treasury and Supply Divisions. Sec. 2. THECOMPI'ROLLER. The Comptroller shall have the qualifications and forfeit his office for the causes provided with regard to the Mayor; receive a salary of eight thousand dollars per annum ; give bond to the City for not less than three hundred thousand dollars, and appoint one deputy comptroller and such other deputies and employes as may be provided by ordinance. The Comptroller shall be the head of the Department of Finance and exercise a general supervision over its divisions, over all the fiscal affairs of the City and over all its property, assets and claims and the disposition thereof. He shall preserve the credit of the City, and for that purpose, or in case of any extraordinary emergency of any kind, he may, with the approval of the Board of Estimate and Apportionment, and with or with- out any ordinance or other autliority dt approjiriation therefor, draw warrants on the treasurer or effect temi)orary loans to pay 34 CiiAKJiCR OF THE City or St. Louis debts and judgments and other liabilities of the City, or to meet any such emergency, charging such warrants to any excess bal- ances in appropriations made by the general annual appropriation bill and specifically reporting his action to the Board of Aldermen at its first meeting thereafter. He shall have a seat and a voice but no vote in the Board of Aldermen. He shall be the general accountant and auditor of the City and the records in his office shall show the financial operations and condition, property, assets, claims and liabilities of the City, all expenditures authorized and all contracts in which the City is interested. He shall require proper fiscal accounts, records, settlements and reports to be kept, made and rendered to him by the several departments and offices of the City, including the license collector's office so far as consistent with law, and shall control and continually audit the same, and prescribe forms, rules and regulations therefor and require their observance. He shall regulate the making of all requisitions for supplies. ' Except as by this Charter or by law or ordinance otherwise provided he shall prescribe and regulate the manner of paying creditors, officers and employes of the City. He shall audit all pay-rolls, accounts and claims against the City, and certify thereon the balance as stated by him and draw his warrant on the Treasurer therefor, but no pay-roll, account or claim, or any part thereof, except for the preservation of the credit of the City, or in case of extraordinary emergency as hereinbefore provided, shall be audited against the City unless certified by the officer having knowledge of the facts, and author- ized by law or ordinance, and the amount required for payment of the same appropriated for that purpose by ordinance and in the Treasury. He shall see that no contract liability is incurred except for the preservation of the City's credit, or in case of emergency, as hereinbefore provided, without previous author- ity of law or ordinance. He shall, at least monthly, adjust the set- tlements of all officers engaged in the collection of the revenue. Tie may temporarily transfer employes from one division of the department of finance to any other division thereof. He shall have power to administer oaths- He shall receive and preserve in his office all books, vouchers and papers relating to the fiscal affairs of the City. He may destroy any documents, books, vouchers, papers or cancelled blank forms pertaining to any department, board or office if he, the City Counselor and the head Charter of the City of St. Louis 35 of such department, board or office certify tliat they are useless and the Board of Estimate and Apportionment so directs. He shall keep a register of all delinquent and special tax bills or other claims of the City in the nature of liens on property and shall release any such bill or claim thereon on proof of pavnient thereof. Sec. 3. Any officer or employe in the Comptroller's office mav be designated by him to draw warrants upon the Treasurer vvitii the same effect as if signed by the Comptroller, such designation to be in writing, in duplicate, filed with the Mayor and in the treasury division ; provided, that the Mayor may make such desig- nation if the Comptroller be absent or disabled and there be no one in his office designated to act. Any such designation may be revoked by the Comptroller while acting as such by filing the revocation in duplicate with the Mayor and in the Treasury Division. Sec. 4. ASSESSMENT DIVISION. The Assessment Divi- sion shall consist of the Assessor and such deputy assessors and employes as may be provided by ordinance. Sec. 5. The Assessor shall have the qualifications provided with regard to the Mayor; receive a salary of five thousand dollar^ per annum, and before entering upon the duties of his office, take an oath similar to that required by law of county assessors. Ik- shall be the head of the Assessment Division ; appoint the deputy assessors and employes in his division ; preserve all maps, plats, books and papers belonging to said division ; cause all plats to be prepared, altered and corrected as required by law ; receive lists, statements or returns of property; and furnish blanks and infor- mation to those desiring to appeal to the Board of Equalization. Sec. 6. Each deputy assessor shall take the same oath as the Assessor and have the same powers, subject to his control, and shall have been a resident of the City for five years next be- fore appointment. Sec. 7. The Assessor and his deputies before entering upon their duties shall give bond to the State ; the Assessor for twenty thousand dollars and the deputies each for five thousand dol- lars, or such other sums as may be fixed by ordinance. Each bond shall be executed in duplicate and one forwarded to the State Auditor, the other deposited with the Comptroller. 36 Charter of the City of St. Louis Sec. 8. The Assessor, or his deputies under his direction, shall severally assess all the taxable property, real or personal, within the City in the manner provided by law, and for that purpose the Assessor may divide and assign the work or any of it among them. They shall commence their assessment on the first day of June in each year, and complete the same, and the deputies make their final reports thereof to the Assessor, on or before the first day of January next following. The Assessor shall see that the assess- ment is made uniform and equal throughout the City. Sec. 9. The Assessor shall make up the assessment books in proper alphabetical order from the reports made by the deputy assessors, the lists or statements made of property, his own view, or the best information he can otherwise obtain, and complete said books on or before the third Monday in March of each year. Sec. 10. There shall be a Board of Equalization consisting of the Assessor, who shall be its president, and four taxpaying, prop- erty-owning citizens resident in the City for ten years next before their appointment, who shall be appointed annually by the Mayor on or before the second Monday in March. Each member shall take an oath similar to that required by law of members of County Boards of Equalization. Their compensation shall be fixed by ordinance. Sec. 11. Said Board shall have the power and duty to hear complaints and appeals, and to adjust, correct and equalize the valuations and assessments of any taxable property, real or per- sonal, within the City and to assess and equalize the value of any taxable property, real or personal, within the City and to assess and equalize the value of any taxable property, real or personal, omitted from the assessment books then under examination by them, and to adjust and correct the assessment books accord- ingly; provided, that if said Board proposes to increase any assessment or to assess any such omitted property, it shall give notice of the fact to the person owning or controlling the prop- erty affected, his agent or representative, by personal notice, by mail, or by advertisement, specifying when and where a h.earing shall be granted. Sec. 12. When the assessment books are completed the .Asses- sor shall give two weeks' notice in at least two daily newspapers Charter of the City of St. Louis 37 that said books are open for inspection, and stating when the Board of Equalization will be in session. Sec. 13. The said Board shall meet on or before the third Monday in March, annually, and remain in continuous session for at least three hours in the forenoon and at least three hours in the afternoon of each day, except Sunday, for four weeks and no longer. It shall have power to subpoena witnesses and order the production of books and papers, and any member may ad- minister oaths, in relation to any matter within its jurisdic- tion. It shall hear and determine all appeals summarily, and keep a record of .its proceedings which shall remain in the as- sessment division. Sec. 14. Any person may appeal in writing to the Board of Equalization from the assessment of his property, specifying the matter of which he complains. Sec. 15. After the assessment books have been corrected the Assessor shall make an abstract thereof showing the amount of the several kinds of property assessed and specifying the amount of value of all taxable property within the City, and certify thereon that the same is a true and correct abstract of all such property in the City so far as he lias been able to ascertain. One copy of the abstract, verified by his oath, shall be delivered on or before the fourth Mondav in May to the Mayor, and another to the State Auditor. The Assessor shall extend in said assess- ment books the State, school and city taxes and include in said books such matter as the law shall provide or the Comptroller require. The Assessor shall then cause tax bills to be made out for such taxes in such form as the law shall provide or the Comp- troller prescribe, and deliver them with a duplicate schedule there- of to the Comptroller, who shall compare said bills with said books and schedule and test the footings, and then officially stamp said bills and deliver them with one schedule to the collector, and take his separate receipts : one for the aggregate of said bills, and another for the State taxes, which last receipt the Comptroller shall transmit to the State Auditor. Sec. 16. The Comptroller shall hear and determine all com- plaints of manifest error in the assessment of property for taxes, and in all cases when it shall appear that any property, real or per- sonal, has been erroneously assessed, cause the same to be cpf- 21.0676 38 CirARTRR or t he City of St, Louis rected on the assessment books, and certify to the State Auditor all such corrections for credit to the Collector. The Comptroller shall perform all duties and acts within the City, in regard to the "land delinquent list," the "sale of land for taxes," and the assess- ment books and tax bills that are imposed on county courts by general law ; and make out the "back tax books" and the back tax bills required by law. Sec. 17. The costs and expenses of the assessment for each year shall be paid by the City. The Comptroller shall, as soon as the amount is ascertained, certify the same to the State Auditor and obtain his warrant in favor of the City for one- half thereof as provided by law. Sec. 18. The day after any instrument affecting the title to real estate is filed in the office of the Recorder of Deeds, the Recorder shall deliver to the Assessor an abstract thereof and to the Board of Public Service a copy of such abstract. The Assessor shall promptly change the