Cross References — Elections, ch. 120; airport authority, ch. 140; emergency management, ch. 225; municipal judge, ch. 125, art. II; planning and zoning commission, ch. 415; housing authority, ch. 410; land clearance for redevelopment authority, ch. 410, art. II.
State Law References — Cities of the 3rd class generally, ch. 77, RSMo.; city manager form of government of 3rd class cities, §§78.430, et seq., RSMo.; provisions relative to all cities, §§71.010, et seq., RSMo.
[R.O. 2012 §105.010; CC 1973 §2-1]
Nothing contained in this ordinance and Code of Ordinances shall be construed to repeal or otherwise affect any administrative ordinance of the City not in conflict or inconsistent with the provisions of this ordinance and Code of Ordinances.
[R.O. 2012 §105.020; CC 1973 §2-2]
The City Council shall appoint a City Manager, a City Clerk, City Collector and City Treasurer; the offices of the City Clerk and City Collector may be filled by one (1) person. All other officers and employees of the City shall be appointed and discharged by the City Manager, the Council to have power to make rules and regulations governing the same.
State Law Reference — Similar provisions, §78.600, RSMo.
[R.O. 2012 §105.030; CC 1973 §2-3]
All elective and appointive officers of the City shall, before entering upon the duties of their respective offices, take and subscribe to an oath or affirmation before some court of record in the County, the Municipal Judge, or the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law and the ordinances of the City, that he/she will support the Constitution of the United States, the Constitution of the State, the provisions of all laws of the State affecting the City, and all ordinances of the City, and that he/she will faithfully demean himself/ herself in office, which oath of office shall be filed in the office of the City Clerk.
[R.O. 2012 §105.040; Ord. No. 4887 §1, 5-9-1949; CC 1973 §2-4]
Within fifteen (15) days after their appointment and before entering upon the duties of their respective office, officers of the City as required by the City Council from time to time shall execute and give bond to the City with two (2) or more good and sufficient sureties, or an indemnity company authorized to do business in this State, conditioned for the faithful performance of his/her duties, and that he/she will account for, pay over and deliver all money or property belonging to the City that shall come into his/her hands or possession, or with which he/she shall be properly charged, in the amounts respectively prescribed by the Council.
Such bonds shall be approved by the City Manager as to surety and approved by the City Attorney as to form and legal effect, except that the bond for the City Manager shall be a corporate surety bond and shall be approved by the Mayor as to surety.
[R.O. 2012 §105.050; CC 1973 §2-5]
The City Council shall provide for all offices and positions in addition to those specified in State law or this Code which may become necessary for the proper carrying on of the work of the City.
[R.O. 2012 §105.060; CC 1973 §2-6]
The creation of all offices, positions of employment and salaries which may be provided for by the Council under the provisions of this Code shall be by ordinance and shall be for an indefinite term.
State Law Reference — Compensation of officers, employees, §77.440, RSMo.
[R.O. 2012 §105.070; CC 1973 §2-7]
The Council shall provide office rooms at the City Hall or at some other convenient and suitable place in the City for the transaction of the business of the City and for the convenience of its officers.
[R.O. 2012 §105.090; CC 1973 §2-9]
The person appointed to the office of City Clerk-Collector by the Mayor, with the consent of the Council, shall have the powers, duties and responsibilities as provided by the State law.
State Law Reference — Duties of the city clerk generally, §77.410, RSMo.
[R.O. 2012 §105.100; Ord. No. 88-3-12 §§1 — 3, 3-21-1988]
The City Collector is hereby required to prepare a list of delinquent taxes remaining due and uncollected for each year, to be known as "The Land and Lot Delinquent List".
The list shall contain the following items:
A listing in numerical order of all tracts of land or City lots on which back taxes are due, with a legal description thereof;
Opposite each tract of land, or City lot listed, the name of the owner, if known, and if unknown, the name of the person to whom the lot was assessed.
In appropriate columns, the year or years for which the land is delinquent, the amount of original tax at the time of making the back tax book, the Clerk's fees then due, and the aggregate amount of taxes, assessments, interest and Clerk's fees charged against the land for all years delinquent.
This list shall be returned to the Council by the City Collector for the Council's approval.
