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and exercise all the functions of the board of aldermen and city council as heretofore constituted. Said board shall consist of twenty members, two to be elected in each ward; and no person shall be eligible who shall not have resided three years in the State of Missouri, and be a resident of the ward from which he is elected, and be a citizen of the United States and of the State of Missouri, or who shall be delinquent in the payment of taxes or other dues to the city. (e) II. On the first Monday of April, 1860, and every year Councilmen, when thereafter, each ward in the city shall elect one council- elected, term of man, who shall hold his office for two years, so that onehalf of the members of the common council shall be elected

in each year. (f)

service, &c.

man vacated. when.

III. If any councilman shall, after his election, remove office of councilfrom the ward for which he was chosen, his office shall be thereby vacated. (g)

elected.

ficers of the board.

IV. The board of common council shall elect one of their Presiding officer number to be president of the board, and may appoint a clerk and such other officers, servants, and agents, as they Clerk and other of shall deem necessary in the transaction of their business. (g) V. The board shall be the judge of the elections, returns, Election of memand qualifications of its own members, and shall determine ined. contested elections. (g)

bers how determ

to do business.

VI. The majority of the board shall constitute a quorum Quorum necessary to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the board may prescribe. (g)

expulsion of mem

VII. The board may determine the rules of its proceed- Rules of the board; ings; punish its members for disorderly behavior, and, with bers. the concurrence of two-thirds of all the members elected, expel a member, but not a second time for the same of fense. (g)

(e) Sec. 3, act of March 14, 1859, p. 213.

(f) Sec. 4, act of March 14, 1859, p. 214.

(9) Sec. 5, 7, 9, 10 & 11, of art. 2, of act of March 3, 1851, as amended by sec. 3, of act of March 14, 1859, p. 213.

Journal of pro

ceedings what to

published.

VIII. The board shall cause a correct abstract of its pro

contain and how ceedings to be made out and published in two of the newspapers of the city. This abstract shall present the substance of all the petitions, memorials and remonstrances, of all motions and propositions, and of all bills, resolutions and orders, so as to exhibit their nature and import; and shall also present a brief and accurate statement of all proceedings in relation thereto. The communications of the mayor and other city officers shall be published in full in the papers publishing the proceedings of the board; but the board shall so order as not to incur the expense of publishing the same document a second time. (h)

Councilmen disqualified from holding office.

Vacancies how filled.

Councilmen to make oath.

New election in case of a tie.

Stated sessions of the council.

Yeas and nays to be entered on the journal, when.

IX. No councilman shall, during the term for which he was elected, be appointed to any office under the city. (i) X. All vacancies that shall occur in the board shall be filled by election, in such manner as shall be provided for by ordinance. (i)

XI. Each councilman shall, before entering on the duties. of his office, take an oath that he will support the constitution of the United States and of this State, and the provisions of this charter, and that he will faithfully demean himself in office. (i)

XII. Whenever there shall be a tie in the election of councilman, the judges of elections shall certify the same to the mayor, who shall immediately thereupon issue his proclamation, stating such facts and ordering a new election. (i)

XIII. There shall be two stated sessions of the board of common council every year, and they shall be held on the second Mondays of May and October, at such places as shall be prescribed by ordinance. (i)

XIV. Upon the passage of all bills appropriating money or bills imposing taxes, increasing, lessening, or abolishing licenses, and of bills borrowing money, and on any question at the desire of two members present, the yeas and nays shall be entered on the journals. (i)

(h) Sec. 5, act March 14, 1859, p. 214.

(i) Art. 2, secs. 14, 15, 16, 17, 18, 19 & 21, of act March 3, 1851, as amended by act of March 14, 1859.

A majority vote

necessary to pass

certain bills.

XV. A concurrent vote of a majority of all the members elect of the common council shall be necessary to pass a tax bill, bills appropriating money for any purpose, and bills in anywise increasing or diminishing the city revenue. (ii) XVI. No bill shall be passed without being read on three Bills to be read on separate days. (j)

XVII. No money shall be expended, nor shall any improvement be ordered, involving an expenditure of money, except by ordinance, the provisions of which shall be specific and definite. (k)

XVIII. Every bill which shall have been passed by the council shall, before it becomes a law, be presented to the mayor for his approbation. If he approve, he shall sign it; if not, he shall return it with his objections, to the board, which objections shall be entered at large on the journal, and the bill be reconsidered. (k)

XIX. If, after such reconsideration, two-thirds of all the members elected to the board shall agree to pass the same, it shall become a law. (k)

XX. In all such cases the votes of councilmen shall be taken by yeas and nays, and entered on the journals of the board. (k)

three separate days.

