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BULLET St. Louis City Charter Article IV Board of Aldermen*

St. Louis City Charter has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis Missouri City Charter may be obtained from the Register's Office at the St. Louis City Hall.


 

Article IV
Board of Aldermen*

* City Counselor Ops.: 9724, 10290, 10291

Section 1 Composition.

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 for 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.

City Counselor Ops.: 9843, 9857

Cases:

The people retain the right to legislate through the initiative procedure. Pitman v. Drabelle, 183 S.W. 1055, 267 Mo. 78 (1916); State v. Miller, 285 S.W. 504, 315 Mo. 41 (1926).

The state constitution and statutes are broad enough to permit aldermen to be elected only by members of their wards. State v. Waechter, 80 S.W. 2d 672, 336 Mo. 509 (1935).

The establishment of a commission to administer an ordinance prohibiting solicitation of charitable funds was not an invalid delegation of legislative power. Ex parte Williams, 139 S.W. 2d 485, 345 Mo. 1121 (1940).

The board of aldermen do not have the authority to pass an irrevocable ordinance setting bridge tolls. City of St. Louis v. Cavanaugh, 207 S.W. 2d 449, 357 Mo. 204 (1948).

McQuillin:

Ch. 13 Meetings and Proceedings of Council or Governing Legislative Body

History:

Submission Ordinance No. 42060

Submission Ordinance Approved April 14, 1941.

Amendment Substance: repealing Section 1, and enacting a new Section 1, relating to the vesting of legislative power in a Board of Aldermen, electing its members and filling vacancies.

Voter Adoption Date: September 16, 1941.

Section 2 Qualifications and salary.

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 three thousand dollars per annum.

City Counselor Ops.: 9471, 9843

Cases:

Aldermen's salaries were governed by the new 1914 Charter which superseded the old charter. State v. Player, 218 S.W. 859, 280 Mo. 496 (1920).

For the purposes of this section an alderman's residence is where his home (domicile) is located. State v. Mueller, 388 S.W. 2d 53 (1965). The residence requirement is mandatory. State v. Mueller, 388 S.W. 2d 53 (1965).

A requirement that a candidate for alderman be a resident of the city for three years prior to the election is a valid residency requirement. State ex. rel. Campbell v. Svetanics, 548 S.W. 2d 293 (1977).

A one-year residency requirement for city aldermen was reasonable and valid. Brandenberg v. McClellan, 427 F.Supp. 943 (1977).

History:

Submission Ordinance No. 35188

Submission Ordinance Approved July 6, 1926.

Amendment Substance: amending Section 2 relating to qualifications and salary of members of the Board of Aldermen, by striking the salary established as $1,800 per year and substituting the higher salary of $3,000.

Voter Rejection Date: November 2, 1926.

Submission Ordinance No. 44822

Submission Ordinance Approved February 1, 1949.

Amendment Substance: repealing Section 2, and enacting a new Section 2, relating to same subject providing for the qualifications of Aldermen, changing the salary from $1,800 per year to $3,000 per year.

Voter Adoption Date: April 5, 1949.

Submission Ordinance No. 57094

Submission Ordinance Approved December 5, 1975.

Amendment Substance: changing (amending) Section 2 requirement that members of the Board of Aldermen must be at least 25 years of age to a requirement that members of the Board of Aldermen must be at least 22 years of age.

Voter Rejection Date: August 3, 1976.

Section 3 President.

The president of the board of aldermen shall preside at all meetings and have the qualifications and forfeit his office for the causes provided with regard to the mayor. His salary shall be five thousand dollars per annum.

City Counselor Ops.: 9843, 10421

Cases:

The salary of the office of president belongs to the person who holds that office. State v. Nolte, 180 S.W. 2d 740, 352 Mo. 1069 (1944).

History:

Submission Ordinance No. 35188

Submission Ordinance Approved July 6, 1926.

Amendment Substance: amend Section 3, relating to the duties and salary of the President of the Board of Aldermen, by striking the salary of the President established as $3,000 per year, and substituting therefor a salary of $5,000 per year.

Voter Rejection Date: November 2, 1926.

Submission Ordinance No. 010822

Submission Ordinance Approved February 1, 1949.

