[Ord. No. 2524 §1, 1-6-2014]
No person shall be an Alderman unless he/she be at least eighteen (18) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.
State Law Reference—As to when aldermen may be elected at large, §79.060, RSMo.
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
[R.O. 2009 §110.020; CC 1976 §2-109; R.O. 1954 §3]
The Municipal Government of the City shall consist of a Mayor, and a Board of Aldermen composed of two (2) members elected from each ward of the City.
[R.O. 2009 §110.030; CC 1976 §2-110; R.O. 1954 §4]
The Mayor and Board of Aldermen shall have the care, management, and control of the City and its finances, and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same.
[R.O. 2009 §110.040; CC 1976 §2-111; R.O. 1954 §125]
The Mayor and Board of Aldermen shall have no power to release any person from the payment of any tax, or exempt any person from any burden imposed by law unless specifically allowed by law.
[R.O. 2009 §105.030; CC 1976 §2-41; R.O. 1954 §7; Ord. No. 423 §1, 5-6-1968; Ord. No. 1177 §1, 5-7-1984; Ord. No. 1380 §1, 6-6-1988; Ord. No. 1726 §1, 6-2-1997; Ord. No. 2359 §1, 11-16-2009]
The Mayor, with the consent and approval of the majority of the Board of Aldermen, shall, at the regular meeting of said Board held in May following the Mayor's election, appoint a Treasurer, City Collector, City Attorney, City Prosecutor and such other officers as may by ordinance be authorized, who shall hold their respective offices for a term of two (2) years or until their successors shall be appointed and qualified.
[R.O. 2009 §110.050; CC 1976 §2-112; R.O. 1954 §99; Ord. No. 512 §1, 3-2-1970; Ord. No. 1010 §1, 1-21-1980; Ord. No. 1356 §1, 12-21-1987; Ord. No. 1551 §1, 12-20-1993; Ord. No. 1812 §2, 2-16-1999; Ord. No. 2059 §§1—2, 3-29-2004]
The Mayor shall receive salary of two hundred twenty-five dollars ($225.00) for each regular meeting of the Board of Aldermen (two (2) per month) that he/she attends and reimbursable expenses. Payment will be paid out of the City Treasury monthly.
[R.O. 2009 §110.060; CC 1976 §2-113; Ord. No. 1306 §1, 12-15-1986; Ord. No. 1356 §2, 12-21-1987; Ord. No. 1551 §2, 12-20-1993; Ord. No. 1812 §3, 2-16-1999; Ord. No. 2059 §§1—2, 3-29-2004]
Each member of the Board of Aldermen shall receive salary of one hundred twenty-five dollars ($125.00) for each regular meeting of the Board of Aldermen (two (2) per month) that he/she attends and reimbursable expenses. Payment will be paid out of the City Treasury monthly.
[R.O. 2009 §110.070; CC 1976 §2-114; Ord. No. 283 §1, 2-3-1964; Ord. No. 1551 §3, 12-20-1993; Ord. No. 1812 §1, 2-16-1999; Ord. No. 2136 §1, 9-6-2005; Ord. No. 2275 §1, 1-22-2008]
In order to perform the duties of their respective offices, it is necessary for the Mayor and Board of Aldermen to attend various meetings and functions in addition to official City meetings and functions and to incur expenses associated therewith. Compensation, as provided for in Sections 110.050 and 110.060 of this Chapter, shall be the full compensation paid to the Mayor and Board of Aldermen except that attendance at a special event that was directed by the Mayor or Board shall qualify as attendance at the Board meeting. However, additional reimbursement for attendance at meetings, conferences and seminars which may require out of town and/or overnight travel will be provided for expenses only. Should any official be scheduled to attend any such meeting, conference or seminar fail to attend as planned, then prepaid expenses incurred by the City shall be reimbursed by the official unless such reimbursement is waived by the Board of Aldermen. Reimbursement is authorized to be made by withholding any sums due as compensation to that official. Any official attending a special meeting or function shall report back to the Mayor and Board on the event and shall provide copies of any information gathered.
[R.O. 2009 §110.080; CC 1976 §2-115; R.O. 1954 §21; Ord. No. 450 §1, 9-3-1968; Ord. No. 969 §1, 1-15-1979; Ord. No. 2513 §1, 9-23-2013]
Regular meetings of the Board of Aldermen shall be held on the first and third Mondays of each month. All meetings of the Board shall commence at 6:00 P.M. and shall be held in the City Hall. Date, time and place of the meetings may be changed by action of the Board of Aldermen.
[R.O. 2009 §110.090; CC 1976 §2-116; R.O. 1954 §22]
Adjourned meetings may be held whenever the Board of Aldermen shall deem the same necessary.