plats in his division ac- cordingly. Sec. 19. COLLECTION DIVISION. The Collection Divi- sion shall consist of the Collector and such deputies and em- ployes as may be provided by ordinance. Sec. 20. The Collector shall have the qualifications provided with regard to the Mayor and be the head of the Collection Divi- sion. He shall receive such compensation as may be provided by law or ordinance. He shall collect all State, City and school taxes, wharfage, water rates and dramshop licenses, and may collect special assessments, and, unless otherwise provided by ordinance, all indebtedness and claims due the City, and daily pay the same to the City Treasurer, except the State taxes which shall be paid by him as provided by law, and except the school taxes which shall be paid by him to the Board of Educa- tion of the City monthly, or oftener when required in writing by the Treasurer of said Board. He shall collect license taxes as permitted by law. He shall appoint the deputies and em- ployes in his division. Each deputy shall have all the powers of the Collector, subject to his control. Sec. 21. The Collector, before entering upon the duties of his oflfice, shall give bond to the State, as required by law, and Charter of the City of St. Louis 39 to the City, as may be required b}- ordinance. Said bond to the State shall be executed in duplicate and one filed with the Comptroller and the other with the State Auditor. Sec. 22. The payment of all city and school taxes may be enforced in like manner as may be provided by law for enforc- ing- the payment of State taxes. Sec. 23. TRE.ASURY DIVISION. The Treasury Division shall consist of the Treasurer, and such deputies and employes as may be provided by ordinance. Sec. 24. The Treasurer shall have the qualifications provided with regard to the Mayor and be the head of the treasury divi- sion. He shall receive a salary of five thousand dollars per annum ; before entering upon the duties of his office, give bond to the City for at least one hundred thousand dollars ; and appoint the deputies and employes in his division. He shall receive and keep the money of the City, and pay out the same on warrants drawn by the Comptroller and not otherwise. All money belong- ing to the City received by any officer or agent thereof shall be deposited daily in the Treasury Division unless otherwise pro- vided by law or ordinance, and any delinquency in this respect shall be reported promptly by the Treasurer to the Mayor and to the Comptroller. The Treasurer shall deliver duplicate re- ceipts for all money received, one to the party paying, the other to the Comtroller, stating the source, the amount, and to what account credited. The Treasurer shall daily rep<^rt the balance in the treasury to the Comptroller and to the Mayor. Sec. 25. Depositaries of the City funds shall be selected and deposits made therein as provided by law or by ordinance rec- ommended by the Board of Estimate and Apportionment. Sec 26. SUPPLY DIVISION. The Supply Division shall consist of the Supply Commissioner and such deputies and em- ployes as may be provided by ordinance. Sec. 27. The Supply Commissioner shall be the iicad of the Supply Division, receive a salary of five thousand dollars per annum; give bond as required by ordinance; and appoint the deputies and employes in his division. Sec. 28. The Comptroller, Supply Commissioner and Presi- dent of the Board of Public Service shall personally or by deputy 40 ClIARTKR OF THE CiTY OF ST. LouIS constitute the Dnard of vStaiidardizalion, vvliosc duty it shall be to classify and standardize all supplies and materials purchased by the City or used for municipal purposes, and prepare precise specifications for all supplies to be purchased through the Supply Division. The Board may maintain such laboratories or other methods of testing as may be necessary. Sec. 29. Supplies for all departments, boards or offices, exclu- sive of material for public work or improvements, shall be pur- chased only through the Supply Division, according to such stand- ards and specifications, if any, adopted or prepared by the Board of Standardization, and by advertising for proposals therefor. Bids may be for one or more, or all the articles advertised for, but there shall be a specific bid on each article. The award may be made to the lowest bidder for any article or to the lowest bidder for the entire requisition or any part thereof; but the Board of Standardization may reject any or all bids or any part of any bid. The Supply Commissioner may contract for supplies in any amounts or for any periods as may be approved by the Board of Standardization, and subject to the ])rovisions of this Charter. In cases of emergency^ to be determined by said Board, purchases may be made without advertising. Pur- chases in amounts not exceeding five hundred dollars under any one contract may also be made, with the written approval of the Comptroller, without advertising, after securing com- petitive bids, but there shall be no division of requisitions or contracts for the purpose of securing this privilege. The Supply Commissioner shall inspect and receipt for all supplies. Supplies shall not be ordered or contracted for by the Supply Division unless the Comptroller shall certify that a fund is appli- cable for payment thereof. Sec. 30. The Supply Commissioner shall have general super- vision of the public printing and publishing and shall see that it is executed as may be provided by ordinance, letting the contract or contracts to the lowest bidder in conformity with the provi- sions of this article so far as they may be applicable. Until other- wise provided by ordinance, and except in condemnation pro- ceedings, all newspaper publishing shall be in at least two daily newspapers, one in the English and one in the German lang- uage. Provision may be made by ordinance for the City doing its own printing and publishing. Charter of the City of St. Louis 41 ARTICLE XVL Board of Estimate and Apportionment. Section 1. There shall be a Board of Estimate and Appor- tionment 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 employe of the Comptroller's office to act as secretary without additional compensation. Sec. 2. 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. Sec. 3. The Board of Estimate and Apportionment shall sub- mit to the Board of Aldermen, at the beginning of its annual session or as soon thereafter as possible, a statement showing the estimated receipts and requirements of each department, board or office for the current fiscal year and a comparative statement of receipts and expenses during the previous year, first however, affording taxpayers an opportunity to be heard thereon as may be provided by ordinance. It shall also annually submit and recommend to the Board of Aldermen a bill appropriating the amounts deemed necessary for the use of each department, board and office for the current fiscal year and a bill establishing the City tax rates for the current year ; provided, that the apjjropriations for payment of salaries and compensation of officers and employes may, in the discretion of the Board of Estimate and Apportionment, be embodied in a separate bill. The Board of Aldermen shall immediately pro- ceed to the consideration of said bills and shall meet from day to day until they are finally acted uixjn. If such tax rates be not established by ordinance on or before the fourth Monday in May of any year, the rates last previously established shall be the rates for the current year. The Board of Aldermen may reduce the amount of any item in such appropriation bill, except amounts fixed by statute or for the payment of principal or interest of the City del)t or for meeting any ordinance obliga- tions, but it may not increase such amount imr insert new items. 42 Charter of the City of St. Louis Sec. 4. All approprialion.s shall be specific and in detail and be segregated according to the functions or kinds of work for which the money is appropriated. Sec. 5. Except in the general appropriation bill and bills providing for the payment of the principal or interest of the pub- lic 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. Sec. 6. 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 Esti- mate and Apportionment be appropriated to any other purpose or purposes. Sec. 7. All unexpended appropriated money, not appro- priated 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. Sec. 8. A fiscal year as mentioned in this Charter shall com- mence 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. ARTICLE XVII. City Bonds. Section 1. Some of the purposes, hereby specifically author- ized, for which bonds of the City may be issued and given, sold, pledged or disposed of on the credit of the City or solely upon the credit of specific property owned by the City or solely upon the credit of income derived from and property used in connec- tion with any public utility owned or operated by the City or upon any two or more of such credits, are the following: For the acquiring of land ; for the purchase, construction, re- construction or extension of water works, public sewers, build- ings for the fire department, bridges and viaducts, subways, tun- Charter of the City of St. Louis 43 nels, railroads, street railroads, terminals, ferries, docks, wharves, warehouses, gas or electric light works, power plants, telephone and telegraph systems, or any other public utility ; for hos- pitals, insane asylums, orphan asylums, poorhouses, indus- trial schools, jails, workhouses, and other charitable, correc- tive and penal institutions; for court houses, and other public buildings, public parks, parkways, boulevards, grounds, squares, river and other public improvements which the City may be authorized or permitted to make; and for paying, refunding or renewing any bonded indebtedness of the City. The foregoing enumeration shall not be construed to limit any general provisions of this Charter authorizing the City to bor- row money, or issue and dispose of bonds, and such general pro- visions shall be construed according to the lull force and effect of their language as if no specific purposes had been mentioned ; and the authority to issue bonds for any of the purposes afore- said is cumulative and shall not be construed to impair any authority to make any public improvements under any provisions of this Charter or of any law. Sec. 2. Bonds may be so issued as to be payable serially or subject to call. Sec. 3. No bonds of the City, except bonds for paying, refund- ing or renewing bonded indebtedness, and except bonds payable only from proceeds of special assessments for local improvements, shall be issued without the assent of two-thirds of the voters of the City voting at an election to be held for that purpose. All forms, proceedings and other matters with respect to any such election and the amounts, purposes, issue and disposition of bonds may be prescribed by ordinance recommended by the Board of Estimate and Apportionment. It shall not be necessary in the ordinance calling the election, in the notice of election, in the question submitted, or on the bal- lot, or in any of the matters preceding the said election, to state the amount of bonds proposed to be issued for each purpose, but it shall be sufficient if tlie ordinance and notice of election state the total amount of the bonds proposed to be voted upon at the said election and in general language the purpose or purposes for which such total amount of bonds is to be issued, and if two- thirds of the voters of the City voting at such election assent 44 Charter of the City of St. Louis to the issuance of