[R.O. 2012 §105.110; CC 1973 §2-10]
Whenever for any reason the City Clerk is temporarily unable to attend any meeting of the Council or to perform the duties of his/her office, the Council, by resolution, may appoint a temporary Clerk, who shall have the same power and perform the same duties as the regular City Clerk, and shall receive the same compensation for the time he/she so acts as temporary Clerk, but in no event shall the regular City Clerk and temporary City Clerk receive any pay for the time he/she fails to perform the duties of his/her office as herein provided.
State Law References — Similar provisions, §77.420, RSMo.; city clerk duties generally, §77.410, RSMo.
[R.O. 2012 §105.120; CC 1973 §2-11]
The person appointed to the office of City Treasurer by the Mayor, with the consent of the Council, shall have the powers, duties and responsibilities as provided by State law.
State Law Reference — Duties of city treasurer, §§95.290 — 95.305, 95.325, RSMo.
[R.O. 2012 §105.130; CC 1973 §2-12]
The City Attorney shall be a licensed and practicing attorney.
State Law Reference — Duties of city attorney, §§98.330, 98.340, RSMo.
[R.O. 2012 §105.140; CC 1973 §2-13]
Nothing contained in this Code of Ordinances or in the ordinance adopting this Code of Ordinances shall be construed to repeal or affect any ordinances of the City adopting or providing for social security, retirement and pension funds, and plans, insurance coverage and other benefits for the employees and officers of the City.
[R.O. 2012 §105.150; Ord. No. 6240 §1, 3-6-1972; CC 1973 §2-14; Ord. No. 92-3-5 §1, 3-16-1992]
Due to the handling cost of bad checks a service charge equal to the maximum allowed by State Statute shall be collected before said check can be redeemed.
[R.O. 2012 §105.155; Ord. No. 10-06-05 §1, 6-7-2010]
Taxes assessed and levied on all property, both real and personal, occupation and business license fees and taxes, and building permit and inspection fees due to the City may be paid by credit card, debit card, or electronic transfer provided that the person making such payment pay a service charge of three dollars ($3.00) for each payment.
[R.O. 2012 §105.160; Ord. No. 6395 §1-3, 5-6-1974]
The Retention Manual is adopted as though fully set out herein and is on file and available for inspection in the office of the City Clerk.
The office of the City Clerk is given the responsibility, and authority to carry out the provisions of the manual.
All departments and boards of the City are to comply with the manual and its provisions through the office of the City Clerk.
[R.O. 2012 §105.170; Ord. No. 6644 §1, 10-3-1977]
The position of Director, Police and Fire Services is hereby abolished and the positions of Police Chief and Fire Chief re-established.
[R.O. 2012 §105.190; Ord. No. 91-4-4 §§2 — 3, 4-1-1991]
The Electric Power and Light Department shall be headed by the City Manager. This department shall have such other personnel as may, from time to time, be authorized by the City Council, and such of the regular City offices and employees as may, from time to time, be detailed for duty therein by the City Manager.
The Electric Power and Light Department shall be responsible for the development and administration of municipal electric utility activities as authorized by Chapter 19, RSMo.
[R.O. 2012 §105.200; Ord. No. 6696 §§1 — 3, 8-7-1978]
Generally. The Industrial Development Authority is hereby established and shall conform to applicable regulations, now or hereinafter in effect, as promulgated by the City Council of the City of Excelsior Springs or any other governmental authority having jurisdiction therein.
Board Of Directors, Qualifications, Etc. The corporation shall have a board of directors in which all the powers of the corporation shall be vested and which shall consist of any number of directors, not less than five (5), all of whom shall be duly qualified electors of and taxpayers in the City. The directors shall be resident taxpayers for one (1) year immediately prior to their appointment. No director shall be an officer or employee of the City. All directors shall be appointed by the chief executive officer of the City with the advice and consent of a majority of the City Council.
Powers Of Corporation. The corporation is hereby granted and may exercise all powers necessary or appropriate to carry out and effectuate its purposes, as set out in Section 349.050, RSMo.
City Not Liable. Bonds and notes issued under Section 349.080, RSMo., by a corporation created by or pursuant to Sections 349.010 to 349.100, RSMo., shall not be a debt of the City.
State Law Reference — Similar provisions, ch. 349, RSMo.
[R.O. 2012 §105.220; Ord. No. 82-8-5 §§I — II, 8-16-1982; Ord. No. 08-9-2 §4, 9-2-2008]
Appointment Of Directors. The Mayor, with the approval of the City Council, shall appoint a Board of five (5) Directors which shall be composed of the Mayor and one (1) person from each of the four (4) districts to be designated by the City Council.
