Section 1. The inhabitants of the 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 property used in connection with any public utility owned or operated 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 credits.

(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 state or interest therein, within or without the city or State.

(9) To condemn private property, real or personal, or any easement or use therein for public use within or without the city or State.

(10) To take and hold property 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 any part thereof.

(12) To grant franchises for public utilities.

(13) 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, extend, 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 maintain 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 therefore; 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 departments when permitted by law.

(22) To collect and dispose of sewage, offal, ashes, garbage and refuse, or to license and regulate such collection and disposal.

(23) To license and regulate all persons, firms, corporations, 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, occupations, callings, trades, uses of property, and all other things whatsoever detrimental or liable to be detrimental to 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 consumption or use within the city.

(28) To establish, regulate, license and inspect weights and measures.

(29) To regulate the construction and materials of all buildings 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, recreative, curative, corrective, detentive or penal institutions, departments, functions, facilities, instrumentalities, conveniences and services.

(33) To do all things whatsoever expedient for promoting or maintaining the comfort, education, morals, peace, government, 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 competent 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.

Sec. 2. The enumeration 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 purposes are expressed conjunctively 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; provided, 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 contains as nearly as may be the same number of registered voters.

ARTICLE II.

Elections

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Section 1. A general city election shall be held on the first Tuesday in April, 1916, and every two years thereafter.

Sec. 2. At a 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 thereafter, 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; provided, that whenever the constitution and laws of the State permit, each Alderman shall be elected only by the votes of the ward from which he is elected.

Sec. 5. The Board of Election Commissioners shall designate the day for holding any special election under the Initiative, 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 election 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 follows: The Board of Election Commissioners shall audit and approve all such expenses so incurred and certify them to the Comptroller, who must draw his warrant therefore 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 therefore, 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 the non-partisan nominations, preferential voting, or proportional representation.

ARTICLE III.

Recall

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Section 1. Any elective officer may be recalled by the voters of the City, or if he shall have been elected by the voters of a ward or district, then by the voters of such ward or district, as hereinafter provided.

Sec. 2. A petition for such recall shall be signed by registered 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 residence 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 assembled 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 sufficiency 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 originals 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 supplemented. If found still insufficiently signed, no further supplement 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 ten days after such mailing, said Board shall provide for submitting 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, then at a special election to be 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 election. 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 the voter shall strike out the word “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 days 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

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Section 1. The legislative power of the City of St. Louis shall, subject to the limitations of this Charter, be vested in a Board of Aldermen consisting of a president, elected as such by general ticket from the city at large, and twenty eight members, one from each ward, to be elected only by the qualified voters of the ward he is a candidate to represent, and to be known as alderman from the ward from which elected. Provided, that aldermen heretofore elected shall remain in office until the end of the terms which they were, respectively, elected, and provided further that in case of a vacancy, the alderman elected to fill such a vacancy shall be chosen by the qualified voters of the ward from which he is 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 resident of the City, two years an assessed taxpayer of the City, and one year a resident of the ward from which elected, nor who shall have been convicted of malfeasance in office, 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 office. The salary of each Alderman shall be eighteen hundred dollars per annum.

Sec. 3. The President of the Board of Aldermen shall preside at all its meetings and have the qualifications and forfeit his office for the causes provided with regard to the Mayor. His 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 dollars 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 unexpired tern 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 special 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 failure to act of the President; shall choose a Clerk, and may select any other officers and employees.

Sec. 7. Said Board shall be the judge of the qualifications of its members, except of its President, and a majority of all its members shall constitute a quorum, but a small 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 proceedings, subject to this Charter; arrest and punish by fine or imprisonment or both, any member or other person guilty of disorderly or contemptuous behavior in its presence; and with the concurrence of twothirds of all its members, expel 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 relating to any subject within its jurisdiction; to call upon its own officer or the City Marshal to execute its process, and to arrest and punish by fine or imprisonment or both any person refusing to obey such subpoena or order. No fine for any one offense under this section shall exceed three hundred dollars nor shall any imprisonment for any one offense exceed ten days; but each day’s continuance in any refusal as aforesaid shall be a separate offense. Its presiding officer or the chairman 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 a special session. All sessions shall be public and in the City Hall, subject to 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 reenacted except 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 of which moneys are appropriated, shall contain more than one subject, which shall be clearly expressed in its title.