such amount of bonds, then such amount may be issued and such bonds or the proceeds thereof may from time to time, by ordinance recommended by the Board of Esti- mate and Apportionment, be appropriated in any amount or amounts to the purpose or purposes for which such total amount was voted. Sec. 4. The Board of Aldermen shall annually levy a tax which will yield not less than one million two hundred thousand dollars to be used exclusively for the payment of the bonded indebtedness of the City existing on the seventh day of April, 1890, and re- newals thereof and interest thereon. That portion of each such annual tax levy not required for the payment of the interest ma- turing during the year on said bonded indebtedness and renew- als, shall be credited to and shall constitute a sinking fund to be used exclusively for the payment of said bonded indebted- ness and renewals. Such levy need not be made except for such interest after the amount in such sinking fund is sufficient to pay all such bonded indebtedness and renewals at maturity. The Board of Aldermen shall annually levy taxes sufficient to meet the sinking fund and interest requirements of each bond issue. Sec. 5. In addition to the foregoing, until there is a sufficient sum in a sinking fund or funds to pay the "St. Louis Water Bonds" and renewals thereof and applicable thereto, the whole net income from the water works in excess of what may be necessary for (1) the ordinary construction, reconstruction, extension, oper- ation and repair of the water works and facilities, (2) the inter- est on said water bonds, and (3) the running expenses of the water division, shall be credited to, and with the sinking funds heretofore created therefor constitute, a sinking fund to be used exclusively for the payment of said "St. Louis Water Bonds" and renewals. Sec. 6. The Board of Estimate and Apportionment sliall ad- minister all sinking funds and in the course thereof may pur- chase with any sinking fund, as an investment therefor, bonds of the City, State or United States, preferably City bonds, and may provide for the payment of maturing bonds out of the sink- ing fund created therefor, and to that end sell bonds held in such sinking fund; provided, that all bonds purchased with the particular sinking fund created therefor shall not be regarded Charter of the City of St. Louis 45 as an investment or be reissued, but shall be canceled. Bonds forming part of any sinking fund and not required to be can- celed shall be deposited in a safe deposit vault in the City to which access can be had only by at least two members of the Board of Estimate and Apportionment jointly, one of whom shall be the Comptroller. All interest earned on investments or deposits belonging to any sinking fund shall belong to such fund. Whenever the amount in any sinking fund exceeds an amount sufficient to pay all the bonds for which such fund is created, the Board of Estimate and Apportionment may transfer the excess to other sinking funds. Sec. 7. All warrants for the payment of bonded indebtedness or for disbursements out of any sinking fund shall be approved bv the Mavor and President of the Board of Aldermen. ARTICLE XVIIL Efficiency Board. Section 1. J here is hereby established an i\fficicncy Board, consisting of three members who shall be appointed by the Mayor for terms of one, two and three years respectively. Each year thereafter the Mayor shall appoint one member to serve for three years and until his successor shall qualify. No more than two members shall be adherents of the same political party, and no person holding any salaried public office shall be eligible to appointment as a member. Sec. 2. The Board shall designate one of its meml)crs as chairman, shall appoint a secretary and may appoint such other officers and employes as may be necessary. The sal- ary of the secretary and other officers and employes shall be fixed by the Board. Sec. 3. The service of the City is hereby divided into the unclassified (not subject to the examination herein provided) and the classified service. (1) The unclassified service shall include: (a) All officers elected by the peoi)le ; (b) All heads of departments, offices and divisions; 46 Charter of the City of St. Louis (c) The members of all boards appointed by the Mayor, or serving without compensation, however ap- pointed ; (d) One secretary, deputy or assistant and one stenog- rapher for each officer or Board in the unclassi- fied service, who are or may be provided by ordi- nance with such subordinates; (e) All officers of the Board of Aldermen; (f) Surgeons, physicians or other experts serving in a consulting or other capacity without compensa- tion. (g) In addition to the above, on the unanimous vote of the Board, there may be included in the unclas- sified service such other offices or positions re- quiring exceptional scientific, mechanical, profes- sional or educational qualifications as may be ordered by rule of the Board. (2) The classified service shall comprise all not specifically included by this Charter in the unclassified service. Sec. 4. The Board shall prescribe, amend and enforce rules for the classified service, shall keep minutes of its proceed- ings and records of its examinations, and shall make investi- gations concerning the enforcement and effect of these efifi- ciency provisions and of the rules thereunder. It shall make an annual report to the Mayor. The rules shall provide among other things : (a) For the classification and standardization of all positions in the classified service. (b) For open competitive examinations and tests, with pub- lic notice thereof, to test the relative fitness of applicants for positions in the classified seivice and for reasonable regula- tions concerning promotion, w^hich shall include the recogni- tion of efficient prior service. (c) For the rejection of candidate:^ who fail to comply with reasonable requirements as to age, residence, sex, phy.sical condition and moral character. (d) For the certification, as occasion may require, to the appointing authority, from the appropriate eligible list (com- Charter of the City of St. Lou is 47 posed of the names of successful applicants in the order of their standing- in examinations or tests) of the three persons standing- highest on such list, or of the person or persons on such list when it contains three names or less. (e) For temporary employment for not exceeding sixty days, without examination, in the absence of an eligible list. Cf) For transfer from a position to a similar position in the same class and grade, and for reinstatement on the eligible list of persons who, without fault or delinquency on their part, are separated from the service or reduced in rank. (g) For the appointment of unskilled laborers in the prior- ity of application after such tests of fitness as the Board may prescribe. (h) For investigating and keeping a record of the efficiency of officers and employes in the classified service, and for re- quiring reports relative thereto from appointing officers. (i) For the publication of the rules of the Board. Sec. 5. The Board shall maintain a list of all persons in the City service, showing in connection with each name the posi- tion held, the date and character of appointment, and of every subsequent change in status. Each appointing officer shall promptly transmit to the Board all information required by it for the establishment and maintenance of said list. Sec. 6. -Ml examinations shall be practical and impartial and relate solely to matters .which will reasonably test, in a practical way, the ability of the persons examined to perform the duties of the position for which appointment is sought. The Board may call on other persons to fratrie questions and conduct any examinations or tests and report the result thereof to it. Sec. 7. The appointing officer may suspend or discharge or reduce in rank or compensation any officer or employe under him, with or without cause, except as in this Charter is other- wise provided. Should the officer or employe thus aflfected request it, the employing officer shall furnish him with a writ- ten statement of the reason or reasons therefor, and file a copy thereof with the Efficiency Board. 48 CiiAin'KK <)!■ Tiiiv City oi' St. Louis Sec. 8. No appointment or promotion in the classified serv- ice shall be made except from names certified I)y the Board as herein provided, or as herein provided for temporary service. Sec. 9. All persons in the City service holding positions in the classified service, as established by this article, at the time this Charter takes efifect, shall be entitled to retain their posi- tion until discharged, reduced, promoted or transferred in ac- cordance with the provisions of this Charter. Employes of any public utility which may at any time in the future be taken over by the City, who are in the service of said utility at the time of such acquisition, shall come under the provi- sions of this efficiency system without examination, but va- cancies thereafter occurring in said public utility service shall be filled as herein provided. Sec. 10. It shall be unlawful for the treasurer or other pub- lic disbursing officer to pay any salary or compensation for service to any person holding a position in the classified serv- ice unless such person is holding such position in conformity with the provisions of this article. Sec. 11. In any investigation conducted by the Board it shall have the power to subpoena witnesses and order the pro- duction of books and papers pertinent to the investigation and to administer oaths. Sec. 12. No person in the classified service or seeking ad- mission thereto shall be appointed, reduced, suspended, dis- charged or in any way favored or discriminated against be- cause of his political or religious opinions or affiliations. Sec. 13. Any person who shall wilfully, by himself or in co-operation with any other person or persons, defeat, de- ceive or obstruct any person in respect of his right of examina- tion according to any of the rules prescribed by the Efficiency Board under this Article, or who shall wilfully and falsely mark, grade, estimate or report upon the examination or prop- er standing of any person examined hereunder or aid in so doing, or who shall wilfully make any false representations concerning the same or concerning the person examined, or who shall wilfully furnish to any person any secret informa- Charter of the City of St. Louis 49 tion for the purpose of either improving or injuring the pros- pects or chances of any person so examined, or to be examined, being appointed, employed or promoted, or who shall solicit directly or indirectly any assessment or contribution for any political party from any person in the classified service, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by imprisonment for not more than one hundred days, or by both such fine and imprisonment. ARTICLE XIX. Franchises, Section L All grants or renewals of franchises shall be sub- ject to the right to amend, alter or repeal the same in whole or in part, and to forfeit the same at any time for misuse or nonuse ; and subject always to the City's power of taxation and its authority to regulate rates, quality of use, service and products, and methods of conduct and operation; subject also to the right of the City at the end of ten years after the beginning of opera- tion and at the end of every five year period thereafter, at its option to be exercised by ordinance, to acquire the plant and property used in the operation of the franchise, upon terms and conditions to be ascertained in the manner provided in the