Term Of Office. The Directors shall hold office for two (2) years, effective October, 1982 through September 30, 1984. The Mayor may, by and with the consent of the City Council, remove any Director for misconduct or neglect of duty. Commencing September 30, 2009, and on September thirtieth (30th) of each year thereafter, members of boards shall be appointed or reappointed for terms expiring on September thirtieth (30th), with the length of the term determined at the time of appointment or reappointment to accomplish, to the greatest degree possible, a staggered expiration of terms on each board.
Organization And Power.
Said Directors shall immediately after appointment, meet and organize by the election of one (1) of their members, Chairperson, one (1) Vice-Chairperson and one (1) Secretary, who shall hold office for one (1) year. They shall make and adopt such by-laws, rules and regulations for their guidance and for the government of the Authority as may be expedient, not inconsistent with the ordinances of the City or the laws of the State of Missouri. The Authority's by-laws, rules, and regulations shall be submitted to the City Council for their consideration and approval. A majority of said Authority shall constitute a quorum for transaction of business, but any actions or acts to be made by said Authority can only be done when three (3) members of said commission vote in favor of said act or action.
The Authority shall act in an advisory capacity in the development and operation of the Local Mass-Transportation System, including the construction, reconstruction, repair and maintenance of streets, roads and bridges within the City limits. The Authority shall hold regular meetings and special meetings as they provide by rule, and shall keep a record of it's proceedings. These records shall be public records. The expenditures of the Authority shall be within the amount received in the Transportation Trust Fund.
Editor's Note: Ord. no. 08-9-2 has established terms for this board of mass-transportation system authority to be uniform with the terms of other boards and commissions with terms commencing September 30, 2009.
[R.O. 2012 §105.230; Ord. No. 04-1-2 §§I — II, 1-20-2004]
City Clerk/Deputy Clerk To Keep Records. The records of the City shall be kept in the custody of the City Clerk and/or Deputy City Clerk. For purposes of this Section, the word "public record" shall be as defined in Section 130.010 of this Code.
Destruction Of Records And Non-Record Materials.
All records made or received by or under the authority of, or coming into the custody, control or possession of City Officials in the course of their public duties are the property of the City and shall not be destroyed or otherwise disposed of, in whole or in part, except as provided by law.
No record shall be destroyed or otherwise disposed of unless it has been determined that the record has no further administrative, legal, fiscal, research or historical value.
Records of the City may be disposed of or destroyed without the approval of the Missouri Local Records Board if the same is permitted by the Missouri Municipal Records Manual.
Non-records do not require retention scheduling or destruction authorization or reporting. To control excessive accumulation, it is necessary to keep only current, useful materials and to destroy non-records immediately after needs have been satisfied.
If records are destroyed or donated to a local historical agency, such action should be recorded in the City Council minutes with all information related to the records and records' dates.
[R.O. 2012 §105.240; Ord. No. 10-3-2 §1, 3-1-2010]
Created. There is hereby created the Enhanced Enterprise Zone Board organized pursuant to Sections 135.950 through 135.970, RSMo., as amended.
Membership — Terms.
The Board shall have seven (7) members comprised as follows:
The school district member and the affected taxing district member shall each have initial terms of five (5) years. Of the five (5) members appointed by the Mayor and Council, two (2) shall have initial terms of four (4) years, two (2) shall have initial terms of three (3) years and one (1) shall have an initial term of two (2) years. Thereafter, members shall serve terms of five (5) years. Each commissioner shall hold office until a successor has been appointed. All vacancies shall be filled in the same manner as the original appointment. For inefficiency or neglect of duty or misconduct in office, a member of the board may be removed by the applicable appointing authority.
Functions And Duties. The functions and duties of the Board shall include:
Advise the City Council on the designation of the enhanced enterprise zone and any other advisory duties as determined by the City Council.
Review and assess zone activities, once the designation of the zone has been completed.
Submit an annual report to the Missouri Department of Economic Development Director regarding the status of the zone and business activity therein as set forth in Section 135.960, RSMo.
A majority of the members shall constitute a quorum of such Board for the purpose of conducting business and exercising the powers of the Board and for all other purposes. Action may be taken by the Board upon a vote of a majority of the members present.
The members of the Board annually shall elect a Chair from among the members.