Sec. 14. The Board of Aldermen at any meeting held thirty days or more after any bill shall have been referred to a committee, shall, on motion of any member, determine by the yeas and nays entered on the Journal, whether such committee shall be discharged from further consideration thereof.

Sec. 15. All amendments adopted shall be incorporated with the bill by engrossment under the supervision of a committee 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 immediately 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 return any bill within said time shall constitute approval thereof by the Mayor. If the Mayor approves the bill, or fails to return it as and when above provided, it shall become an ordinance, 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 members vote to pass the bill, the presiding officer shall certify that fact thereon over his signature and thereupon the bill shall become an ordinance, subject to the Referendum provisions of this Charter; otherwise it shall not become an ordinance. If the 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.

Sec. 18. In all cases under the two next preceding sections 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 measure, 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 necessary for the immediate preservation of the public peace, health or safety, or providing for public work or improvements of any kind or repairs there of, or establishing a benefit or taxing district or a sewer district, or a Joint sewer district, 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 appropriation 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 ordinances every five years.

Sec. 23. The Board of Aldermen shall have power by ordinance not inconsistent with this Charter to exercise all the power of the City, and provide all means necessary or proper therefore; also to do all things needful within or without the City or State to protect the rights of the City.

Sec. 24. No fine shall exceed five hundred dollars. Anyone against whom any fine shall have been assessed, failing to pay the same and costs, shall be committed to the workhouse or other place provided therefore, and to such labor as may 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 shall exceed one hundred days for any one offense, and provided 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 delinquents, as may be defined by ordinance, for an indeterminate 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 involving any expenditure of money shall be ordered except by 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 recommending 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 demand, or any allowance on account thereof not provided for in the contract, except on recommendation of the Board of Estimate and Apportionment; nor to authorize the payment of any damages claimed for alleged injuries to persons or property, except upon recommendation 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 any 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 by the Board of Public Service.

ARTICLE V.

The Initiative

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Section 1. The people 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 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 sufficient, it shall forthwith certify that fact, together with a copy of the petition, omitting signatures, to the Board of Aldermen. Unless the proposed ordinance 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 members of the committee of the petitioners shall, within fifteen days after the expiration of said sixty days, state in writing to the 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 Election 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 lawfully 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 the proposed ordinance is for the submission of an amendment 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 ordinance, 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 effect 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 vote of two-thirds of all the members, nor within one year after its adoption.

ARTICLE VI.

Referendum

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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 or 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 Commissioners 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 the Register and said ordinance shall not take effect except as hereinafter provided. Within ten days after such filing the said Board shall find and certify the number of registered voters signing 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 Register, the said petition shall not be supplemented, and said ordinance 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 signing same and whether such signers, added to registered voters who signed the original petition, equal in number said seven percent. If it finds that the aggregate number of such signers does not equal said seven percent, or if the committee of the petitioners 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 percent, 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 Aldermen 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 within thirty days after such certification to it, then, unless four members of the committee of the petitioners 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 certify said failure to the Board of Election Commissioners, which shall thereupon make provision for submitting such ordinance, in such form as it then shall be, to the voters; provided, that the final percentage of signers required to compel submission to the voters of an ordinance amending or repealing an ordinance adopted at the polls under the Initiative shall be three percent instead of seven percent as required in case of other ordinances. Such submission shall be 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 petitions together shall be signed by registered voters equal in number to twelve percent 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 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. 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 matters 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 mentioned 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 purports to be; and all papers comprising an original or supplemental 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 resident address. Any person shall be deemed a registered voter within the meaning of this Article whose name is unerased on the registration books.

Sec. 5. If the provisions of two or more initiated or referred 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 exceeding one thousand words, concerning any ordinance or recall proposition 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 VII.