grant- ing or renewing ordinance, but in no event is the franchise itself to enter as an element into such compensation. Upon such ac- quisition the franchise shall cease. Every such grant shall cease unless construction thereunder is begun within the time speci- fied in the ordinance and completed with reasonable speed, and no grant shall be exclusive or for a longer term than fifty years. Any ordinance granting ov renewing a franchise may also provide for regulating, from time t(^ time, the amount of capitalization, in- debtedness and expendituri's of the grantee or assignee in operat- ing thereunder. Such ordinance may also provide that the franchise shall be sold at public sale, and nothing in any sucii ordinance shall prevent the City from acquiring the property of any such utility by condenniation ]jroceeflings or in any other lawful way subject to the limitation of time herein provided. Every grantee of a franchise for any public utility shall kecji 50 Charter of the City of St. Louis such reports of its finances and operations as may be prescribed by ordinance, and the City may, at any time, examine its rec- ords and accounts. No ordinance granting or renewing a fran- chise shall be adopted until a report thereon in the form in which it is put upon Its adoption has been made to the Board of Alder- men by the Board of Public Service with its recommendations as to the action that should be had thereon, nor until the bill and the j-eport of the Board of Public Service, or a fair sum- mary thereof, shall have been published as provided by ordi- nance. No franchise shall be assignable except with the City's approval expressed by ordinance. Sec. 2. The Board of Aldermen shall at all times have full })Ower, to be exercised by ordinance, over all public utilities now or hereafter existing in the City, and may regulate the charges for the use, service or product thereof and establish whatever requirements may be necessary to secure efficient use, service or products, and no terms or conditions contained in any grant shall limit or impair this power. Sec. 3. The Board of Aldermen shall, in the granting or renewal of any franchise as herein provided, prescribe or pro- vide for the character of construction and equipment, the kind and quality of use, service or product to be furnished ; the rate to be charged therefor ; manner in which the streets, public grounds, or other public property shall be used or occupied; and any other terms and conditions in the interest of the public, including, among others, provision for compensation to the City for the use of such streets, public grounds or property, based on a share in the gross or net receipts, or on the number of passengers trans- ported, or number of cars owned or operated, or on any one or more of such bases, or on any other basis or bases. Sec. 4. Street railroad companies shall keep the street between the rails and between the tracks and to the extent of at least twelve inches outside of each rail in perfect repair, and as nearly on a level with such rails as practicable, and that por- tion outside the rails shall be of the same material as the street itself or such other material as may be approved by the Board of Public Service, and give such bond or other security for compliance with the provisions of this section as may be provided by ordinance. Charter of the City of St. Loufs 51 vSec. 5. Any street railroad company shall have the right to run its cars over the track of any other street railroarl company in whole or in part, upon the payment of just compensation for the use thereof, under such rules and regulations as may be pro- vided by ordinance. ARTICLE XX. License Taxes. License taxes may be imposed by ordinance upon mer- chants, commission merchants, manufacturers, professions, auctioneers, hotels, restaurants, assembly buildings, halls and gardens, theaters, moving pictures, exhibitions, circuses, slot machines, dance halls, billiard and pool rooms, museums, shooting galleries, bowling alleys, retailers of beer, wine gar- dens, beer gardens, saloons, dramshops, brewers, distillers, agents, real estate agents, mercantile agents, second-hand deal- ers, junk dealers, junk peddlers, photographers, contractors, insurance companies, telephone companies, telegraph compa- nies, steam railroad companies, electric and all other kinds of railroad companies, gas companies, electric companies, cold- storage companies, pipe lines, public utilities, pipes, poles, wires or conduits of public utility companies, livery stables, sales stables, public garages, aerial transportation vehicles, public vehicles, private vehicles, bicycles, street raihvav cars, public automobiles. [)ri\atc automobiles, automobile dealers, ferry and other boats, peddlers, hawkers, hucksters, billboards, publishers, newspapers, railroad ticket brokers, pawnbrokers and those engaged in loaning money, lenders on chattel mort- gages, intelligence offices, agencies, rectifiers, undertakers, laundries, dye houses, dry cleaners, engravers, bankers and banking corporation.s, safe deposit establishments, trust com- panies, bonding companies, brokers, bond and stock brokers, express companies, transfer companies, towel supply compa- nies, trading stamp companies, slaughter houses, storage houses and barber shops ; and a separate license tax may be imposed for each place of business conducted or maintained by the same person, firm or corporation. 52 Charter oi<" thk City or St. Louis The foregoing ciuinicration shall not be taken to affect or impair the general power of the City to impose license taxes upon any business, vocation, pursuit or calling or any class or classes thereof now or hereafter not prohibited by law. ARTICLE XXL Condemnation. Section I. Condemnation of or damage to private property, real or personal, or any easement or use therein, for public use, shall be effected as herein provided and as may be fur- ther provided by ordinance not inconsistent with this Char- ter. Upon the Board of Aldermen providing by ordinance, recommended by the Board of Public Service, (1) for the appropriation of any private property or any easement or use therein for any public use, or (2) for any public improvement or work wdiich will damage private property, the City Coun- selor, in the name of the City, shall apply promptly, and in no event later than six months after such ordinance is effect- ive, to the Circuit Court of the Eighth Judicial Circuit, or to any judge thereof in vacation, by petition setting forth the general nature of the public use for which the property is to be appropriated or damaged, a description of the property and the estate or interest therein in each instance which the City seeks to appropriate or damage, and praying the appointment of three disinterested commissioners to assess damages and benefits as hereinafter provided, to which petition the owners shall be made defendants by name, if known, and if unknown, by describing their claims and interests in such property and how derived by them. If the action affects the property of persons under guardianship, the guardians shall be made de- fendants; if the property of married women, their husbands shall be made defendants ; if an estate or interest less than a fee, the persons having the next vested estate in remainder or reversion shall be made defendants or their interests will not be bound ; but only persons in actual possession of and claiming title or who have record title appearing upon the proper rec- ords of the City to property affected, need be made defend- ants. Notice of the filing of the petition, describing the prop- erty to be taken or damaged, shall be filed and recorded in Charter of the City of St. Louis 53 the ofiTice of the Recorder of Deeds, otherwise purchasers of such property shall not be bound by the jiroceedins^s under the petition. Sec. 2. Upon the llliiig of the petition, summons shall be issued, giving the defendants at least ten days' notice of the hearing on the petition ; and the City Marshal shall serve such summons and make return as required by law for service and return of writs of summons. If the name or residence of any owner be unknown, or if any owner does not reside in the State, a notice giving the general nature of the petition, with a description of the property of such unknown or non- resident owners, and the day fixed for the hearing, shall be published once each week for four consecutive weeks, the last publication to be at least ten days before tlie hearing, in the newspaper publishing at the time the notices (jf said court. Sec. 3. The Coilrt, or a judge thereof in vacation, when notice has been given as herein provided, shall appoint three disinterested commissioners, freeholders resident in the City for five years next before their appointment, to assess the dam- ages which the owners may severally sustain by such taking or damaging, and to assess benefits as hereinafter mentioned ; provided, that the court or judge in appointing commissioners shall exclude from their consideration the assessment of all damages for the trial of which a jury has been duly demanded. Any party entitled to and desiring trial by jury of his rights to compensation, shall file in the cause, before the appointment of the commissioners, written demand therefor, including therein a description of his property to be taken or damaged, and failure so to do shall be a waiver of the right of trial by jury. Upon such demand being filed the Court shall award a jury trial and ])roceed therewith as in trials of civil actions; but before final judgment shall be rendered on the verdict of the jury and before the commissioners shall make their report, the Court shall certif}- the verdict of the jury to the commis- sioners and they shall include in their report, with their sep- arate findings, assessments and awards, the damages as as- sessed by the jury, reciting the fact. The claims for dainages of all parties denianding jury trial in any action under this article shall be heard at the same time before one jury. The 54 Charter of the City ov St. Louis commissioners shall assess damages for property appropriated or damaged for the trial of which a jury is not demanded as aforesaid. Sec. 4. It shall be the duty of the commissioners, except as herein otherwise provided, in the condemnation or the dam- aging of property for highways, streets, boulevards, parkways, alleys, wharves, sewers, markets, public squares and parks, or widening or enlarging the same, or in the changing of grade of streets or other public ways or the making of other public work or improvements, to ascertain the value of the property proposed to be taken and the actual damage done to private property, but no allowance shall be made for improvements begun on property after service of summons on or notice by publication to the owner thereof as herein provided ; and the public work, improvement or use contemplated shall not be considered in determining the value of property taken. For the payment of all such damages the commissioners shall as- sess against all the lots or parcels of property or interests therein especially benefited by the proposed public work or improvement, separately, and in the name of the several own- ers thereof, the amount that each such lot or parcel of prop- erty or interest therein so assessed shall be especially bene- fited by the proposed public work or improvement, and against the City the balance of the damages over and above the afore- said special benefits assessed; provided, that in the opening of an alley there shall be assessed against the lots or parcels in the blocks in which the alley is