[R.O. 2009 §110.100; CC 1976 §2-117; R.O. 1954 §23]
The Mayor or person acting as Mayor, or any three (3) members of the Board of Aldermen, shall have the power, and are hereby authorized to call a special meeting of the Board of Aldermen, which shall be in writing, and state the purpose or purposes for which such meeting is called, and the date, time and place of meeting, and by serving a notice in writing on each member of the Board of Aldermen and Mayor, or person acting as Mayor, by delivering to each of them a copy of such notice, if they be found in the City, and if not found, a copy shall be left at the usual place of abode of such absent member of the Board of Aldermen, or absent Mayor, or absent acting Mayor, with some member of his/her family over the age of fifteen (15) years, and such notice shall be written out at length and copied upon the journal or minutes of the Board of Aldermen; provided, that no business other than that specified in such written notice shall be transacted at such special meeting.
[R.O. 2009 §110.110; CC 1976 §2-118; R.O. 1954 §24]
The Mayor shall preside at all meetings of the Board of Aldermen, but shall not vote on any question except in case of a tie, nor shall he/she preside or vote in cases when he/she is an interested party.
[R.O. 2009 §110.120; CC 1976 §2-119; R.O. 1954 §25]
The Board of Aldermen shall elect one of their own members to act in the absence of the Mayor, who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year. When any vacancy shall happen in the office of Mayor by death, resignation, removal from City, removal from office, refusal to qualify, or from any cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy shall be filled, or such disability be removed; or in case of temporary absence, until the Mayor returns; provided, that, while occupying the place of Mayor, the Acting President of the Board of Aldermen shall have a vote in and be allowed the same privileges as other members of the Board of Aldermen.
[R.O. 2009 §110.130; CC 1976 §2-120; R.O. 1954 §26]
The legislative powers of the City Government shall be vested in the Mayor and Board of Aldermen.
[R.O. 2009 §110.140]
The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of Higginsville, 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 Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen 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 Board of Aldermen. 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 Board of Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto, as herein provided.
[R.O. 2009 §110.150; CC 1976 §2-122; R.O. 1954 §27]
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.
[R.O. 2009 §110.160; CC 1976 §2-123; R.O. 1954 §28]
The Board of Aldermen shall cause to be kept a journal of its proceedings and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members.
[R.O. 2009 §110.170; CC 1976 §2-124; R.O. 1954 §29]
The Board of Aldermen shall semi-annually in October and April of each year make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half (½) year ending September thirtieth (30th) and March thirty-first (31st), preceding the date of such report, which account and statement shall be published in some newspaper in the City.
[R.O. 2009 §110.180; CC 1976 §2-126; R.O. 1954 §31]
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved, and shall have power to call on the proper officers of the City, or of Lafayette County, Missouri, to execute such process. The officer making such service shall be allowed to receive such fees as are allowed by law in the Circuit Court for similar services to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
[R.O. 2009 §110.190; CC 1976 §2-127; R.O. 1954 §32]
Depositions of witnesses may be taken and read in behalf of the City and in behalf of the other party or parties in interest, in any matter arising before the Board of Aldermen as in courts of law; provided that such deposition shall be taken under and governed by the rules of law regulating depositions in courts at law.
[R.O. 2009 §110.200; CC 1976 §2-128; R.O. 1954 §5]
The Mayor shall exercise a general supervision over all the officers and affairs of the City, and shall take care that the ordinances of the City, and the State laws relating to such City, are complied with. He/she shall be active and vigilant in enforcing all laws and ordinances, for the Government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty, and is authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws.
[R.O. 2009 §110.210; CC 1976 §2-129; R.O. 1954 §61]
The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City, and shall approve all official bonds, unless otherwise prescribed by ordinance. He/she shall sign all orders, drafts and warrants drawn on the City Treasury for money, and cause the City Clerk to attest the same and affix thereto the Seal of the City, and to keep an accurate record thereof in a book to be provided for that purpose.
[R.O. 2009 §110.220; CC 1976 §2-130; R.O. 1954 §62]
The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
[R.O. 2009 §110.230; CC 1976 §2-131; R.O. 1954 §63]
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.
Editor's Note—At the City's direction this section "Mayor To Assure Oath And Bond" which derived from R.O. 2009 §110.240; CC 1976 §2-132; and R.O. 1954 §64 was deleted prior to the 2010 codification. This section will remain "reserved" for the City's future use.
[R.O. 2009 §110.250; CC 1976 §2-133; R.O. 1954 §33]
It shall be the duty of all the officers of the City to report annually to the Board of Aldermen, such reports to embrace a full statement of the receipts and expenditures of their respective offices, and such other matters as may be required by the Board of Aldermen, by ordinance, resolution or otherwise. Every officer of the City shall, when ordered to do so by the Mayor or Board of Aldermen, exhibit his/her accounts or other papers or records, and make report to the Board of Aldermen in writing touching any matter relating to his/her office.
[R.O. 2009 §100.130; CC 1976 §2-298; R.O. 1954 §115]
It shall be the duty of the Board of Aldermen to carefully examine every claim, and the certificates and endorsements thereon, and if the same be found just and correct, shall allow the same and order a warrant to be issued by the Mayor and countersigned by the City Clerk, and Treasurer, in favor of such claimant, payable out of the City Treasury.