Mayor

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Section 1. The Mayor shall be the chief executive officer of the City and, except as by law or in this Charter otherwise provided, have and exercise all the executive power of the City. He shall exercise a general supervision over all the executive affairs of the City and see that each officer and employee performs his duty and that all laws, ordinances and Charter provisions are enforced within the City. His salary shall be ten thousand dollars per annum. All process against the City shall be served upon him. He shall appoint and may remove all non-elective officers and all employee, except as otherwise in this Charter provided, but shall not remove any office, department or division head appointed by him, except for cause. He shall execute all deeds and conditional bonds made in the 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 interests of the City are brought and diligently prosecuted. He shall have a seat and a voice and may introduce ordinances, but not vote, in the Board of Aldermen, and shall make recommendations and give information to said Board as to City affairs. He may remit, with or without condition, fines, costs, forfeitures and penalties imposed for violation of any ordinance or Charter provision, and shall annually make a report thereof to the Board of Aldermen. He may examine the affairs and conduct of any department, board or office and require all officers to exhibit their accounts and papers and make reports to him. He shall annually appoint a certified public accountant to thoroughly audit all books, accounts and records relating to the fiscal affairs of the City and to report the result to him. A copy of said report shall be filed with the Register.

Sec. 2. No person shall become Mayor unless he be at least thirty years of age, and shall have been, next before his election, both a citizen of the United States and a resident of the City for five years and an assessed taxpayer of the City for two years, nor if he shall have been convicted of malfeasance in office, bribery or other corrupt practice or crime. If the Mayor be so convicted or become a nonresident of the City he shall thereby forfeit his office.

Sec. 3. During the Mayor’s temporary disability or absence from the City his powers and duties shall devolve upon the President of the Board of Aldermen, or if said President be also absent or disabled, upon the Vice-President of said Board.

Sec. 4. The Mayor may be removed from office by the Board of Aldermen for crime or misdemeanor in office, for grave misconduct showing unfitness for public duty, or for permanent disability, threefourths of all the members of said Board voting for such removal. The proceedings for such removal shall be upon specific charges in writing, which, with a notice stating the time and place of the hearing, shall be served on the Mayor or published at least three times in a daily newspaper. The hearing shall be public, and the Mayor shall have the right to appear and defend in person and by counsel, and have process of the Board to compel the attendance of witnesses in his behalf. Such vote shall be determined by yeas and nays and the names of the members voting for or against such removal shall be entered on the Journal.

Sec. 5. Whenever a vacancy occurs in the office of Mayor, the President of the Board of Aldermen shall become Mayor, and shall hold such office until a successor is elected and qualifies. Such election, if for an unexpired term, shall be at the first general City or State election held fifty days or more after such vacancy occurs. While so holding the office of Mayor a temporary vacancy shall exist in the office of the President of the Board of Aldermen. The Vice- President of the Board of Aldermen shall hold the office of President of said Board during any vacancy therein with the right of succession to the office of Mayor.

ARTICLE VIII.

Officers

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Section 1. The Mayor shall appoint the following officers at his convenience, to hold for the term for which he was elected and until their successors qualify; Assessor, Collector, Treasurer, Supply Commissioner, Register, City Counselor, City Marshal, City Court Judges, Clerk of City Courts, President Board of Public Service, Director of Public Utilities, Director of Streets and Sewers, Director of Public Welfare and Director of Public Safety.

Sec. 2. In addition to other qualifications required by this Charter, all officers and employee, except day laborers, and except in such cases, requiring exceptional scientific, mechanical, professional or educational qualifications as may be determined by the Efficiency Board must have resided in the City for at least one year and failing or ceasing so to reside, shall forfeit their office or employment.

Sec. 3. Every officer, and every employee holding a position upon an annual salary, shall, before entering upon his duties and within such time as may be provided by ordinance, take and subscribe, and file with the Register, an oath or affirmation that he has all the qualifications and is not subject to any of the disqualifications named in this Charter for the office or employment he is about to assume; that he will support the Constitution of the United States and of this State and the Charter and ordinances of the City; that he will be influenced only by the consideration of fitness in the appointment, promotion, demotion, suspension or discharge of officers or employee; that he will not expend nor authorize the expenditure of money otherwise than for adequate consideration and efficient service to the City and will faithfully discharge the duties of his office or employment.