opened benefits sufficient to pay all damages. Sec. 5. The commissioners shall view the property to be taken, damaged or assessed ; fix the benefit or taxing district ; publish in said newspaper for ten days before beginning their assessment a notice of the boundaries of the benefit or taxing dis- trict and of the time and place at which they will assess such dam- ages and benefits ; hear the evidence submitted by the parties interested ; assess the damages and benefits as of the date said ordinance became effective ; and make report, in which at least two commissioners shall concur, of such assessment in writing and under oath to the Circuit Court. In such report the compensation allowed to and the benefits assessed against Charter of the City or St. Louis 55 each owner shall be separately stated. When the commission- ers both assess benefits and allow damages against any one property owner they shall deduct the lesser from the greater. Sec. 6. At any time after the commissioners file their re- port the City may pay into court the amount of damages as- sessed, less benefits, if any, and thereupon it shall be entitled to take possession of or damage the property, assuming the lien of all general taxes not then payable on property actually appropriated. Sec. 7. Within twenty days from the filing of the commis- sioner's report, exceptions in writing thereto may be filed by any party interested, and upon such exceptions the Court shall review the report and may order, on cause shown, a new as- sessment by other commissioners, or make such other orders thereon as justice may require. The Court shall hear and dis- pose of such exceptions with all reasonable speed ; and may itself assess benefits anew. Sec. 8. The Court upon approving the commissioners' re- port shall render final judgment thereon reciting the report and adjudging that the City have and hold the property peti- tioned for, describing the same, for the purposes specified, upon payment of the damages less the benefits assessed in each in- stance; that so much of the report as is a judgment for bene- fits against specific property be a lien on such property for ten years from entry of the judgment, and prior to all other liens thereon ; and that the City recover the respective benefits in excess of damages assessed in each instance against private property with interest from date of judgment and have execu- tion therefor. The Clerk shall forthwith make and deliver a cer- tified copy of such judgment to the Comptroller, who shall record the same in a book kept and conveniently indexed for that pur- pose. The Comptroller may, forthwith, and if no appeal be taken from such final judgment, he shall, at the expiration of the time for such appeal, forward a copy of the judgment to the Board of Aldermen ; and within sixty days after the receipt of such copy, unless an appeal is peiuling, and, in no event later than sixty days after disposition of all appeals, the Roard of Aldermen shall make an appropriation for the payment out of the City Treasury of the damages assessed in favor of each 56 Charter of the City of St. Louis l)arty entitled less his benefits as determined by such final judg- nient, and the City Treasurer, on warrant of the Comptroller, shall cause payment to be made to the several parties entitled or into court for their use, as the case may require. Should the Board of Aldermen fail to make such an appro- priation the judgment for damages shall be collected by the owners concerned as other judgments against the City are col- lected ; and if any part of such assessment of benefits be not paid when due, special execution shall issue on request of the Comptroller against the property charged with the lien, and proceedings thereunder shall conform, as near as may be, to the proceedings under special executions on ordinary judg- ments foreclosing liens on lands. Should any such final judgment be reversed on appeal and a new assessment be ordered, the City or any defendant shall have judgment for any excess due by reason of payment hav- ing been made by such party under a prior final judgment in the cause. Sec. 9. The losing party shall pay the costs caused by litiga- tion subsequent to the filing of the Commissioners' report and the City shall pay all other costs, including the compensation of the Commissioners, which shall be five dollars per day for each Commissioner for not exceeding five days in any one action unless the Court makes an order allowing further time at like compensation. Sec. 10. If the City dismisses any action for condemnation for any reason other than defect in the proceedings, it shall not begin a like action within ten years after such dismissal, unless upon the petition of the owners of three-fifths of the property to be taken or upon condition that the City shall pay all the damages assessed therein. Sec. 11. In establishing, opening and widening boulevards and converting streets into boulevards or parkways, compensa- tion shall be allowed to owners of property abutting thereon for damages occasioned by any limitation that may be put upon the owner's use of such property; and the City may regulate by ordinance the character of trailfic and vehicles that shall be per- mitted on boulevards or parkways, prohibit the erection of any structure on property abutting on a boulevard or parkway out- Charter of the City of St. Louis 57 side a specified building line, and forbid tbe use of any prop- erty so abutting for all or any business purposes. An ordinance establishing a boulevaid or parkway may be repealed, upon recommendation of the Roard of Public Service, and thereupon the boulevard or parkway shall become a street, which, together with the property abutting thereon, shall be free from all restric- tions imposed by the repealed ordinance. Damages and bene- fits resulting from such repeal after the boulevard or parkway has been opened shall be ascertained and paid as herein provided for establishing boulevards or parkways. Sec. 12. When the City takes or damages private property for a public use other than those enumerated in Section 4 of this Article, all damages shall be ascertained as hereinbefore pro- vided and shall be paid by the City. Sec. 13. The vacation of highways, streets, boulevards, parkways, and alleys shall be provided for by ordinance recom- mended by the Board of Public Service, and easements and rights therein shall be condemned and the special damage and benefits caused thereby shall be ascertained and assessed, in the manner, by the proceedings and according to the rules herein- before prescribed as to other appropriating or damaging; pro- vided, that benefits sufficient to pay all damages shall be assessed against the lots or parcels of land abutting the highway, street, boulevard, parkway or alley to be vacated. Sec. 14. Nothing herein shall limit the power of tbe City, by ordinance, recommended by the P.oard of Public Service, to acquire property by private purchase, or to- \acate any high- way, street, boulevard, parkway or alley without proceeding here- under when the owners of all property specially damaged peti- tion therefor and waive all damages. Sec. 15. Ordinances for approi)riating or damaging property for markets, public squares, public parks, and other like public uses and improvements may provide for payment of the special assessments made on lahds specially benefited by such uses and improvements in one installment or in equal annual installments not to exceed seven in number, in which event the judgments shall so recite; such judgments shall bear interest payable annually at the rate of six per centum per annum on any unj)aid part thereof from entry until paid, but any part thereof not paid when 58 Charter of the City of St. Louis due shall thereafter hear interest at the rate of eight per centum per anntun ; and for the purpose of anticipating the collection of such judg'ments the City may issue and sell local improvement bonds, following the procedure, as far as the same is applicable, provided in Article XXTV for bonds issued in anticipation of the collection of special assessments to pay for local improvements ; provided, that the City shall not be liable to pay bonds herein provided for, but the same shall be payable solely out of the collections of the particular judgments. Sec. 16. Whenever it may lavvfull}- be done, the Board of .A.ldermen, in the ordinance providing for the appropriation of private property or any easement or use therein for any high- way, street, boulevard, parkway, park, wharf, bridge, viaduct, subway, tunnel or sewer, or providing for any public work or improvement which will damage or benefit private property, may provide for the appropriation in fee by the city of private prop- erty or any easement or use therein in excess of that actually required for such specific purpose, and in the same or a different ordinance may authorize the sale of such excess for value with or without restrictions. Such excess shall be condemned and compensation therefor ascertained amd rendered in the same proceeding, and in the same manner as near as may be, as the property, easement or use actually needed as aforesaid ; provided, that the value of such excess shall be pai?l for by the City. ARTICLE XXII. Public Work. Section 1. No ordinance for public w^ork or improvements oi any kind, or repairs thereof, shall be adopted, unless prepared and recommended by the Board of Public Service with an estimate of the cost endorsed thereon. Sec. 2. Such ordinances shall authorize the particular work or improvement ; specify the general character and extent there- of, the material to be used therein and in the alternative if desirable; the manner and regulations under which it shall be executed; the term for which it shall be guaranteed, if at all; the fund or source from which payment shall be made ; that it Charter of the City of St. Louis 59 shall be done in accordance with detailed plans and specifications finally adopted and approved by the Board of Public Service before bids are advertised therefor; and shall contain a specific appropriation of an amount sufficient to pay the City's part of the estimated cost; provided that emergency work and re- pairs requiring prompt attention may be done under super- vision of the Board of Public Service as provided by general ordinance. Ordinances may provide for a greater work or improvement than can be paid for nt the time out of an available fund in the City Treasury, in which event they shall provide that the work be let and done in parts as appropriations are made therefor. Sec. 3. Before the Board of Public Service shall recommend an ordinance for any public w^ork or improvement, including the construction or other improvement of any public highway, street, boulevard, parkway, alley, sidewalk, or sewer, or any part there- of, to be paid for by special assessments, the Board of Aldermen, on recommendation of the Board of Public Service, shall estab- lish a benefit or taxing district, and as to a sewer shall establish or shall have established a sewer district or joint-sewer district, against the property in which it is proposed to assess benefits for the payment in whole or in part of the cost and expense of such work or improvement ; and the Board of Public Service shall thereupon designate a day on which it will consider the projected work or improvement and shall give two weeks' public notice in the paper or papers doing the City publi>hing. of the time, place and matter to be considered, and of the estimated cost of the work or improvement, which estimate may cover several classes of ma- terial. Within three days after such hearing is concluded, the Board shall file in its office its decision, stating the class or classes of material and the work or improvement determined upon, if any. If within eighteen days after such decision the owners of the greater area of the latid in such district shall file in the office of the Board of Public Service their written remonstrance against the proposed work f>r improvement, the Board, at its next meet- ing, shall reconsider and either reverse its action or transmit to the Board of Aldermen the ordinance authorizing the proposed work or improvement, together with said remonstrance. 