Amendment Substance: repeals Section 3, and enacts a new Section 3 relating to the same subject matter of the duties of the president of the Board of Aldermen but changes the salary from $3,000 to $5,000 per year.

Voter Adoption Date: April 5, 1949.

Section 4 Absence from meetings.

Whenever a member of said board other than the president is absent from a meeting he shall forfeit ten dollars ($10.00) of his salary unless his absence is excused on motion, stating the cause thereof, and adopted by a majority of the members present, provided, that forfeitures by one member shall not exceed eight hundred dollars ($800.00) in any one year. No forfeiture imposed because of absence shall be remitted.

City Counselor Ops.: 8113, 8220, 9843, 10180, 10181

History:

Submission Ordinance No. 43505

Submission Ordinance Approved March 11, 1946.

Amendment Substance: amending Section 4, to permit excused absences without forfeiture of $10 salary, upon motion adopted by majority of members present.

Voter Adoption Date: August 6, 1946.

Section 5 Vacancies.

(a) When a vacancy occurs in the office of ward alderman, one hundred and eighty (180) days or more prior to a city general election, such vacancy shall be filled through special election by the qualifying voters of the ward represented by the vacating alderman. The individual elected shall serve for the remainder of the unexpired term or until the next general city election, whichever shall occur first, at which time such office shall again be filled according to law. Where such special ward election is required for an abbreviated term it shall be held no sooner than seventy-five (75) days nor later than ninety (90) days after the occurrence of the vacancy and there shall be no primary election preliminary thereto. In such case the board of election commissioners shall accept and process the names of candidates representing the established political parties, as such parties are defined in Section 120.140-2. Missouri Revised Statutes, 1969, or as amended, which are certified by the respective city central committees of the aforesaid parties, as their chosen respective candidates to stand for election to fill the vacancy. Persons desiring such party certification shall conform to all the requirements of the revised code of the City of St. Louis required for primary nominations, except that the time limitation contained in the aforesaid revised code of the City of St. Louis shall not be observed. The certification herein provided shall be delivered to the board of election commissioners by the aforesaid several city central committees and by said board shall be receipted, not less than thirty (30) days before the date of the special election. Persons desiring to stand for election as non-partisan candidates shall file nomination petitions signed in the aggregate for each candidate by ten percent (10%) of the qualified voters in the respective ward who voted at the next preceding mayoral general election. The primary and general elections to fill aldermanic vacancies otherwise than herein provided, shall be subject to all other existing city and state laws pertaining to the provisions for and conduct of elections in the City of St. Louis.

(b) All provisions of the city charter and ordinances and rules thereunder, or parts thereof, inconsistent with this amendment are hereby repealed.

City Counselor Ops.: 9462, 9720, 9843, 9863

Cases:

When the president of the board of aldermen becomes mayor, the office of president is temporarily vacant and the provisions of this section for filling a vacancy do not apply. State v. Barrett, 180 S.W. 2d 730, 352 Mo. 1076 (1944).

History:

Submission Ordinance No. 52897

Submission Ordinance Approved December 10, 1964.

Amendment Substance: repealing Section 5 and enacting a new Section 5, relating to filling vacancies of unexpired terms of members of the Board of Aldermen requiring filling by election at next City general election to be held not less than 60 days after occurrence of the vacancy, empowering Board of Aldermen, by majority vote, to appoint a person of same political party to serve until a person to fill vacancy is elected; and upon the Board's failure to call election, the Mayor by proclamation to call special election within specified time limits.

Voter Adoption Date: April 6, 1965.

Submission Ordinance No. 56672

Submission Ordinance Approved February 22, 1974.

Amendment Substance: repeal of Section 5, as amended, and enact new Section 5, changing the time requiring election to fill vacancies in the Board of Aldermen from 60 days to 180 days before a next City general election, establishing nomination requirements of candidates to fill vacancies; omitting the Mayor's function for calling special election upon failure of the Board of Aldermen; and specifying the application of Missouri election statutes as applicable.

Voter Adoption Date: August 6, 1974.

Section 6 Vice-president, clerk and other officers and employees.

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.

City Counselor Ops.: 9843, 10224

Cases:

When the vice-president rills the office of president which was left vacant, the vice-president becomes president. State v. Nolte, 180 S.W. 2d 740, 352 Mo. 1069 (1944).

