[Ord. No. 4913, § 1, 9-3-92]
The board of aldermen shall consist of a mayor and six other
aldermen, each of whom shall be elected for a term of two years and
shall serve until his successor shall be elected, except as otherwise
provided herein to fill vacancies for unexpired terms. Six aldermen
shall be elected, two from each of three wards, by the qualified voters
thereof. Of the first aldermen elected under this charter, the one
from each ward receiving the smaller number of votes shall serve only
until the next regular municipal election. Thereafter, all aldermen
shall be elected for terms of two years, except as provided herein
for elections to fill unexpired terms.
Commencing with the municipal election for aldermen in April,
1993, each alderman shall thereafter be elected for a term of three
years and shall serve until his successors shall be elected, except
as otherwise provided herein to fill vacancies for unexpired terms.
Commencing with the municipal election for mayor in April, 1995, each
mayor shall thereafter be elected for a term of three years and shall
serve until his successor shall be elected, except as otherwise provided
herein to fill a vacancy for unexpired terms. Commencing with the
municipal election for aldermen in April, 1993, the number of consecutive
terms which may be served by each alderman elected in 1993 and thereafter
shall be limited to three consecutive terms. Commencing with the municipal
election for mayor in April, 1995, the number of consecutive terms
which may be served by the mayor elected in 1995 and thereafter shall
be limited to two consecutive terms. For these purposes serving any
part of an unexpired term shall be considered one term of the consecutive
term limit.
[1]
Editor's Note—Section 1 as herein set out was amended
by Ord. No. 4913 § 1, 1-28-92. Said ordinance was ratified
by the qualified voters at an election held Sept. 3, 1992.
The mayor shall be elected by the qualified voters of the city
at large and shall have the same qualifications as are required for
other aldermen. He shall preside at all meetings of the board of aldermen
and shall be recognized as head of the city government for all legal
and ceremonial purposes and by the governor for purposes of military
law, but shall have no regular administrative duties. He shall have
the same right to vote as any other member of the board of aldermen,
but shall have no veto power. The board of aldermen shall also elect
from among the aldermen a mayor pro tempore, who shall act as mayor
in the absence of the mayor. If a vacancy should occur, the mayor
pro tempore shall act as mayor until the vacancy shall be filled as
provided in this charter.
An alderman shall be at least twenty-five years of age, a qualified
voter of the State of Missouri, and a resident of the City of Clayton
for at least two years immediately prior to his election. Aldermen
elected by wards shall be residents of the wards from which they are
elected. Aldermen shall hold no other remunerative position in the
city government during their terms. If an alderman shall cease to
be a resident of the City of Clayton or of the ward by which he was
elected or shall otherwise cease to possess these qualifications,
or shall be convicted of a crime involving moral turpitude, his office
shall immediately become vacant.
Each alderman shall receive twenty-five dollars for each regular
or special session of the board attended, but no member shall receive
more than one thousand dollars in any one year of service. In addition
to his compensation as an alderman the mayor shall receive one thousand
dollars annually. The board of aldermen may by ordinance alter the
compensation of the mayor and other aldermen, but such change shall
not apply during the terms they are serving at the time the change
is adopted.
In case of a vacancy in the office of mayor or other alderman,
the board of aldermen shall make arrangements for a special election
to fill such vacancy for the unexpired term, except that if a vacancy
occurs within one hundred twenty days immediately prior to the next
regular municipal election, a successor shall be elected at such regular
election.
The board of aldermen shall determine by ordinance its own rules
and order of business. It shall keep a journal of its proceedings,
which shall be open to public inspection. The board shall be the judge
of the election returns and the qualifications of its members, and
may punish its members for disorderly behavior. A majority shall constitute
a quorum to do business, but a smaller number may adjourn from day
to day and may compel the attendance of absent members in such manner
and under such penalties as the board may provide.
The affirmative vote of a majority of the members of the board
shall be necessary to adopt any ordinance, resolution or motion. The
"ayes" and "nays" on any question shall, at the request of any member,
be entered in the journal, and the "ayes" and "nays" shall be recorded
on the final passage of every ordinance or resolution.
The board of aldermen shall meet regularly, at such times as
its rules may prescribe, but not less frequently than twice each month.
All meetings shall be open to the public and notice of all meetings
shall be given to the public in the manner prescribed by rules of
the board.
In transacting legislative business, whenever the aldermen shall
act by ordinance, the following procedure shall be used: Every ordinance
shall be by bill which shall be in written form, and the enacting
clause shall be: BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF CLAYTON. No bill, except those making appropriations of money and
those codifying or revising existing ordinances, shall relate to more
than one subject, which shall be clearly expressed in the title. Ordinances
making appropriations shall be confined to the subject matter of the
appropriations.
All bills shall be called up for consideration at least twice,
and at least one week shall elapse between the time a bill is introduced
and its final passage, except that bills may be passed on the day
of their introduction by the affirmative vote of all members of the
board who are present.