60 CiiAR'jivR oi'" THE City of St. Louis Sec. 4. All ])ul)lic \vf)rk, except emergency work or repairs reqiiirinj^ prompt attention, shall be let by the Board of Public vServicc in pursuance of the ordinance authorizing the same. It shall advertise for bids in the paper or papers doing the City publishing, three times, the last publication to be at least ten days before the day appointed for opening the bids (unless a different time and medium of advertising are prescribed in the ordinance), stating the general nature of the work and the time and place of receiving bids therefor. Bids submitted shall be sealed and accompanied by a cashier's or treasurer's check of a bank or trust company in the City, payable to the City Treasurer in the amount of the deposit required. Said Board shall let the work by con- tract to the lowest responsible bidder on the plans and speci- fications finally adopted, except as herein otherwise provided, first requiring a bond to be approved by it and the Comptroller. Said Board may reject any or all bids submitted and readvertise the work. Provided, that any ordinance for any public work or improvement to be paid for by special assessment or otherwise may authorize the Board of Public Service to do the same in a manner prescribed in such ordinance without letting a con- tract therefor. Sec. 5. All contracts shall recite that they are subject to the Charter and that payments thereon of the City's portion shall be limited to the amount of the particular appropriation. Sec. 6. All contracts for the construction of sewers shall provide that owners of property, with approval of the Direc- tor of Streets and Sewers, may make a connection during con- struction with the sewer or any temporary drain made by the contractor, payment to be made to him for such connection equal to the extra cost caused to him thereby. Sec. 7. The Board of Public Service shall investigate writ- ten complaints that any public work or improvement is not being done according to contract and if well founded the Board shall immediately require the contractor to comply with the contract and pay the costs of such investigation. Sec. 8. The Board of Public Service may let contracts for ihe grading and for the improvement of any public highway, street, boulevard, parkway, alley or sidewalk or portions thereof, separately, in which event the City may either im- Charter of the City of St. Louis 61 pose one special assessment to pay for the grading and another to pay for tlie improvement, or it may pay the cost of the grading and add the same to the cost of such improvement and include the cost of both the grading and improvement in one special assessment, the contractor reimbursing the City for the grading. Sec. 9. If any property in a benefit or assessment district other than public highways, is not liable to any special assess- ment herein provided for, the City shall pay the part of the cost of the work or improvement which would otherwise have been assessed against such property. Sec. 10. Ordinances for grading, regrading, preparing road- bed, placing foundation, building of superstructure, including curb, gutters, roadway, paving and cross-walks, and intersec- tions of public highways streets, boulevards and parkways, or for reconstruction of any such work, shall provide for payment therefor bv special assessment, as follows : one- third of the entire cost shall be levied and assessed against the lots or parcels of ground abutting on the work or improvement ratably by lineal feet so abutting, and the remainder of the cost shall be levied and assessed ratably by area against all the lof; or parcels of ground within the benefit or taxing district, ex- clusive of public highways. The improvement of thirty feet of any wharf farthest from the stream may be paid for in like manner or at the City's expense. Sec. 11. Ordinances for grading, regrading, preparing road- bed, ])lacing foundations, and building of superstructure of all alleys, and all reconstruction and repairs thereof, including in- tersections of alleys and the crossing of sidewalks in the con- tinuation of alleys, shall provide for payment therefor by special assessment as follows: one-third of the entire cost shall be levied and assessed against the lots or parcels of ground abutting on the work or improvement ratably by lineal feet so abutting, and the remainder of the cost shall be levied and as- sessed ratably by area against all the lots or parcels of ground abutting such alleys or having access thereto. Sec. 12. Ordinances for the grading and preparing for and placing the superstructure, of sidewalks, or for the regrading and reconstruction thereof, with necessary intersections, shall 62 Charter of Ti-ig City of St. Louis provide for payment tlierefor l)y special assessment levied and assessed against the property abutting thereon; provided that ordinances for grading or regrading of streets and boulevards may include as a part thereof the grading and regrading of the sidewalks thereon. Sec. 13. At least one-fourth of the cost of reconstruction of any public highway, street, boulevard, parkway, sidewalk or alley done within ten years after the same has been fully paved shall be paid by the City. Sec. 14. There shall be four classes of sewers, viz: Public, District, Joint-District and Private Sewers, as hereinafter de- fined, but otherwise without regard to the area drained, the size, character or purpose of the sewer. Public sewers are those which have been or may be con- structed or acquired and paid for wholly out of general reve- nue. District Sewers are those which have been or may be con- structed or acquired, under authority of ordinance, within the limits of an established sewer district, and paid for by special assessments upon the property in the district. Joint-District Sewers are those which have been or may be constructed or acquired under the authority of ordinances uniting one or more districts and unorganized territory, or uniting districts or unorganized territory, into a joint sewer district, for the purpose of providing main, outlet, or inter- cepting sewers, for the benefit of such joint sewer district, and paid for by special assessment upon the property in such joint sewer district. Private Sewers are those paid for by private parties con- structing the same. Sec. 15. All public, district and joint-district sewers shall be constructed along streets, alleys and other public ways whenever practicable; and no such sewer shall be built or acquired by the City except it be on a public way or a right- of-way owned by the City. Such sewers may be connected with any other sewer of any class or with a natural course of drainage. Sec. 16. All ordinances for constructing, reconstructing or acquiring district and joint-district sewers shall provide for payment thereof by special assessment as follows: the en- ___^ Charter of the City of St. Louis 63 tire cost and expense shall he levied and assessed as a special tax ratahly hy area on all the lots or parcels of ground with- in the district or joint district, excluding jmblic highways only. Ordinances creating a joint-sewer district may provide for the construction of the sewer or sewers therein in one or more sections and for the levy and assessment of the cost of any section upon the completion thereof as a special tax in the manner herein provided. If any district or joint-district sewer shall drain territory lying outside the City limits anrder at maturity. The form and denomination of such bonds ; the date of maturity or maturities thereof not to exceed eleven years in any instance; the rate of interest thereon and date and place of its payment; the price at which they shall be sold, if to be sold; by what officers and in what manner they shall be exe- cuted and attested ; and the place and method of payment, save only the fund out of which payment shall be made, to- t^ether with other provisions and regulations concerning such bonds and not inconsistent herewith, shall be prescribed by the ordinance authorizing the particular issue. Sec. 2. The Board of Aldermen, by ordinance recom- mended by the Board of Public Service, may appropriate out of the general revenue sufficient money to pay, or to provide a fund in advance to pay, such part of any improvement bond issue as the proceeds of special assessments securing same may prove insufficient to pay as they become due, not exceeding ten per centum of the amount of such bond issue, and provide for reimbursement, if possible, out of the proceeds of such special assessments after all such bonds and interest have l.een fully paid. Sec. 3. The Board of Aldermen may, by ordinance recom- mended by the Board of Public Service, provide for the crea- tion of a local improvement fund out of which the City shall pay in cash, to contractors or otherwise, the cost and expense of local improvements, and for the levy, assessment and col- lection of special assessments to cover such costs and ex- ])enses, the proceeds of which assessments shall be paid into such fund or funds. Sec. 4. For the purpose of anticipating the levy and col- lection of any special assessment for any public work or im- provement, the Board of Aldermen may, by ordinance recom- mended by the Board of Public Service, appropriate a fund to pay for the work or improvement as it progresses, and re- imburse the City either by the. issue and sale of local im- provement bonds as in this Article provided, or by the collec- tion of such special assessments. 70 Charter of the City of St. Louis Sec. 5. All special assessments contemplated by this Ar- ticle shall be evidenced by special tax bills in accordance with the provisions of Article XXIII, so far as applicable, such bills to be made payable to the City, which shall be deemed the owner thereof, at the office of the Collector, to whom the Comptroller shall deliver the same and take his receipts therefor. The .Marshal shall serve the notice of the issuance of such bills and make return of such service without re- ceiving- any fees therefor. ARTICLE XXV. General and Miscellaneous. Section 1, 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 Apportion- ment, 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. Sec. 2. The raw material and finished products of manu- facturers in the City, as well as all the 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. Sec. 3. The Board of Aldermen may provide by ordinance for assessing- against the abutting property the cost of plant- ing shade trees and of removing from sidewalks accumula- tions of snow, ice and earth and for assessing against prop- erty the cost of cutting and removing therefrom noxious weeds and rubbish. Sec. 4. 