Sec. 4. The Board of Aldermen shall determine by ordinance whether and when any officer or employee shall give a bond and the amount and character thereof, subject to the provisions of this Charter. Premiums on all bonds of officers and employees shall be paid by the City, subject to such regulations as may be provided by ordinance. If any person elected or appointed to an office shall fail to take, subscribe and file an oath or affirmation as aforesaid, or to give bond as required by this Charter or by law or ordinance, he shall forfeit his right to the office or employment.

Sec. 5. Each head of a department, office or division shall be responsible for the acts or omissions of officers and employee appointed by him, and may require bonds or other securities from them to secure himself.

Sec. 6. Any vacancy in any elective office, except in the Board of Aldermen, shall be filled by appointment by the Mayor until a successor is elected and qualifies. Such election, if for an unexpired term, shall be at the first general City or State election held fifty days or more after such vacancy occurs.

Sec. 7. The Board of Aldermen shall by ordinance fix or provide for the fixing of salaries or compensation of officers and employees, jurors and witnesses, subject to the provisions of this Charter. Payment for services of specialists or experts under Article XIII, Section 8, may be made either with or without an ordinance fixing the compensation for such services. All salaries or compensation under the classified service shall be uniform for like service. No salary in the unclassified service of the City shall be changed during the term for which the recipient was elected or appointed. No city officer shall retain any fees received by virtue of his office, but all fees shall belong to the City and be paid into the City Treasury daily, unless some other time is provided by this Charter or by law or ordinance.

Sec. 8. All salaries shall be paid at least monthly. Salaries fixed in this Charter at a certain sum shall be construed to mean not less than such sum, but no salary under the City shall exceed ten thousand dollars per annum, nor shall any officer or employee receive any additional compensation for serving in any other capacity under the City while in such office or employment; nor hold any office or employment under the State or United States except in the militia or as notary public, nor have a personal interest, directly or indirectly, in a contract with the- City; and no elective officer shall be a member of the general city committee of any political party. Any person guilty of any willful violation of this section shall thereby forfeit his office or employment.

Sec. 9. Any elective officer (except a member of the Board of Aldermen), and any officer appointed by the Mayor to fill any elective office, may be suspended by the Mayor and removed by the Board of Aldermen for cause, three-fourths of all the members of said Board voting for such removal. Immediately upon any such suspension the Mayor shall notify the Board of Aldermen of same and within ten days shall file with the Board charges in writing against such suspended officer, which, with a notice of the time and place of hearing, shall be served on such officer or published at least three times in a daily newspaper. The hearing shall be public, and such officer shall have the right to appear and defend in person and by counsel, and to have process of the Board to compel the attendance of witnesses in his behalf. If the Board be not in session, the Mayor shall immediately call a special session to convene in not less than three nor more than ten days thereafter. If, upon a hearing, such officer be not removed, he shall be immediately reinstated in his office. The vote on such question shall be determined by yeas and nays, and the names of the members voting for or against such removal shall be entered on the Journal. The Clerk of the Board shall forthwith certify the action of the Board to the Mayor. The Mayor may appoint some suitable person to fill temporarily such office during the period of any such suspension.

Sec. 10. Each executive board and the head of each department or office (except those under the Board of Public Service, who shall report to said Board) shall at least annually on a day or days fixed by ordinance make a full report to the Mayor of the transactions of such Board, department or office for the year and shall furnish to the Board of Aldermen or Mayor at any time such information as either may require.

Sec. 11. All questions between officers as to their relative powers and duties shall be determined by the Mayor, except as in this Charter otherwise provided.

Sec. 12. All City officers and employee except the Mayor, members of the Board of Aldermen, members of the Mullanphy Board, Efficiency Board, Complaint Board, City Plan Commission, Board of Engineers, Board of Examiners and Plumbers, Board of Children’s Guardians, the Board in charge of the Zoological Park and such others as may be excepted by ordinance, shall devote their entire time to the duties of their office.

ARTICLE IX.

