This Plan is hereby declared to be a public act, and all courts shall take judicial notice thereof.
Every officer, member of a board or commission, and head of a department or division shall, before entering upon his duties, take and subscribe, and file with the Secretary-Treasurer an oath or affirmation that he has all the qualifications and is not subject to any of the disqualifications named in this Plan for the office or employment he is about to assume; that he will support the Constitution of the United States and of this state and the Plan and ordinances of the District and that he does not and will not belong to any organization that seeks to overthrow the government of the United States; that he will be influenced only by the consideration of fitness in the appointment, promotion, demotion, suspension, or discharge of officers or employees; and that he will demean himself faithfully in office.
No officer or employee of the District shall use his official position to induce or influence any District contract, sale, purchase, or other transaction in which he has a financial or beneficial interest, and any contract with the District or any sale to or by the District of any land, materials, supplies, or services which is induced or influenced by any financial or beneficial interest of any officer or employee of the District, except on behalf of the District as an officer or employee, shall be voidable. Any wilful violation of this section shall constitute malfeasance in office and any officer or employee found guilty thereof shall thereby forfeit his office or employment.
The District shall not be required to give bond in any judicial proceeding or appeal.
Each Trustee and the Secretary-Treasurer may administer oaths or affirmations in any matter pertaining to the affairs and government of the District.
All existing ordinances, orders, rules, and regulations pertaining to matters which are by this Plan placed under the jurisdiction of the District herein created, shall remain in full force and effect until superseded by ordinances, orders, rules, or regulations of the District.
No action or proceeding, civil or criminal, pending at the time this Plan shall take effect, brought by or against any municipality or sewer district situated within the boundaries of the District, or any office, department, agency, or officer thereof shall be affected or abated by the adoption of this Plan or by anything herein contained.
The existing organization of sewer districts and sewer departments of municipalities within the District shall continue until further provisions applicable thereto shall be provided, as authorized in this Plan.
If any existing municipality, sewer district, or other public agency situated within the District shall on July 1, 1954 have outstanding and unpaid any sewer bonds or liabilities, the creation of the District under this Plan and the transfer and dedication of the sewer systems and facilities of said municipality, sewer district, or other public agency, to the uses and purposes of the District, shall not affect or alter in any way the said bonds and liabilities, nor shall it affect or alter the rights or obligations thereunder. The liability of any municipality, sewer district, or other public agency under any contract for the payment of proportionate parts or shares of the cost of sewer construction or reconstruction work completed or started before July 1, 1954, which liability has accrued and the amount thereof been determined before said date, shall remain in full force and effect and be discharged in the manner provided in such contract. All other liabilities under any such contract shall terminate from and after July 1, 1954. If the District shall at any time use any existing sewage treatment or disposal plant to serve any area or areas not situated within the boundaries of the municipality, sewer district, or other public agency which constructed said plant, and at such time said municipality, sewer district, or other public agency has outstanding and unpaid any bonds which were issued wholly or partly for the construction of said plant, the Board shall ascertain what proportion of the proceeds of such bonds were expended for said plant. Thereafter and until such time as the District shall discontinue the use of said plant, a corresponding proportion of the remaining principal and interest charges on such bonds shall be borne by a subdistrict. Such subdistrict shall be established as provided in this Plan and shall include the area situated within said municipality, sewer district, or other public agency and any other area or areas served by said plant. The Board shall by ordinance impose the taxes or charges within the subdistrict necessary to pay such principal and interest. If the District shall at any time discontinue the use of any existing sewage treatment or disposal plant, and at such time any municipality, sewer district, or other public agency previously owning said plant has outstanding and unpaid any bonds which were issued wholly or partly for the construction of said plant, the Board shall ascertain and determine what proportion of the proceeds of such bonds were expended for said plant, and thereafter a corresponding proportion of the remaining principal and interest charges on such bonds shall be borne by a subdistrict. Such subdistrict shall be established as provided in this Plan and shall include all the area or areas capable of being efficiently served by the sewer facilities the construction of which makes it possible to discontinue the use of said plant. The Board shall by ordinance impose the taxes or charges within the subdistrict necessary to pay such principal and interest. So long as any bonds or liabilities of any such sewer district shall remain unpaid or shall not have been otherwise discharged, the said sewer district shall be continued in existence as heretofore organized under the laws of Missouri for the purpose of paying or discharging such bonds and liabilities and without interruption or diminution of the powers and authority granted to it by law. Any existing sewer district which has no bonds or liabilities on said date, or any sewer district which at any time thereafter pays in full or otherwise discharges its bonds and liabilities, may thereafter be dissolved and the board of trustees of such sewer district shall provide for the disposition of its property and assets.
All ordinances, resolutions, orders, rules, and proceedings of the Board may be proved by the certificate of the Secretary-Treasurer under the District's seal, and the same or copies thereof when so certified or when printed or published by authority of the Board shall be received in evidence in all cases and places and by all courts without further proof. Copies of the books, records, and papers, or parts thereof, of any department, office, commission, or agency of the District when duly certified by the officer having custody and control of any such books, records, and papers shall be prima facie evidence of the recitals therein contained and shall be received in evidence in all places and by all courts without further proof. SECTION 12.110. Appeals from decisions and orders of District officers.Any person or persons jointly or severally aggrieved by any decision or order of the Board or any officer of the District may present to the Circuit Court in the City of St. Louis or the Circuit Court in St. Louis County, as the case may be, a petition, duly verified, setting forth that such decision or order is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision or order in the office of the Board or officer of the District, as the case may be. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board or officer of the District, as the case may be, to review such decision or order of the Board or officer of the District, as the case may be, and shall prescribe the time within which a return thereto may be made and served upon the aggrieved person or his attorney, which shall be not less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision or order appealed from, but the court may, on application, on notice to the Board or officer of the District, as the case may be, and on due cause shown, grant a restraining order. The Board or officer of the District, as the case may be, shall not be required to return the original papers acted upon by it or him, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision or order appealed from, and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision or order brought up for review. Costs shall be allowed as provided by law. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.
If any section, subsection, sentence, clause, or phrase of this Plan is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Plan. The people of the District hereby declare that they would have adopted this Plan, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more of the same shall be declared unconstitutional. | |||||||||||||