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 ap- proved by the Mayor. All official bonds shall, among other Charter of the City of St. Louis 71 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 by any person or persons in the name of the City, for the use of such person or persons. Sec. 5. If at any time it appears to the Mayor or Comp- troller that the surety or sureties on any official bond are in- sufficient, he shall require the officer or employe to give addi- tional bond and if such officer or employe fails to give such additional bond within ten days after he shall have been noti- fied, his office shall be vacant. Sec. 6. A contingent fund sliall be provided l)y 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. Sec. 7. Any reference in this Charter to tiie Board of Election Commissioners shall be taken to include any Board or person having charge of elections in the City. Sec. 8. The City in taking an appeal in any judicial pro- ceeding shall give bond as required by law, but need not fur- nish security therefor. Sec. 9. 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. Ci.intracts not made by the Com])lrollcr shall be countersigned l;y him, and all con- tracts shall be hied and registered by number, date and con- tents with the Register. Sec. 10. All books, records and papers in any department, office, or division shall be oi)en to the Mayor, Comptroller or any committee of the Board of Aldermen. Sec. 11. 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 perforniatice of hi'^ duties. Such bond may 72 Charter of the City of St. Louis be sued upon by any person injured by the official acts f>{ such surveyor. Sec. 12. All publications not otherwise herein pnwided for shall be published in the paper or papers having the con- tract to do the City publishing at the time. Sec. 13. 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 provision shall be made by ordinance for punishing failure to obey any such subpoena or order. Sec. 14. 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 prevail- ing rate of wages shall be paid. Sec. 15. 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 IMayor, Register, Marshal, City Court Judges and Clerk of the City Courts. Sec. 16. Unless the context indicates a different intent and except when referring to a person holding an office or employ- ment 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. Sec. 17. 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 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 ordi- nance consistent with the provisions of this Charter. SCHEDULE Section 1. All ordinances or parts thereof in force when this Charter takes eflfect and not inconsistent therewith shall continue in force until amended or repealed ; and all rights, actions, prosecutions and contracts of the City, or for its Cha rter of the City or St. Louis 72> benefit, all recogriizances, bonds, oblic^ations and instruments entered into or executed to the City, all fines, taxes, penalties and forfeitures due or owing to the City, and all writs, i)rose- cutions, actions and causes of action, shall be valid and con- tinue unaflFected by this Charter taking effect. Sec. 2. All ordinances authorizing or contemplating the appropriation or damaging of private property for public use or authorizing public work or improvements in force when this Charter takes eflfect, and all things done thereunder, shall remain valid, and subsequent proceedings thereunder, includ- ing those in pending condemnation proceedings, shall be con- ducted as nearly as practicable in accordance with the provi- sions of this Charter. Sec. 3. Any assessment for taxation commenced before this Charter takes effect shall be availed of and completed by the assessor and his deputies under this Charter, and the same and any taxes based thereon shall be valid notwithstanding any change eflfected by this Charter. Sec. 4. Ordinances, or parts there* »f, not inconsistent with this Charter, referring to any present body, board, officer or employe, shall be construed to refer to the body, board, officer or employe having the same or similar powers or duties under this Charter or ordinances consistent therewith. Sec. 5. Ordinances authorizing a fine or punishment greater than is permitted by this Charter shall continue valid so far as to authorize a fine or punishment not exceeding the limitations of this Charter. Sec. 6. \\'henever any ai)i)roval, order or action l)v any board or officer, discontinued l)y this Charter, is required by any law or present ordinance as a condition precedent to any payment, commitment to any institution or other action by any city officer, it shall ])e sufficient to obtain such approval, order or action from the body, board or officer having tlie same or similar power in the premises under tliis Charter, and if there be no such board or officer, such apprmal, order or action may be secincm the mayor until otiiorwise pro- vided bv ordinance. 74 Charter of the City of St. Louis vSec. 7. It shall he the duty of all hoards, commissions and ofticers whose powers or duties are vested in others hy this Charter, to turn over all hooks, records, pro])crty and funds to such others, and if any hoard, commission or ofifice be abol- ished without the duties thereof being vested in others the incumbents thereof shall turn over all books, records, property and funds to the Comptroller. Sec. 8. The present Municipal Assembly, with its present officers or such as the respective houses may lawfully choose under the present Charter, shall continue until the first .Mon- day in April, 1915, with all the powders and duties given to the Board of Aldermen by this Charter, and subject to its provi- sions ; and until said date the provisions of the present Char- ter with regard to the filling of vacancies in the office of Mayor or the temporary performance of the duties of the Mayor shall remain in force. Sec. 9. All terms of office of present officers and employes, except those terms expressly saved or continued by this Char- ter, are abolished. Sec. 10. The present city officers mentioned in this section shall hold office under this Charter and subject to its provi- sions, as follows : the present Mayor, Comptroller and City Counselor shall hold the like offices ; the present Police Justices and District Assessors shall hold office as City Court Judges and Deputy Assessors, respectively; the present Street, Sewer, Water, Park, Health and Hospital Commissioners, Commis- sioner of Supplies and Commissioner of Public Buildings and Chief of Fire Department, shall hold office, respectively, as heads of the appropriate divisions created by this Charter; the present President of the Board of Assessors. President of the Board of Public Improvements and Inspector of Weights and Measures shall hold office as Assessor, President of the Board of Public Service and Commissioner of Weights and Measures, respectively ; and all other present incumbents of elective offices made appointive shall hold such appointive offices. Each such present city officer shall continue in the office above provided for him to hold until the end of the term for which he was elected or appointed and until his successor Charter of the City of St. Louis 75 qualifies, with all the powers and duties given by this Charter to such office. Sec. 11. The present jailer and all superintendents of insti- tutions and the superintendent of fire and police telegraph, shall continue in office subordinate to the head of the appro- priate division and subject to the provisions of this Charter. Sec. 12. The present City Surveyors shall continue in office until the end of the terms for which they were respectively appointed. Sec. 13. The office of City Auditor, as it at present exists, is abolished, but the present City Auditor shall continue in office until the end of the term for which he was elected. In the meantime he and the deputies and clerks under him shall be part of the Comptroller's office and under the control of the Comptroller. Sec. 14. The City Attorneys' offices as such are abolished, but until the Law Department is organized in accordance with this Charter the City Counselor's office and the City Attorneys' offices shall constitute the Law Department and be under the control of the City Counselor. Sec. 15. All persons now occupying positions which are created solely by ordinance not inconsistent with this Charter and which are not exempted from the efficiency provisions of this Charter, including those mentioned in Sec. 9 of Article XVIII, and all persons occupying positions which are so cre- ated and which are exempted from said efficiency provisions by subdivisions d and f of Sec. 3 of Article XVIII, shall con- tinue in such positions, each in the appropriate branch of the city government and subordinate to the proper head officer. Where transfers of duties are effected by this Charter the Mayor may transfer any of said officers and employes to con- form thereto. Tenure of office or employment under this sec- tion shall be subject to this Charter and the ordinances of tiie City. Sec. 16. All present boards, commissions and officers cre- ated by Charter or ordinance and not provided for or author- ized or expressly continued by this Charter, arc hereby abol- ished, iave only the City Plan Commission, Board of Engl- 76 Charter oi' the City of St. Louis neers and Board of Examiners of Plumbers, which said com- mission and boards until abolished by ordinance shall here- after be appointed by and under the control of the Board of Public Service. Sec. 17. The Mayor may, and on the written advice of the City Counselor shall, require any renewal or substitution of the official bond or security of any present officer or employe as a condition precedent to such officer or employe continuing in office; and any officer or employe failing to comply with any such requirement within fifteen days after being notified thereof shall thereby forfeit his office. It shall be the duty of the City Counselor forthwith on this Charter being adopted to examine all official bonds and securities and advise the Mayor whether on account of any changes effected by this Charter it will be necessary to require such bond or security to be renewed or substituted. Sec. 18. Every present city officer or employe who, if ap- pointed or elected, would be required by this Charter to take an official oath, shall take, subscribe and file such oath as pro- vided in this Charter. INDEX (The Numbers Refer to Pages.) Pat;p Abatement, see Xiiisances 29 Accounts Of Public Utilities 28 Special Audits 18 Payment of Claims 34 Warrants issued by Comptroller 33 Alleys, see Streets. Amusements and Entertainments Supervision of 30 Advertisements for supplies 40 Aldermen, see Board of Aldermen Amendments to Charter by Initiative 12-13 Appointments 19 See Mayor 17 Appropriations Board of Estimate and .Apportionment 41 Assessment Bonds 68 Interest on '68 For local improvements 69 Assessments, Special Streets 61 Sewers 62 Sidewalks 61 Parkways 61 Method of assessing 61 Preliminary resolution 59 When payable 65 On lands not subject to assessment 61 City's portion of cost 61-62 Division into installments 65 Supplementary assessments and rebates 64 Removing snow and ice 70 Assessor 35 Appointed by Mayor 19 Qualifications 35 Salary 35 Oath 35 Bond 35 Deputies 35 -Appoints Peputy .Assessors 35 Board of Equalization ^ Audit of City Records 18 Auditor 75 Ballots In recall cl^tions 7 In initiative' and referendum elections 14 Board of Aldermen Clerk — Duties in Initiative petitions 13 Referendum petitions .,. 1 5 Qualifications 7 ii INDEX Page Salary 8 Numl)er 7 Elected when 4 To fix salaries .' 