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Saint Louis (Mo.).

The scheme of separation between St. Louis city and county and the charter of the city of St. Louis, with all amendments and modifications to May 1, 1902 : and constitutional provisions specially applicable to the city of St. Louis online

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Online LibrarySaint Louis (Mo.)The scheme of separation between St. Louis city and county and the charter of the city of St. Louis, with all amendments and modifications to May 1, 1902 : and constitutional provisions specially applicable to the city of St. Louis → online text (page 1 of 21)
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LIBRARY

OF THK

UNIVERSITY OF CALIFORNIA



GIFT OF




Class



H



SCHEME



OF SEPARATION BETWEEN



ST. Louis CITY AND COUNTY



AND THE



CHARTER



OF THE



CITY OF ST. LOUIS,



WITH ALL AMENDMENTS AND MODIFICATIONS TO MAY 1, 1902, AND

CONSTITUTIONAL PROVISIONS SPECIALLY APPLICABLE

TO THE CITY OF ST. Louis.



COMPILED BY CHAS. W. BATES, CITY COUNSELOR, PURSUANT TO ORDI-
NANCE 20,551, AND PUBLISHED BY AUTHORITY OF
THE CITY OF ST. LOUIS.



ST. LOUIS, MO.:

WOODWARD & TIERNAN PRINTING Co.
1902.













DEDICATED TO

WALTER B. DRYDEN,

THE NESTOR OF THE LAW DEPARTMENT OF THE CITY OF

ST. LOUIS, TO WHOSE PAINSTAKING CARE AND

ACCURACY IS DUE WHATEVER MERIT

THIS PUBLICATION MAY POSSESS.



CONTENTS.



PAGE.

SCHEME 5

CITY CHARTER.

ART.

I Corporate Powers, Boundaries and Wards 25

II Election and Registration 39

III Legislative Department 40

IV Executive and Administrative Department 58

V Revenue and Taxation 78

VI Public Improvements Street Openings / 91

VII Water Works , 120

VIII Public Parks 125

IX Harbor and Wharf Department 128

X Street Railroads 131

XI Fire Department 133

XII Health Department 135

XIII Schools 141

XIV Sinking Fund 143

XV Public Printing 145

XVI Miscellaneous Provisions ... 147



APPENDIX.
Provisions of Constitution in reference to Scheme and Charter 155



235330



SCH EM



FOR THE



SEPAKATION AND KE-ORGANIZATION



OF THE GOVERNMENTS OF THE



CITY AND COUNTY OF ST, LOUIS



AND THE ADJUSTMENT OF THEIR RELATIONS.



SECTION.

1. Boundaries. Territory of new

county.

2. City and county declared sepa-

rated ; authority of County
Court annulled.

3. Election of officers for St. Louis

County ; judicial and represen-
tative districts established ;
county seat.

4. Present County Court to order

election in November, 1876 ;
duties and responsibilities of
Court in connection with sep-
aration.

5. Election of Sheriff, Coroner and

Public Administrator for city ;
duties and compensation.

6. City Marshal to assume duties

of former County Marshal.

7. Sheriff of County ex-officio Col-

lector ; Clerk of County ex-
officio Recorder ; present Re-
corder continued in office.



SECTION.

8. Assessment and collection of

taxes under Scheme ; duties of
Collector and Treasurer as to
moneys ; uncollected tax bills ;
office of County Auditor abol-
ished.

9. County Court to transfer public

buildings, moneys, etc., to city ;
Mayor may retain or discharge
appointees of Court.

10. Title to public buildings, parks,

&c., transferred to city ; as-
sumption of county debt by
city.

11. Municipal Assembly to provide

for payment of county debt.

12. City officers to qualify under

Charter ; election of Municipal
Assembly ; city offices to be
filled in April, 1877.

13. Board of Finance and its du-

ties ; term of County Treas-
urer to cease, when ; tax col-



SCHEME.



SECTION.

lections for school purposes ;
debts due county payable to
city.

14. Metropolitan Police.

35. Justices of the Peace and Con-
stables ; bonds of Constables
and Notaries.

16. City and County Surveyors.

17. Notaries Public.

18. Powers of Sheriff of city ; du-

ties of City Marshal ; powers
of Sheriff of county.

19. Judges of Election for Novem-

ber, 1876 ; returns, &c.

20. Public officers to assist in carry-

ing out Scheme.