Register

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Sec. 1. The Register shall have custody of the City Seal, original rolls of ordinances, contracts, conditional bonds, title deeds, certificates and papers, and all other records, papers and documents not required by this Charter or by ordinance to be deposited elsewhere, and register them by numbers, dates and contents, and keep such index thereof as may by ordinance be provided. He shall by his signature and the City Seal attest all instruments signed in the name of the City and all official acts of the Mayor; provide, and when required certify, as may be provided by ordinance, under his hand and the City Seal, copies of ordinances, records, papers and documents in his office; cause copies of all ordinances to be printed through the Supply Division and kept in his office for distribution; register and preserve in his office all oaths or affirmations by city officers or employees; may administer such oaths and affirmations; shall give such bond and appoint such deputies and employees as may be provided by ordinance. He shall receive a salary of four thousand dollars per annum.

Sec. 2. All blank licenses, tickets, receipts, permits, certificates or other blank forms as may be provided by ordinance shall be attested and issued by the Register, and delivered and charged to the Comptroller, who shall countersign and deliver them to the proper officers and take receipts therefore. All such blanks not used shall be returned to the Comptroller, who shall cancel and return them to the Register.

ARTICLE X.

Law Department

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Section 1. The Law Department shall consist of a City Counselor, five associate and two assistant City Counselors, and such other associates, assistants and employees as may be provided by ordinance.

Sec. 2. The City Counselor shall be the head of the Law Department; appoint all associates, assistants and employees in his department; shall, through said department, direct the management of all the litigation in which the City is a party, including service in the City Courts; represent the City in all legal matters and proceedings in which the City is a party or interested, or in which any of its officers are officially interested; advise the Board of Aldermen or any committee or member thereof and the Mayor and the heads of all departments, and through the Mayor and heads of departments all other officers of the City, as to all legal questions affecting the City’s interest; and approve as to form all contracts, deeds, bonds and other documents to be signed in the name of, or made to or with the City. He shall render the Police Department all legal advice and services required by it. He shall receive a salary of eight thousand dollars per annum.

Sec. 3. The City Counselor and associate and assistant City Counselors shall be attorneys-at-law entitled to practice in all the courts in the State for at least three years previous to their appointment.

ARTICLE XI.

City Marshal

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Section 1. The City Marshal shall receive a salary of three thousand dollars per annum; execute and return all process, notices and orders of the Mayor, Law Department, Health Commissioner and City Court Judges, and all other process, notices and orders as in this Charter or by ordinance may be provided. He shall appoint such deputies employees as may be provided by ordinance.

Sec. 2. In case the Police Department shall become a department of the City, the Marshal’s functions shall devolve upon it and be exercised in such manner as may be provided by ordinance, in which event the office of Marshal shall be abolished.

ARTICLE XII.

City Courts

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Section 1. There shall be two City Court Judges, who shall have been for at least five years licensed attorneys, one to be known as Judge of City Court One, and the other as Judge of City Court Two, each of whom shall receive a salary of three thousand dollars per annum.

Sec. 2. The Board of Aldermen may by ordinance adopted by the vote of two-thirds of all the members, increase the number of City Courts and Judges. It may, by ordinance, divide the City into judicial districts and regulate the jurisdiction thereof, and may from time to time alter same. Whenever any such Judge is absent or unable to hold court, the Mayor shall appoint an eligible person to act during such absence or inability, who shall receive such compensation as may be provided by ordinance. Such courts shall be held in places provided for by ordinance, and, in the absence of such ordinance provision, in such places as the Mayor may direct.

Sec. 3. The City Courts shall have jurisdiction of all cases arising under this Charter or any ordinance, subject to appeal by the City or the defendant to the St. Louis Court of Criminal Correction in like manner as provided by law for appeals from Justices of the Peace in criminal eases to their appellate courts; may punish contempts of court by fine not exceeding fifty dollars or by imprisonment not exceeding ten days, or both; enforce its orders and judgments as a court of record may, and render final judgment on any forfeited bond or recognizance returnable to such court, subject to an appeal, as in other cases.

Sec. 4. There shall be one Clerk for all the City Courts, who shall receive a salary of twenty-four hundred dollars per annum, and appoint such deputies and employees as may be provided by ordinance.

Published on the web:
August 1997