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Effective 27 Feb 1945, see footnote bottom

  VI Section 30(b).  Appointment of member by governor — meetings of board — vacancies — compensation and reimbursement of members — preparation of plan — taxation of real estate affected — submission at special elections — effect of adoption — certification and recordation — judicial notice. — Upon certification of the filing of such similar petitions by the officials in general charge of elections of the city and the county, the governor shall appoint one member of the board who shall be a resident of the state, but shall not reside in either the city or the county, who shall be given a certificate of his appointment signed by the governor and attested by the seal of the state.  The freeholders of the city and county shall fix reasonable compensation and expenses for the freeholder appointed by the governor and the cost shall be paid equally by the city and county.  The appointment of the board shall be completed within thirty days after the certification of the filing of the petition, and at ten o'clock on the second Monday after their appointment the members of the board shall meet in the chamber of the board of aldermen in the city hall of the city and shall proceed with the discharge of their duties, and shall meet at such other times and places as shall be agreed upon.  On the death, resignation or inability of any member of the board to serve, the appointing authority shall select the successor.  The board shall prepare and propose a plan for the execution of the powers herein granted and for the adjustment of all matters and issues arising thereunder.  The members of the board shall receive no compensation for their services as members, but the necessary expenses of the board shall be paid one-half by the county and one-half by the city on vouchers signed by the chairman of the board.  The plan shall be signed in duplicate by the board or a majority thereof, and one copy shall be returned to the officials having general charge of elections in the city, and the other to such officials in the county, within one year after the appointment of the board.  Said election officials shall cause separate elections to be held in the city and county, on the day fixed by the freeholders, at which the plan shall be submitted to the qualified voters of the city and county separately.  The elections shall not be less than ninety days after the filing of the plan with said officials, and not on or within seventy days of any state or county primary or general election day in the city or county.  The plan shall provide for the assessment and taxation of real estate in accordance with the use to which it is being put at the time of the assessment, whether agricultural, industrial or other use, giving due regard to the other provisions of this constitution.  If a majority of the qualified electors of the city voting thereon, and a majority of the qualified electors of the county voting thereon at the separate elections shall vote for the plan, then, at such time as shall be prescribed therein, the same shall become the organic law of the territory therein defined, and shall take the place of and supersede all laws, charter provisions and ordinances inconsistent therewith relating to said territory.  If the plan be adopted, copies thereof, certified to by said election officials of the city and county, shall be deposited in the office of the secretary of state and recorded in the office of the recorder of deeds for the city, and in the office of the recorder of deeds of the present county, and the courts of this state shall take judicial notice thereof.

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Source: Const. of 1875, Art. IX, § 26 (Adopted November 4, 1924).

(1954) Where governor did not appoint nineteenth member of board of freeholders within thirty days as required by this section, his appointment on 67th day was valid. State on Inf. Dalton v. Dearing, 364 Mo. 475, 263 S.W.2d 381.

(1955) Sewer district formed under this section held properly given power to tax tangible personal property as well as real estate. State on Inf. Dalton v. Metropolitan St. L. Sewer Dist. (Mo.), 275 S.W.2d 225.

(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 27 Feb 1945 >

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