HomeMy Public PortalAboutExhibit RC 125 - Article VI of Missouri ConstitutionExhibit RC 125
Missouri Constitution
Article VI
LOCAL GOVERNMENT
Section 30a
August 28, 2014
Powers conferred with respect to intergovernmental relations --
procedure for selection of board of freeholders.
Section 30(a). 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.
Source: Const. of 1875, Art. IX, § 26 (as adopted Nov. 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, 109 S.Ct. 2324.