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City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents
[R.O. 2012 §110.130; CC 1973 §2-43]
Except as otherwise provided in this Article, the conduct and procedures of the meetings of the Council shall be governed by Robert's Rules of Order.
[R.O. 2012 §110.140; CC 1973 §2-44]
Three (3) members of the Council shall constitute a quorum to do business.
[R.O. 2012 §110.150; Ord. No. 1513 §2, 5-14-1912; CC 1973 §2-45]
A. 
All proceedings of the Council shall be conducted in an orderly fashion. Each meeting, regular or special, shall be conducted in the following order:
1. 
Call to order,
2. 
Roll call,
3. 
Minutes of prior meeting or meetings (at special meetings the reading of minutes may be waived),
4. 
Consideration of agenda,
5. 
Meeting continues in accordance with the agenda.
B. 
Prior to each meeting a "tentative agenda" shall be prepared by the City Manager. At the meeting the tentative agenda shall be presented as provided above and when approved shall be followed throughout the balance of the meeting.
[R.O. 2012 §110.160; CC 1973 §2-46]
Every resolution, bill and ordinance shall be reduced to writing before action thereon.
[R.O. 2012 §110.170; CC 1973 §2-47]
It shall be the duty of the Council to pass all ordinances and other measures conducive to the welfare of the City and to the proper carrying out of the provisions of this Code.
[R.O. 2012 §110.180]
The style of the ordinances of the City shall be: "Be it ordained by the Council of the City of Excelsior Springs, as follows:
"No ordinance shall be passed except by bill and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Council shall vote therefor, and the "ayes" and "nays" shall be entered on the journal. Every proposed ordinance shall be introduced to the Council in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Council. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Council. No bill shall become an ordinance until it shall have been signed by the officer presiding at the meeting of the Council at which it shall have been passed. When so signed, it shall be delivered to the Mayor for his/her approval and signature, or his/her veto.
[R.O. 2012 §110.190; CC 1973 §2-49]
No question shall be stated by the chair unless first moved nor shall be open for consideration or discussion until stated by the presiding officer.
[R.O. 2012 §110.200; CC 1973 §2-50]
When a question is under debate, no motion shall be in order, except to adjourn, lay on the table, to postpone, to refer or amend; which several motions shall have precedence in the order in which they are arranged in this Section.
[R.O. 2012 §110.210; CC 1973 §2-52]
No action of the Council shall be valid unless at least three (3) members shall vote in favor of such action.
[R.O. 2012 §110.220; CC 1973 §2-53]
Upon every vote on a resolution, and upon the final passage of a bill, the roll shall be called and the vote recorded.
[R.O. 2012 §110.230; CC 1973 §2-54]
Upon passage or adoption of any resolution, bill or ordinance, the same shall be signed by the Mayor, or in his/her absence, by the Mayor Pro tem.
[R.O. 2012 §110.232; Ord. No. 91-11-3 §§I — VI, 11-4-1991; Ord. No. 97-10-9 §I, 10-20-1997]
A. 
Criteria For Consideration.
1. 
It is the policy of the City Council that persons appointed to serve on City Boards and Commissions shall be the best qualified and shall be selected with reference to their fitness for such appointment.
2. 
Fitness to serve is determined by the qualifications established by State Statute and/or City ordinances, as well as an individual's knowledge of and involvement in municipal and civic activities of the City and of the subject matter normally considered by such Commission or Board. As a secondary consideration, when vacancies occur, the City Council may take into consideration the geographical area of the City where applicant resides, in order to ensure a balanced representation of the City on each advisory Commission and Board.
3. 
It is the policy of the City Council that the following procedures shall be used to fill vacancies on City Commissions and Boards.
B. 
Declaration And Announcement Of Vacancy.
1. 
Upon notice that a Commission or Board office has been or shall be vacated, the City Manager shall promptly notify the City Council of such occurrence and schedule the matter for Council review and action.
2. 
Upon receipt of notice, the City Council shall acknowledge such vacancy, or anticipated vacancy, and declare the office to be vacant, effective at such time as determined by the Council.
3. 
Upon Council's declaration that a Commission or Board office is vacant, the City Manager shall prepare and post appropriate public notices to announce the vacancy and solicit applications.
C. 
Applications.
1. 
Applications for Commission or Board appointments shall be submitted on forms provided by the City Manager, and made available at City offices. A separate application may be made for each Commission or Board to which applicant is seeking appointment.
2. 
Applications shall be submitted to the City Manager and dated upon receipt. Applications shall be maintained by the City Manager in an active status for a period of one (1) year, after which time they shall be placed in an inactive status.
D. 
Forwarding Of Applications For Consideration.
1. 
Within a reasonable amount of time following the vacancy announcements, the City Manager shall forward to Council all active applications on file for the Commission or Board vacancy. Normally, such applications will be forwarded within the Council Agenda packet. Applications received by the City Manager after such time, but before the appointment is made, shall also be forwarded immediately to the Council.
2. 
If an application is in an inactive status, the City Manager shall verify whether or not the applicant remains interested in and available for appointment. If the applicant remains interested and available, his or her application shall be reactivated and forwarded for Council consideration; if no longer interested or available, or unable to be contacted, his or her application will be withdrawn.
3. 
The Mayor shall nominate an applicant from among the applications and may interview the applicants or appoint a committee to select and nominate an individual from among those interviewed; or the Mayor may solicit further applications if appropriate.
E. 
Council Appointment.
1. 
All appointments and reappointments shall require nomination by the Mayor, followed by a roll call vote for each nominee, and require an affirmative vote of not less than three Council members.
2. 
When appointment is scheduled for Council consideration, one (1) of the following actions may be taken:
1. 
Council may confirm or deny the Mayor nomination;
2. 
Council may table the appointment for action at a later date, and solicit further applications if appropriate.
F. 
Appointment Notification And Orientation.
1. 
Upon appointment of a Commission or Board member, the City Manager shall promptly notify the appointee either by telephone or in person. In addition, the City Manager shall prepare a formal letter of notification and congratulations on behalf of the Council.
2. 
The City Manager shall conduct an orientation meeting with each new Commission or Board member. Each new appointee shall be provided with a "Handbook for City Commission and Board Members" and other pertinent documents to assist the appointee in the performance of his or her new duties and responsibilities. A similar orientation meeting shall then be conducted by the Secretary of the Commission or Board to which the appointment was made.
3. 
Prior to officially assuming and performing his or her new duties and responsibilities, each new appointee shall attend a Council meeting to receive the oath of office.
G. 
Term Of Offices And Reappointments.
1. 
The term of office for all Commission and Board members shall be defined by State Statutes or City ordinance. Members shall not serve more than three (3) full terms on the same Commission or Board, nor serve on more than two (2) Boards or Commissions at a time. Except for removal from office at Council's discretion, or for excessive absences (failure to attend three (3) consecutive meetings without valid reason), and notwithstanding the expiration of the term of offices, all appointees shall continue to serve until such time as the Council declares the office to be vacant and a successor appointed and qualified.
2. 
Approximately one (1) month prior to the expiration of term of offices, the City Manager shall forward, for Council consideration and action, the applications of present appointees and active applications currently on file for each Commission and Board. Upon receipt and review, Council may then either reappoint a Commission or Board member, or declare the office to be vacant and proceed as provided herein.
3. 
Whenever the reappointment of a Board or Commission member is to be reviewed by the City Council. Such reappointment shall be considered individually by a roll call vote of the City Council. Whenever a Board or Commission member fails to gain reappointment, a meeting is to be scheduled with that individual and a representative of the City Council.