Section 7 Board to be judge of qualifications of members; quorum.

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 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.

City Counselor Ops.: 9843, 9857

Cases:

The circuit court is not precluded from determining the qualifications of a member of the board of aldermen by writ of quo warranto. State v. Harris, 363 S.W. 2d 580 (1962).

McQuillin:

13.27--13.36 Quorum and Number of Votes Required to Act

Section 8 Rules of procedure; punitive powers; attendance of witnesses; journal; publication of proceedings.

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 two-thirds 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 [of] 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.

City Counselor Ops.: 8768, 9230, 9843, 10122

Cases:

The board of aldermen or a committee thereof has the power to subpoena the president of a public service corporation. Ex parte Holman, 191 S.W. 1109, 197 Mo. App. 70 (1917).

Editor's Note: The word "[of]" has been inserted for clarification.

McQuillin:

13.37--13.52 Proceedings

Section 9 General and special sessions.

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 to change of place in case of emergency.

City Counselor Ops.: 9857

History:

Submission Ordinance No. 35001

Submission Ordinance Approved April 22, 1926.

Amendment Substance: amending Section 9 relating to general and special sessions of the Board of Aldermen to change the general meetings from "one annually beginning on the third Tuesday of April" to "biennially beginning on the third Tuesday of April of the year (1927), and of each alternate year thereafter."

Voter Rejection Date: August 3, 1926.

Section 10 Enacting style of ordinances.

The style of [every] ordinance shall be: "Be it ordained by the city of St. Louis as follows:"

City Counselor Ops.: 8034

Cases:

Requirements as to form of ordinances are directory and not mandatory. St. Louis Terminals v. City of St. Louis, 535 S.W. 2d 593 (1976).

Requirement of ordaining clause is directory and not mandatory, and omission will not invalidate ordinance. St. Louis Terminals v. City of St. Louis, 535 S.W. 2d 593 (1976).

McQuillin:

Ch. 16 Enactment of Ordinances

Editor's Note: The word "[every]" has been inserted because it was evidently intended.

Section 11 Ordinances to be passed by bill; limitation on amendment.

No ordinance shall be passed except by bill and no bill shall be so amended in its passage as to change its original purpose.

City Counselor Ops.: 8034, 9986, 10130, 10145

Section 12 Revival, amendment and re-enactment of ordinances.

No ordinance shall be revived or re-enacted except by bill setting it forth in full, nor amended except by bill setting forth the ordinance or section amended in full, as amended.

City Counselor Ops.: 8034, 9967, 9986, 10310

Section 13 Bills to contain single subject; exception.

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.

City Counselor Ops.: 8034, 9498, 9733, 9838, 9967, 9986, 10045, 10145

Cases:

The title to an amendatory act that indicates the subject matter of the act amended and the nature and purposes of the amendments is sufficient. City of St. Louis v. United Rys. Co. of St. Louis, 174 S.W. 78, 263 Mo. 387 (1914).

An ordinance that provides for the vacation of a small portion of a street and the widening of the street covered one subject. City of St. Louis v. Senter Commission Co., 84 S.W. 2d 133, 336 Mo. 1209 (1935).

Any doubt about the validity of the title is usually resolved in favor of validity. Ploch v. City of St. Louis, 138 S.W. 2d 1020, 345 Mo. 1069 (1940).

The requirements as to titles for ordinances have no effect on legislative proposals for charter amendments. State v. Kirby, 163 S.W. 2d 990, 349 Mo. 988 (1942).

This section is prospective in character and not retroactive. Driscoll v. Nelson, 170 S.W. 377, 185 Mo. App. 300 (1914).

The ordinance is only invalidated as to the part that was not clearly expressed in the title. City of St. Louis v. Breuer, 223 S.W. 108 (1920).

The title of an ordinance specifying code provisions that were being revised and that the same subject matter was being covered was valid. City of St. Louis v. Bouckaert, 185 S.W. 2d 886 (1945).

The defense of invalidity of an ordinance under this section is deemed waived unless it is raised at the first opportunity. City of St. Louis v. Langeneckert, 210 S.W. 2d 736 (1948).

