VI Section 30(a). Powers conferred with respect to intergovernmental relations — procedure for selection of board of freeholders. — The people of the city of St. Louis and the people of the county of St. Louis shall have power (1) to consolidate the territories and governments of the city and county into one political subdivision under the municipal government of the city of St. Louis; or, (2) to extend the territorial boundaries of the county so as to embrace the territory within the city and to reorganize and consolidate the county governments of the city and county, and adjust their relations as thus united, and thereafter the city may extend its limits in the manner provided by law for other cities; or, (3) to enlarge the present or future limits of the city by annexing thereto part of the territory of the county, and to confer upon the city exclusive jurisdiction of the territory so annexed to the city; or, (4) to establish a metropolitan district or districts for the functional administration of services common to the area included therein; or, (5) to formulate and adopt any other plan for the partial or complete government of all or any part of the city and the county. The power so given shall be exercised by the vote of the people of the city and county upon a plan prepared by a board of freeholders consisting of nineteen members, nine of whom shall be electors of the city and nine electors of the county and one an elector of some other county. Upon the filing with the officials in general charge of elections in the city of a petition proposing the exercise of the powers hereby granted, signed by registered voters of the city in such number as shall equal three percent of the total vote cast in the city at the last general election for governor, and the certification thereof by the election officials to the mayor, and to the governor, then, within ten days after the certification the mayor shall, with the approval of a majority of the board of aldermen, appoint the city's nine members of the board, not more than five of whom shall be members of or affiliated with the same political party. Each member so appointed shall be given a certificate certifying his appointment signed by the mayor and attested by the seal of the city. Upon the filing with the officials in general charge of elections in the county of a similar petition signed by registered voters of the county, in such number as shall equal three percent of the total vote cast in the county at the last general election for governor, and the certification thereof by the county election officials to the county supervisor of the county and to the governor, within ten days after the certification, the county supervisor shall, with the approval of a majority of the county council, appoint the county's nine members of the board, not more than five of whom shall be members of or affiliated with the same political party. Each member so appointed shall be given a certificate of his appointment signed by the county supervisor and attested by the seal of the county.
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Source: Const. of 1875, Art. IX, § 26 (Adopted November 4, 1924) (Amended November 8, 1966).
(1955) Plan for sewer district adopted under this section properly included provision for imposing duties on county and city officers in assessment, levy and collection of taxes. State on Inf. Dalton v. Metropolitan St. L. Sewer Dist. (Mo.), 275 S.W.2d 225.
(1955) The words "functional administration" as used in subdivision (4) means administration of such services so as to make them function properly for the purposes for which they were intended. Sewer district formed may be given all areas reasonably necessary and powers to condemn, incur debts, issue bonds and tax anticipation notes and may take over existing sewers. State on Inf. Dalton v. Metropolitan St. Louis Sewer Dist. (Mo.), 275 S.W.2d 225.
(1964) Provision of plan of Metropolitan Sewer District providing district with power to sue and be sued, in absence of specific provision that district would be liable on tort claims, held not to authorize action for damages for negligence or nuisance. Court suggested possibility plaintiffs might proceed under procedure known as inverse condemnation under Art. I, § 26 of Const. Page v. Metropolitan St. Louis Sewer District (Mo.), 377 S.W.2d 348.
(1989) Provision that board of freeholders be property owners violates equal protection clause of Federal Constitution. Quinn v. Millsap, 491 U.S. 95.
(1990) Provision authorizing appointment of "freeholders" to board is violation of equal protection clause of Federal Constitution. Unconstitutional portion is severable and remainder of section is valid. Millsap v. Quinn, 785 S.W.2d 82 (Mo. banc).
---- end of effective 08 Dec 1966 ----
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