21. City may hold real estate in

county.

22. Salaries of judicial officers.

23. Tax bills on property intersected

by city limits.

24. Authority of Municipal Assem-

bly.

25. Admissions to Poor House, In-

sane Asylum, &c.

26. Prosecuting Attorneys and

Clerks of Eighth Judicial Dis-
trict continued in office.



SECTION.

27. Grand Jury ; how selected and

summoned.

28. Grand Jury ; how paid.

29. Costs in criminal cases.

30. Petit Jurors; how selected and

summoned ; Jury Commissioner
continued in office.

31. Petit Jurors ; how paid.

32. Collections payable into City

Treasury ; payments into
County Treasury ; appropria-
tions by Municipal Assembly.

33. Powers of former County Col-

lector vested in Sheriff of
county.

34. Authority of Municipal Assembly

as to revenue.

35. Regulations as to animals run-

ning at large.

36. School Districts intersected by

city limits.

37. School property transferred to

St. Louis Public Schools.

38. Enumeration of children within

school ages ; division of school
property.

39. Expenses of Board of Free-

holders.



The following Scheme for the separation of the governments
of St. Louis City and County, the definition of the boundaries
of said city as enlarged, the reorganization of the government
of said county, and the adjustment of the relations between
said city and county so that they shall hereafter be independent
of each other, is hereby adopted as the organic law thereof.

SECTION I. The boundaries of the City of St. Louis are
hereby enlarged, settled and established as follows :

The corporate limits of the City of St. Louis shall comprise
all that district of country situated in the County of St. Louis
and State of Missouri, to-wit: Beginning at a point in the
middle of the main channel of the Mississippi river, and run-
ning thence westwardly at right angle to said channel, to a
point on the west bank of said river 200 feet south of the
center of the mouth of the River des Peres ; thence westwardly
and parallel to the center of the River des Peres, and 200 feet



SCHEME. 7

south thereof, to the eastern line of the Lemay Ferry road;
thence westwardly to a point in the west line of said Lemay
Ferry road at its intersection with the center of the Weber
road ; thence westwardly along- the center of the Weber road
to its intersection of the east line of lot (i) of the Caron-
delet Commons, south of the River des Peres ; thence west-
wardly to the southeast corner of Rudolph Overman's, or
northeast corner of B. H. Haar's land ; thence westwardly
to said Haar's northwest corner; thence northwestwardly to
a point in the center of the Gravois road (600) six hundred
feet southwardly from the center of the bridge across trie River
des Peres ; thence northwestwardly to the southeast corner of
lot (31) thirty-one of the subdivision of the Mackenzie tract in
United States Survey 1,953 ; thence northwestwardly in continu-
ance of said last mentioned line to the southern line of lot
twenty-one (21) of the subdivision of the said Mackenzie
tract ; thence northwestwardly to a point in the southern line of
United States Survey 2,035 twenty-six (26) chains eastward
from the southwest corner of said survey ; thence northwardly
to a point in the north line of the subdivision of East Laclede,
(600) feet west of tEe McCausland road; thence northwardly
and parallel to the center of the McCausland road, to a point
on the Clayton road (600) six hundred feet west of its inter-
section with the McCausland road; thence northwardly and
parallel with the Skinker road, and (600) six hundred feet
west thereof, to its intersection with the old Bonhomme road ;
thence northeastwardly to the intersection of the center lines
of McLaren avenue and Mead street; thence in a northeast-
wardly direction to a point in the Bellefontaine road (600)
six hundred feet north of its intersection with the Columbia
Bottom road ; thence northwardly and parallel with center line
of the Columbia Bottom road to the northern boundary line of
United States Survey number (114) one hundred and four-
teen ; thence eastwardly along 1 said line to the center of the
main channel of the Mississippi river ; thence with the meander-
ings of said channel southwardly to the point of beginning ;
and the residue of what now constitutes the County of St.
Louis shall hereafter be called St. Louis County.