20 Ward election when Constitution permits 4 May establish divisions 70 Wards — Division into and redivision 4 Vacancies — How filled 8 • Meetings to be public 9 Rules and Journal 8 President 8 Vice-President 8 Clerk and other employes 8 Judge of qualifications of members 8 Ordinance enactment 9 Emergency measures 11 Appropriation ordinances 12 Certify ordinance establishing tax rates 41 Committee report 9 Divide city into judicial districts 24 Ineligible to other office during term 21 Limitation on appropriations 12 Action on budget 41 Investigation by ^ 8 Ordinances filed ; 11 Action on initiative petitions 13 Action on referendum petitions , 15 Subject to recall 5 Term 4 Change of residence 8 Forfeiture of office - 8 Expulsion 8 Board of Estimate and Apportionment 41 Budget submitted to Board of Aldermen 41 Hearing to citizens 41 Action by Board of Aldermen.. 41 Unexpended balances 42 May recommend transfer of funds 42 Board of Parole and Probation 33 Board of Standardization 39 Board of Public Service 25 President 27 Streets and Sewers 28 Public Utilities 21 Public Welfare 29 Public Safety 31 Rules and regulations 25 Transfer of employes .- 27 Board of Children's Guardians ZZ Board of Election Commissioners : 71 Board of Equalization 36 Meets ...: : - 37 Qualifications - - 36 Compensation „ „„.,.,,„..,..„„,............,......, ,„„.;:««... 36 INDEX iii Page Bonds Of city officials 20 / Kept by Register 22 Premiums paid by city _ 20 Authority to issue 42 Purposes for which city may issue 42 Based on public utilities 42 Local improvements 68 Books, open to inspection 71 Bridges, under street division 28 Budget, see Board of Estimate and Apportionment. Building and Inspection Commissioner of 32 Correction Commissioner of 31 Chief of Police 31 City Art Museum 33 City Counselor, see Law Department 23 City Marshal 23 City Courts 24 Claims against city, payment of 34 City (present) employes not subject to efficiency provisions 48 Civil Service, see Efficiency Board. Clerk of Board of Aldermen, see Board of Aldermen. Collector 38 Appointed by Mayor 19 Qualifications 3S. Salary 3S Bond 38 Comptroller Qualifications 33 Term 4 Forfeiture of office 33 Member Board of Estimate and Apportionment 41 Member Board of Standardization 39 Bond 33 Salary 33 Appoints deputies 33 Rights in Board of Aldermen 34 Transfer employes 34 Approves bonds 70 Supervision of department of finance. 33 Complaint Board 33 Condemnation 52 Commissioners appointed by court 53 Notice to be served S3 Exceptions 55 Waive trial by jury 53 Ordinances appropriating damages 55 Contracts 71 Officers and employes not interested in 21 Signed by _.« 71 Certification of Comptroller required 71 Mayor shall see contracts are performed 17 Public improvements by contract or direct labor _... 6( iv 1 N D K X PaRC Damages, Assossniont of in condemiiHtinn 54 Departments Streets and Sewers 28 Public Utilities 27 Public Welfare 29 Public Safety 29 Finance 33 Law 23 Divisions (see Health, Hospitals, Parks and Recreation, Correc- tion, Research and Publicity, Legal Aid, Municipal Lodg- ing House, Employment, Police, Excise, Fire and Fire Preven- tion, Weights and Measures, Building and Inspection.) May be changed by Board of Aldermen 70 Directors Streets and Sewers 28 Public Utilities 27 Public Welfare 29 Public Safety 31 Salaries fixed by Board of Aldermen 20 Eight-hour day 72 Elections When 4 Notice of 5 To be provided for by Board of Aldermen when statutes permit 5 Regular 4 Special, provision for by Election Commissioners 5 Recall 7 Initiative 13 Referendum 16 Bonds 43 Election commissioners 71 Emergency measures 11 Employment Bureau 31 Epidemics 30 Estimate and Apportionment, see Board of 41 Excise Commissioner 31 Examinations by Efficiency Board 46-47 Expenditures Pursuant to appropriation by Board of Aldermen 12 Supervision by Board of Estimate and Apportionment 12 Efficiency Board 45 Appointed by Mayor 45 Qualifications 45 Vacancies therein 45 Rules and regulations of 46 Choose own employes and fix their salaries 45 Eligible list 46 Temporary employment 47 Classification of service 46 Unskilled Labor 47 Examinations 47 Appointments _ 47 Promotions — 48 INDEX V Page Discharge *7 Present city employes not subject to 48 Public utility employes, no examination for 48 Payrolls certified 48 Investigations 48 Political beliefs • 48 Political activity 48 Keep record - 47 Violations and penalties 48 Employes, present city, not subject to efficiency provisions 48 Finance Department Sec Board of Estimate and Apportionment, Comptroller, Assessor, Collector, Treasurer, Supply Commissioner, Bonds. Fire and Police Telegraph 32 Fines 1 1 Fire and Fire Prevention Commissioner of 31 Police powers at fires 32 Fire marshal 32 Fiscal year „ 42 Forester, city 31 Franchises 49 Not to be passed as emergency measure 11 City may take over property 49 Limitation to fifty years 49 Board of Aldermen may impose tax on street railways 5U Not assignable without consent of city 50 No exclusive grant 49 Charges regulated by Board of Aldermen 50 Street railways to keep street in repair 50 Free Employm^t Bureau 31 Grade crossings, power to abolisli 3 Harbors, city may provide and maintain 2 Health Commissioner 29 May abate nuisances - 29 Avoid epidemics -^ 30 Highways, see streets 28 Hospital Commissioner 30 Hours of labor 72 Improvement Bonds and Funds 68 Initiative petitions Signatures 13 Percentage required 13 Affidavit of circulator 6 Filing of petition 6 Supplementary petitions 6 Certification of sufficiency 13 Adtion of Board of Aldermen 13 Election, when 13 Ballots, form of - 14 Committee of petitioners 13 Publication of arguments 17 Inspection of buildings 32 vi INDEX. Page Investigation by Board of Aldermen 9 Mayor 18 Efficiency Board 48 Director Public Utilities 27 Labor, Hours of 72 Law Department...-. 23 City Counselor 23 Qualifications 23 Mayor appoints Counselor 19 Approves bonds, as to form 23 Salary 23 Associate City Counselors.- 23 Legal aid 31 License Taxes _ 51 Lodging House, Municipal 31 MuUanphy Board 32 Markets, in charge of Health Commissioner 30 Marshal 23 Mayor 17 Member Board of Estimate and Apportionment 41 Veto 10 Signing of ordinances 10 Term 4 Qualifications 18 Salary 17 Appoints 19 Power to appoint and remove 17 Pov^rers and duties 17 Investigation by 18 Recall of 5 Removal of by Board of Aldermen 18 Forfeiture of office - 18 Succession to 18 Absence 18 Right in Board of Aldermen 17 Require audit 18 May remit fines - 17 May suspend elective officers 21 Epidemics, may prevent 30 MuUanphy Board ~ 32 Municipal ownership City may own, acquire, purchase, etc., public utilities 1 See also Department of Public Utilities 27 Morgue 30 Name - 1 Newspaper, Board of Aldermen may establish 40 Non-partisan nominations 5 Notices, special elections 5 Condemnation 53 Marshal execute 23 To officer whose recall is sought 6 Nuisances - 29 Oath of office 19 Office, definition of 72 INDEX Page Officers 19 Residence 19 Salaries and fees 20 Official bond 20 Continuance of present officers 74 Interest in contracts and supplies 21 Notice of recall petition 6 When not subject to recall 7 Ordinances — Majority of votes necessary for enactment 10 Enacting? clause 9 Reading: of If) Amending of g Action by committees in what time 9 When takes effect 1 1 Appropriation and tax rate bills 41 Approval and veto of 10 Filed with Register 1 1 Emergency measure, what constitutes 11 Appropriation ordinance 12 Ordinances may be submitted by initiative 12 Subject to referendum 14 Conflicting 17 Ratification of existing 72 Revision of 1 1 Parole and Probation, Board of 33 Parks and Recreation, Commissioner of 3C Parkways, see Article XXII 59 Penalties 1 1 Petitions — See initiative, referendum, recall. Process, power to issue. Board of Equalization 37 Public Utilities 27 Board of Aldermen 9 Efficiency Board 48 Plat of Subdivision, must be recorded 76 Police Commissioner ,^1 Chief of Police 31 Police power at fires, also with Fire Commissioner 32 Take over functions of Marshal 23 Political belief, no discrimination because of 48 Powers of City 1 Preferential ballot 5 President Board of Aldermen, elected, etc 8 Elected 4 Member of Board of Estimate and Apportionment 41 Succession to 8 Proclamation by Mayor, Epidemics 30 Proportional representation 5 Public Safety, Department of 31 Sec Police, Excise, Eire and Fire Prevention. Weights and Measures, Building and Inspection. viii INDEX Page Public Utilities, Department of — , Director 27 City may own, operate, etc 1 Director may investigate 27 Accounts • 28 Public Welfare, Department of 29 See Division of Health, Hospitals, Parks and Recreation, Correction, Research and Publicity, Legal Aid, Muni- cipal Lodging House, Employment. Public Welfare Boards 32 Publications — Advertising 40 Rules of Efficiency Board 47 Board of Equalization to be in session 36 Ordinances published 11 Arguments under initiative, referendum, recall 17 Record of Board of Public Service 25 Notice of special elections 5 Report of B. P. S. on franchises 50 Permits — Granted by Board of Public Service 26 Never to be considered as franchises 26 Absolute power of revocation 26 Printing, City — City maj' do all 40 Recall- Special elections 5 Form of ballot 7 Incumbent's office vacant when 7 Original petitions 6 Supplementary petitions 6 Signatures 6 Percentage required 6 Affidavit of circulator 6 Filing of 6 Publication of arguments 17 Notification to officer 6 Forbidden when 7 Recreation, Parks and; Commissioner of 30 Rules and Regulations, Health 29 Complaint Board 33 Efficiency Board 46 Recorder of Deeds, abstracts to Assessor 38 Referendum 14 Percentages 14 Conflicting ordinances 17 Petitions 14 Supplementary petitions 15 Signatures 16 Sufficiency^ 15 Reconsideration of ordinance 15 Publication of arguments 17 Elections 16 I N D E X ix Page Regular Municipal Elections 4 Register 22 Reports of Departments made by Directors 21 Made by B. P. S 25 Efficiency Board 47 Made by Comptroller 34 Research and Publicity 31 Revision of Assessments by Board of Equalization.: . 36 Sale of City Real Estate forbidden " 12 Salaries — President Board of Aldermen 8 Board of Aldermen 8 Mayor 17 Comptroller .' 3^ Assessor 35 Collector 38 Treasurer 39 Supply Commissioner 39 City Counselor 23 Marshal 23 City Court Judges 24 Clerk Police Courts 24 Directors 2h Employes — Fixed by Board of Aldermen 20 Construed to mean not less than 20 Payable monthly 20 Sanitary Inspection by Police 29 Seal— Kept by Register 22 Sewers (see Streets) 28 Sidewalks — Construction and repair 61 Signatures — (see Initiative. Referendum, Recall) Sinking Fund 44 Disbursements on account Sinking Fund approved by. . 45 Special Tax Bills 65 Divided into installments 65 Streets- Department of Streets and Sewers 28 Repair and Maintenance 28 Platting of 26 Dedication of 26 Subdivisions, Plats of — May not be recorded when 26 Spuply Commissioner 39 Supply Commissioner — Appointed by Mayor 1*^ Salary 39 Bond 39 Charge of City printing ™ 40 Transfer of funds 42 Tax, City has power to ' ~ 1 X INDEX Page Treasurer 39 Qualifications 39 Appointed by Mayor 19 Bond 39 Salary 39 Veto, Mayor 10 Vice-President, Board of Aldermen 8 Vital Statistics 30 Wards, Boundaries 4 Division and re-division 4 Waste, Disposal of 28 Water Commissioner — 28 Water rates, assessed by Water Commissioner 28 Weights and Measures 32 Wharves 28 Zoological Park 33 Board ^ 1^ reeholders CITY OF ST . LOUIS Suite 329 Municipal ( Courts Building Louis P. Aloe Jesse McDonald Thomas J. Dalton Samuel Rosenfeld Ed\rard Flad Thomas J. Rowe Frederick D. Gardner Charles W. Rutledge Charles Hertenstein Selden P. Spencer Frederick N. Jiidson Clinton E. Udell Charles Langeman Henry S. Caulfield, Wilbur B. Jones, Counsel Secretary This book is DUE on the last date stamped below Form L-9-15m-7,'32 UNIVERSITY of CALIFORNIA ,0S ANGELES ■ ''--ARY ,' I'-s-isa ^^ St. Louis. T9I^ .Proposed charter for the city of ^ St. [Louis, ,lilii,^S".'?,"^.'i'0'^*.L LIBRARY FACILITY AA 001 176 990 8