No money to be

expended except

by specific ordi

nance.

Bills to be approv

ed by the mayor;

he may reject bills.

After reconsideramay pass a bill.

tion, two-thirds

Yeas and nays to be entered on jour

nal.

Bills may become turned by the

law when not re

mayor, when.

XXI. If any bill shall not be returned by the mayor in five days, Sundays excepted, after it shall have been presented to him for his approbation, the same shall become a law in the same manner as if he had approved and signed it. (k) XXII. The style of the ordinances of the city shall be, style of ordinan"Be it ordained by the common council of the City of St. Louis." (k)

XXIII. All ordinances passed by the council shall, within five days after they become laws, be published in two newspapers published in the City of St. Louis. (k)

XXIV. All ordinances of the city may be proven by the seal of the corporation, and when printed and published in

(ii) Sec. 25, act Mar. 14, 1859, amended by sec. 13, act May 13, 1861, p. 243. (Sec 10, act March 14, 1859, p. 215.

(k) Sec. 4, 5, 6, 7, 8, 10, 11, 12, of act March 3, 1851, p. 156, as amended by act of March 14, 1859, p. 214.

ces.

Ordinances to be

published within

Eve days.

Ordinances to be rate seal.

proven by corpo

Powers of the mayor and common

council.

book form, and purporting to be so printed and published by authority of the corporation, the same shall be received in evidence in all courts and places, without further proof. (k)

LEGISLATIVE POWERS.

I. The mayor and common council shall have power within the city, by ordinance: (1)

First-To levy and collect taxes, not exceeding one per
centum, upon all property made taxable by law for
State purposes; and the general and special taxes
levied by the city upon property, in conformity with
the laws of the State and the ordinances of the city,
shall constitute a lien upon the property upon which
they are levied until paid; and the city is hereby
authorized and empowered to provide by ordinance
for enforcing the payment of taxes by proceeding
against the property taxed under the lien aforesaid or
by action of debt against the delinquent tax-payers in
any court of competent jurisdiction, or by both of said
procedures. (m)

Second-To borrow money on the credit of the city.
Third-To appropriate money and provide for the payment
of the debt and expenses of the city.

Fourth-To make regulations to prevent the introduction

of contagious diseases into the city; to make quaran-
tine laws for that purpose, and enforce the same
within ten miles of the city.

Fifth-To establish hospitals and make regulations for the
government thereof.
Sixth-To make regulations to secure the general health
of the inhabitants, and to prevent, remove, and abate
all nuisances, at the expense of the owners or occu-
pants, or the parties upon whose grounds they exist;
also, to constitute a board of health, to consist of five

(1) Art. 3, sec. 2, act March 3, 1851, p. 151.

(m) Art. 3, sec. 2, act March 3, 1851, p. 151, as amended by sec. 11 of act of March 14, 1859, p. 215.

members, who shall be elected by the common council, and hold their offices respectively for the term of one year; said members to be elected from the members of the common council; said board shall perform such duties and receive such compensation as may be prescribed by ordinance: Provided, however, the health officer shall be ex-officio a member of said board, but shall receive no additional compensation for his services as such member. (n)

Seventh-To provide the city with water, and to erect hy

drants, fire-plugs and pumps in the streets, within or beyond the boundaries of the city, for the convenience of the inhabitants of the city and environs. Eighth-To open, alter, abolish, widen, extend, establish, grade, pave, or otherwise improve, clean, and keep in repair, streets, avenues, lanes and alleys, wharves and public grounds and squares; but the mayor and common council shall not establish nor open a street, lane, avenue, or alley, through the grounds lying and being situate between Ninth street and Eleventh street, and Washington avenue and Green street, without the written assent of the proprietors of the St. Louis University, so long as the building now used as a university remains erected thereon; and they shall have no power to open or cause to be opened, to extend or cause to be extended, Sixth street, or any other street or lane, through the grounds now enclosed and occupied by the Sisters of the Sacred Heart, and upon which their convent is located, it being designed to protect them in the enjoyment of the garden and pleasure grounds attached to said convent. (o)

Ninth-To establish, erect, and keep in repair, bridges, culverts, and sewers, and regulate the use of the same; to establish, alter, and change, the channel of

(n) Sec. 21, act March 14, 1859, p. 219.
(0) Act February 11, 1847, p. 136.

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