SEC. 2. The City of St. Louis, as described in the preced-
ing section, and the residue of St. Louis County, as said county



8 SCHEME.

is now constituted by law, are hereby declared to be distinct
and separate municipalities, and all authority heretofore ex-
ercised by the County Court of St. Louis County, or any officer
of said county, is hereby forever abrogated and annulled,
except for the purposes and in the cases as hereinafter provided.
SEC. 3. At the general election for State and other officers,
on the Tuesday next following the first Monday in November,
1876, and every two years thereafter, there shall be elected
officers for St. Louis County, as follows : A Sheriff, who shall
be ex-ofhcio Collector, Coroner, Assessor, Treasurer, a Clerk
of the County Court, who shall be ex-ofhtio Recorder of Deeds
they shall hold their offices for the term of two years, and shall
perform such duties as are now provided by law for such
officers, until their successors are duly elected and qualified;
also, a Public Administrator, who shall be elected at said elec-
tion, and every four years thereafter, and shall hold his office
for four years, and perform the duties now prescribed by law.
There shall also be elected at said election three Justices of the
County Court, who shall constitute the County Court of said
county, and their powers, duties and terms of office shall be as
defined and governed by the general law at present applying
to other counties in this State. And for that purpose the
County of St. Louis as established by this Scheme, shall be
divided into two districts by a line commencing at a point
where the Clayton road intersects the boundary between the
City and County of St. Louis, as established by this Scheme
and Charter, and running thence westwardly with the Clayton
road to the eastern boundary of Bonhomme township as now
established; thence north with the eastern boundary of said
township to the Missouri river. So much of said county as
lies north and east of said line shall constitute district number
one, and so much of said county as lies south and west of said
line shall constitute number two. One Justice of the County
Court shall be elected by the qualified voters of each of said
districts, and the Presiding Justice of said County Court shall
be elected at large by the qualified voters of said county. Said
county shall be divided and numbered in the same manner into
two Representative Districts, and until otherwise districted
by law, one Representative in the General Assembly of the
State shall be elected by the qualified voters of each of said dis-



SCHEME. 9

tricts. Immediately succeeding the election in November 1876,
and when the result thereof is officially determined as herein-
after provided, the Justices of the County Court shall meet at
James C. Button's house, on the Manchester road, Tor the pur-
pose of organizing the new government of the county, deter-
mining the bonds of the county officers, and making such ap-
pointments as may be authorized by law. Said Court may
determine at what place in said county said Court shall meet
and the county offices be located until the question of a per-
manent seat of justice may be determined. And for that pur-
pose the following persons shall be and they are hereby
appointed Commissioners, to-wit: Robert G. Coleman, Wm.
W. Henderson and Thomas J. Sappington, who shall, after the
Scheme goes into effect, select a suitable place for the county
seat of said county and report such selection to the County
Court of said county, when it shall be the duty of said Court
to submit to the qualified voters of said county, at a special
election, to be ordered by said Court, within six months from
the filing of said report, the question as to whether the place
so selected, shall be the place for the permanent seat of justice
of said county, and if a majority of the qualified voters of said
county voting at said election, shall be in favor of said loca-
tion, then the same shall be and remain the seat of justice or
county seat of such county; but if a majority of the qualified
voters, voting at such election shall be against such location,
then the permanent seat of justice shall be established in the
manner as at present provided by law in regard to new counties.
There shall be elected at said election such Justices of the
Peace and Constables for the county as said county may be
entitled to under existing laws, who shall hold their offices
according to the general provisions of law applying to other
counties in this State.

SEC. 4. The present County Court of St. Louis County
shall order and make all necessary arrangements for the gen-
eral State election in November next, and shall order at the
same time the election of the Justices and officers for St. Louis
County, as specified in the preceding section, and the members
of the present County Court thereof shall continue in authority
and in the discharge of their present duties, except as herein
otherwise provided, until the new County Government is or-



10 SCHEME.

ganized, and the proper county officers, as provided herein, are
commissioned and qualified, and thereupon their terms of office
and that of Clerk of said Court shall cease and the offices of
Justices of the County "Court and Clerk of the said County
Court as now established shall be forever abolished: Pro-
vided, That nothing in this section shall relieve said Court and
its officers and employes from full responsibility for the man-
agement and custody of ail interests and property of the
County of St. Louis as constituted previous to the adaption
of this Scheme, until a formal transfer of the same to the
proper authority as herein provided has been effected.