Neither stating nor failing to state the location of public improvements in the title violates this section. Kirkwood v. City of St. Louis, 351 S.W. 2d 781 (1961).

When the title does not descend into particulars the failure to state details included in the ordinance is not fatal. 508 Chestnut, Inc. v. City of St. Louis, 389 S.W. 2d 823 (1965).

The purpose of this section is to provide for an honest title and prevent deception. 508 Chestnut, Inc. v. City of St. Louis, 389 S.W. 2d 823 (1965).

Seemingly separate subjects may be separate facets of a prime subject. Ruggeri v. City of St. Louis, 441 S.W. 2d 361 (1969).

A special employer tax was held invalid as it was imposed by a bill which violated this section. ACI Plastics, Inc. v. City of St. Louis, 724 S.W. 2d 513 (1987).

Section 14 How committees discharged.

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.

City Counselor Ops.: 8034

Section 15 Amendments to be engrossed.

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.

City Counselor Ops.: 8034

Section 16 Adoption of ordinances.

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.

City Counselor Ops.: 8034, 9732

Cases:

The term "all the members" as used in the Charter refers to the full authorized membership of the Board of Aldermen, not the actual membership of the Board at the time a vote is taken. Braddy v. Zych, 702 S.W. 2d 491 (Mo. App. 1985).

An abstention is not a favorable vote. Braddy v. Zych, 702 S.W. 2d 491 (Mo. App. 1985).

Section 17 Approval or disapproval of ordinances by mayor; reconsideration by board.

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 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.

V.A.M.S.:

82.200 Attestation of ordinances--evidence, when

City Counselor Ops.: 7672, 8034, 9000, 9761

Cases:

A returned bill becomes law even though the date of its approval by the mayor is erroneous or absent. Ex parte Corvey, 287 S.W. 879, 220 Mo. App. 602 (1926).

The term "all the members" as used in the Charter refers to the full authorized membership of the Board of Aldermen, not the actual membership of the Board at the time a vote is taken. Braddy v. Zych, 702 S.W. 2d 491 (Mo. App. 1985).

Section 18 How vote determined; entry in journal.

In all cases under the two next preceding sections the votes 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.

City Counselor Ops.: 8034

Section 19 Effective date of ordinances.

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.

City Counselor Ops.: 8034, 9454

Section 20 Emergency ordinance defined.

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 thereof, 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.

City Counselor Ops.: 8034, 9731, 9732

Cases:

Whether or not a legislative measure is an emergency measure is ultimately a court question. State v. City of St. Louis, 5 S.W. 2d 1080, 319 Mo. 497 (1928).

History:

Submission Ordinance No. 35368

Submission Ordinance Approved November 24, 1926.

Amendment Substance: amending Section 20 relating to emergency measure ordinance.

Voter Adoption Date: April 5, 1927.

Section 21 Ordinances to be numbered and published.

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.

V.A.M.S.:

82.120 Redistricting ordinance to be published

City Counselor Ops.: 8034

Cases:

If only one paper is doing the city publication, publication in more than that one paper is not required. State v. City of St. Louis, 5 S.W. 2d 1080, 319 Mo. 497 (1928).

Section 22 Revision of ordinances.

There shall be a revision of the general ordinances every five years.

Section 23 Legislative and administrative powers of board.

The board of aldermen shall have power by ordinance not inconsistent with this chapter to exercise all the powers of the city and provide all means necessary or proper therefor; also to do all things needful within or without the city or state to protect the rights of the city.

City Counselor Ops.: 8271, 8393, 8400A, 9020, 9330, 9811, 9909, 10130, 10227, 10278, 10446

Cases:

The people retain the right to legislate through the initiative procedure. State v. Miller, 285 S.W. 504, 315 Mo. 41 (1926).

Section 24 Fines and imprisonment.

No fine shall exceed five hundred dollars. Any one 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 therefor, 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 provisions 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 the indeterminate sentence not exceeding one year.

City Counselor Ops.: 8405

Cases:

It is a denial of equal protection to limit punishment to payment of a fine for those who are able to pay it but to convert the fine to imprisonment for those who are unable to pay it. Tate v. Short, 401 U.S. 395, 91 S. Ct. 668, 28 L.Ed. 2d 130 (1971).