SEC. 5. It shall be the duty of the Mayor of the City of
St. Louis to order an election on the same day as the general
election in November, 1876, and every two years thereafter,
for a Sheriff for the City of St. Louis, and Coroner for said
city, who shall be elected by the qualified voters of said city,
and shall hold their offices for two years and until their suc-
cessors are duly elected and qualified, and they shall be com-
missioned by the Mayor. A Public Administrator for said
city shall also be elected at the general election aforesaid, and
every four years thereafter, whose term of office shall be four
years, and whose duties shall be as provided by law. The
official bond of said officers shall be fixed and determined by
the Municipal Assembly, in conTormity with the constitution
and laws, and pending such action the Sheriff, Coroner and
Public Administrator shall give bond in such amounts as now
required of like officers for the present County o? St. Louis,
with not less than two securities, owners of unincumbered real
estate in the City of St. Louis, to be approved by the Mayor;
and said bonds, when so approved, shall be filed with the Regis-
ter, and said officers shall respectively perform within the city
limits such duties as are now provided by law in regard to the
Sheriff, Coroner and Public Administrator of St. Louis
County, and shall receive the same compensation allowed said
officers of St. Louis County prior to the adoption of this
Scheme, until otherwise provided by law. The Coroner shall
discharge the duties of Sheriff in all cases in which Coroners
are authorized to discharge those duties by law.

SEC. 6. The Marshal of the City of St. Louis, in addition
to his other duties, shall assume and discharge all the duties



SCHEME. 11

heretofore discharged by the Marshal of St. Louis County
within the limits of the City of St. Louis, and the present
County Marshal shall deliver to said City Marshal all books,
documents and property of every kind in his possession by
virtue of said office, except such property as may properly be-
long to the reorganized County Government, which shall be
delivered to the Sheriff of St. Louis County, elected in Novem-
ber, 1876.

SEC. 7. The Sheriff of St. Louis County, elected as pro-
vided in Section 3, shall be ex-offi-cio Collector of the Revenue
of said county and the Clerk of said County Court shall be
ex-ofhcio Recorder of Deeds for said county, and the present
Recorder of Deeds for St. Louis County shall hereafter be
known as Recorder of Deeds and shall hold his office for his
term as now prescribed by law, and until his successor shall be
elected and qualified, and at the general election in November,
1878, and every four years thereafter, a City Recorder shall be
elected by the qualified voters of the City of St. Louis.

SEC. 8. The office of the President of the Board of As-
sessors is hereby declared a city office, and is placed under the
control of the city government, but the President of said Board
shall cause the books and plats of said office to be divided, and
such portions thereof as exclusively refer to St. Louis County
shall be delivered to the proper officer, for the use of said
county ; but if this can not be done, or can be done only in part,
then abstracts shall be made thereof, and the cost of same paid
out of the City Treasury. The present State and County Col-
lector shall continue in office until the expiration of his official
term, and thereafter his duties shall be discharged by the City
Collector, and upon this Scheme going into operation, the said
State and County Collector shall pay over all collections for
city and county taxes levied for general purposes, and for
licenses collected, within the city limits, as herein extended,
and all county taxes for interest and parks, to the Treasurer
of the City of St. Louis: and all collections for county and
school taxes on property and licenses, except all county taxes
for interest and parks, in St. Louis County, he shall pay to the
present County Treasurer, until tFie Treasurer of said county
is elected, as provided for in Section 3 ; and when that officer
has duly qualified, the present County Treasurer shall pay over



12 SCHEME.

to him all such collections for the use of said county, and from
and after the time the County Treasurer of St. Louis County,
as constituted by this Scheme, is elected and qualified, and
during the continuance in office of said County Collector, he
shall in like manner. pay over all revenue collections, above
mentioned, to the City and County Treasurers respectively.
At the close of his term of office he shall effect a settlement
with the city and county authorities, and shall account for all
tax-bills placed in his possession, and shall turn over all uncol-
iected bills in his possession, as follows : To the Comptroller
all tax-bills on property within the city limits as herein estab-
lished, and to the Clerk of the St. Louis County Court all tax-
bills on property outside of city limits. The office of County
Auditor as it at present exists is abolished, but that officer
shall continue in office, and be responsible on his bond, until all
books, documents, moneys, and other property in his hands, or
under his charge by virtue of his office, have been properly
accounted for and turned over to the parties authorized by law
to receive them. The assessment of property for the taxes
of the year 1877 in the city as constituted by this Scheme, shall
be made by the President of the Board of Assessors, of the
present County of St. Louis, in the manner provided by law ;
said President shall keep a separate set of books for the prop-
erty in the city as now constituted, and for that in the enlarged
limits of the city. As soon as the assessment books for the
city and for the enlarged limits shall have been completed and
corrected as required by law, they shall be turned over by said
President with the other books and plats of his office to the
proper officer of said city. After the assessment books have
been corrected, the President of Assessors shall make out a
fair copy of the same and shall make an abstract of said books,
showing the amounts of the several kinds of property taxed,
specifying: First, the amount of all property within the old
limits of the City of St. Louis ; second, the amount of value of
all property within the new, or extended, limits, and outside
the old limits, and add thereto his certificate 'that the same
contains a true and correct list of all taxable property in the
City of St. Louis, so far as he has been able to ascertain the
same. Said abstract shall be verified by oath and delivered to
the Mayor of St. Louis on or before the fourth Monday of



SCHEME. 13

June, 1877. As soon as the Assessor of St. Louis County shall
be elected and qualified, the President of the Board of As-
sessors shall deliver to the said Assessor the books, plats and all
papers appertaining to the property of said county, as herein
provided, and it shall be the duty of the Assessor of said county
to assess the property of said county in the same manner as
now provided by law for other counties of this State.

SEC. 9. It shall be the duty of the present County Court
of St. Louis County to see that all buildings, moneys and other
property belonging to the county, which are placed under the
control of the city under this Scheme, shall be formally and
properly transferred. Said Court shall cause all records, books,
papers, etc., now in the office of said Court to be turned over to
the Register, who shall duly schedule same, and report the
same for inspection of the Mayor. All employes and officers
now in the service of the county in connection with public insti-
tutions, or otherwise under appointment of said Court, and
within the limits of the City of St. Louis as herein established
shall continue in the discharge of their duties under the present
rules and regulations until notified to the contrary by the
Mayor of the city, who shall have authority to retain or for
unfitness discharge such as he may deem necessary, and to fill
any vacancies that may occur, until the Municipal Assembly
can provide by ordinance for the government of such institu-
tions and regulations of such service.

SEC. 10. All the public buildings, institutions, public parks
and property of every character and description heretofore
owned and controlled by the County of St. Louis within the
limits as extended, including the Court House the County Jail,
the Insane Asylum, and the Poor House, are hereby transferred
and made over to the City of St. Louis, and all the rigHt, title
and interest of the County of St. Louis in said property, and in
all public roads and highways within the enlarged limits, is
hereby, vested in the City of St. Louis, and divested out of the
County; and in consideration of the city becoming the pro-
prietor of all the county buildings and property within its en-
larged limits, the city hereby assumes the whole of the existing
county debt, and the entire park tax, and the Municipal Assem-
bly shall, as soon as practicable after the adoption of this
Scheme and Charter, provide by ordinance for the management



14 SCHEME.

of the property and public institutions hereby placed under its
charge.

SEC. ii. The Municipal Assembly shall from time to time
make provision by ordinance for the payment of the county
debt, and interest thereon, as the same matures, and in all re-
spects said debt shall be considered a city debt, and shall be
transferred to the books of the city, and embraced in all official
statements of its funded liabilities.

SEC. 12. Until provision is made by ordinance for carry-
ing out the provisions of the preceding sections, and until the
officers provided for under the Charter framed and adopted
by this Board are elected and qualified, and after this Scheme,
and the Charter framed hereunder, go into operation, the
present city officers shall qualify under such Charter, and per-
form all the duties and exercise the powers of their office under
such Charter, except as otherwise provided in this Scheme
and Charter, and under the ordinances of the city not incon-
sistent therewith, within the enlarged city limits. For the pur-
pose of electing a Municipal Assembly under such Charter, an
election for members of the Municipal Assembly shall be held
at the same time as the general State election to be held in
November, 1876, and the term of office of the members of said
Assembly shall continue for the same time and on the same con-
ditions as if the same commenced after the city election in April
1877, as provided for in such Charter. Provided, That in case
of a vacancy in the office of the Mayor, the present Comp-
troller of the city shall be authorized to act and shall act as
such Mayor until such vacancies shall be filled as provided in
the Charter framed under this Scheme. And provided further,
that all city offices, except the Municipal Assembly and such
offices whose incumbents are specifically continued in office


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Online LibrarySaint Louis (Mo.)The scheme of separation between St. Louis city and county and the charter of the city of St. Louis, with all amendments and modifications to May 1, 1902 : and constitutional provisions specially applicable to the city of St. Louis → online text (page 1 of 21)