St. Louis must provide indigent defendants an opportunity to pay fines in reasonable installments. Hendrix v. Lark, 482 S.W. 2d 427 (1972).

A person who is unable to pay fines despite a good faith effort cannot be incarcerated. Hendrix v. Lark, 482 S.W. 2d 427 (1972).

An indigent defendant may not be incarcerated for nonpayment of fine. Spencer v. Basinger, 562 S.W. 2d 350 (1978).

Hearing should be held to determine defendant's ability to pay before he may be confined for failure to pay fines. Spencer v. Basinger, 562 S.W. 2d 350 (1978).

McQuillin:

Ch. 17 Penalties of Municipal Ordinances

History:

Submission Ordinance No. 55732

Submission Ordinance Approved December 30, 1970.

Amendment Substance: repeal Section 24 relating to fines and imprisonment, and enact a new Section 24, changing the rate at which fines are worked off from $3 to $15 per day or if no labor performed a rate of $5 per day of imprisonment.

Voter Rejection Date: April 6, 1971.

Submission Ordinance No. 63315

Submission Ordinance Approved December 7, 1994.

Amendment Substance: amending Section 24 relating to fines and punishment to increase the maximum fine to one thousand dollars.

Voter Rejection Date: April 4, 1995.

Submission Ordinance No. 63914

Submission Ordinance Approved November 26, 1996.

Amendment Substance: repeal Section 24 relating to fines and enact a new Section 24, changing the amount which the fine shall not exceed from $500 to $1,000.

Voter Rejection Date: April 1, 1997.

Submission Ordinance No. 64298

Submission Ordinance Approved March 20, 1998.

Amendment Substance: repeal Section 24 relating to fines and enact a new Section 24, changing the amount which the fine shall not exceed from $500 to $1,000.

Voter Rejection Date: August 4, 1998.

Submission Ordinance No. 65579

Amendment Substance: to increase fines to $1,000.00.

Voter Rejection Date: November 5, 2002.

Submission Ordinance No. 66276

Submission Ordinance Approved July 23, 2004.

Amendment Substance: change maximum fine from $500.00 to $1,000.00.

Voter Rejection Date: November 2, 2004.

Editor's Note: Ordinance 66940 will submit to the voters on November 6, 2006 a proposition to increase fines to $1,000.00.

Section 25 Expenditures to be pursuant to ordinance; recommendations required.

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.

City Counselor Ops.: 7655, 7660, 7903, 7919, 7928, 8010, 8037, 8046, 8071, 8622, 9450, 10063, 10132, 10224, 10301, 10429

Cases:

The city may appropriate bonds instead of money for public improvements. Jennings v. Kinsey, 271 S.W. 786, 308 Mo. 265 (1925).

Ordinance fixing salaries of class of employees was not an appropriation ordinance. State v. Miller, 285 S.W. 504, 315 Mo. 41 (1926); State v. City of St. Louis, 204 S.W. 2d 234, 356 Mo. 820 (1947).

An ordinance passed for the purposes of condemnation does not necessarily involve the payment of money. City of St. Louis v. Breuer, 223 S.W. 108 (1920).

Establishment of Convention and Tourism Bureau was not inherently inconsistent with Charter requirements relating to appropriations. Ruggeri v. City of St. Louis, 441 S.W. 2d 361 (1969).

Lease agreement executed by city officials without authorization by city did not constitute a legal obligation of the city. Vigran v. Poelker, 433 F.Supp. 168 (1977).

Board of estimate and apportionment did not have discretion to delete or modify certain items included in circuit court's budget estimates without first obtaining relief from Judicial Finance Commission. State ex rel. Twenty Second Jud. Circuit v. Jones, 823 S.W. 2d 471 (Mo.banc 1992).

History:

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 26 Limitations on powers of board.

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; or 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 waterworks; 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.

City Counselor Ops.: 7629, 8188, 8190, 8393, 8517, 8592, 8637, 9280, 9373, 9797, 9823, 9948

Cases:

The term "all the members" as used in the Charter refers to the full authorized membership of the Board of Aldermen, not the actual membership of the Board at the time a vote is taken. Braddy v. Zych, 702 S.W. 2d 491 (Mo. App. 1985).

History:

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

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