At the time of its introduction a copy of every bill introduced
shall be provided for each member of the board, and a copy shall be
kept on file in the office of the city clerk where it shall be open
for public inspection until it is finally adopted or fails of adoption.
Prior to the passage of any bill, except those passed on the
day of their introduction by the affirmative vote of all members present,
interested persons shall be given an opportunity to be heard before
the board in accordance with such rules and regulations as the board
may adopt. The board may finally pass a bill with or without amendments,
except that if the board shall make an amendment which, in the opinion
of at least three members of the board, constitutes a change in substance,
the bill as amended shall be placed on file for public inspection
in the office of the city clerk for one additional week.
When passed by the board of aldermen, an ordinance shall be signed by the mayor and attested by the city clerk, shall be immediately filed and thereafter preserved in the office of the city clerk and, except as otherwise provided in the charter, shall be subject to the referendum as provided in Article XII of this charter. Unless otherwise specified in the bill, all ordinances shall become effective immediately upon final passage.
All ordinances of the city of a general and permanent nature
shall be revised, codified, and promulgated according to a system
of continuous numbering and revision as specified by ordinance.
An independent audit made in accordance with recognized municipal
auditing procedures shall be made of all accounts of the city at least
annually, and more frequently if deemed necessary by the board of
aldermen. The audit shall be made by a certified public accountant
or accountants, experienced in municipal accounting and selected by
the board. The results of the audit shall be made public in such manner
as the board of aldermen may determine.
The board of aldermen shall by resolution appoint a city clerk.
The clerk shall keep the journal of the proceedings of the board,
authenticate by his signature all ordinances and resolutions and maintain
them as public records. He shall keep the corporate seal of the city
with which to attest its official acts, and perform such other functions
and duties as may be required by law, by this charter, or by the board
of aldermen. The clerk shall hold office at the pleasure of and receive
compensation as determined by the board of aldermen.
The board of aldermen shall by resolution appoint an officer
who shall have the title of city manager and shall have the powers
and perform the duties provided in this charter. Neither the mayor
nor any other member of the board of aldermen shall receive such appointment
during the term for which he shall have been elected nor within one
year after the expiration of his term. The city manager shall be employed
for an indefinite term. He may be suspended by a resolution which
shall set forth the reasons for his suspension and proposed removal.
A copy of such resolution shall be served immediately upon the city
manager by the city clerk. The city manager shall have ten days in
which to reply in writing, and if he so requests in his reply, he
shall be afforded a public hearing not earlier than ten days nor later
than fifteen days after the hearing is requested. After the public
hearing, if one has been requested, and after full consideration the
board of aldermen by a vote of a majority of its members may adopt
a final resolution of removal.
Neither the board of aldermen nor any of its members shall direct
or request the appointment of any person to office, or the removal
of any person from office by the city manager, or by any of his subordinates,
or in any way interfere with the appointment or removal of officers
or employees of any administrative service of the city. Except for
the purpose of inquiry, unless specifically otherwise provided in
this charter, the board of aldermen and its members shall deal with
the administrative officers and employees solely through the city
manager, and neither the board of aldermen nor any member thereof
shall give orders to the subordinates of the city manager, either
publicly or privately. Any member of the board of aldermen violating
the provisions of this section shall forfeit his office. Whether a
violation has occurred shall be determined by the members of the board
of aldermen, and their decision shall be final.
The board of aldermen by ordinance may create, change, and abolish
offices, departments, boards, commissions, or agencies other than
those established by this charter. The board of aldermen by ordinance
may assign additional functions or duties to offices, departments,
boards, commissions, or agencies, but may not discontinue or assign
to any other office, department, board, commission, or agency any
function or duty assigned by this charter to a particular office,
department, board, commission, or agency, except as otherwise provided
in this charter.
[Ord. No. 5752, § 1, 4-22-03]
Without limitation of the powers conferred upon the city in Section 3 of Article I of this charter or by any other provision hereof, the board shall have power, not inconsistent with this charter, to:
(1)
Assess, levy, and collect taxes for all general and special purposes
on all subjects or objects of taxation not expressly prohibited by
law, provide for enforcing prompt payment thereof by any appropriate
means, and adopt such classifications of the subjects and objects
of taxation as may not be contrary to law.
(2)
Furnish all public services; purchase, hire, lease, construct, own,
maintain, and operate public utilities; dispose of the services and
products thereof; acquire, by condemnation or otherwise, within or
without the corporate limits of the city, property, or any estate
or interest therein, necessary for any such purposes; grant public
utility franchises and permits and regulate the exercise thereof.
(3)
Make public improvements and acquire, by condemnation or otherwise,
property, or any estate or interest therein, within or without the
corporate limits of the city, necessary for such improvements.
(4)
Adopt police, health, sanitary, safety, fire prevention, and other
similar regulations and provide for their enforcement.
(5)
Authorize the expenditure of money of the city for all lawful purposes.
(6)
Issue, sell, pledge, or in any manner dispose of negotiable or nonnegotiable,
interest bearing or non-interest bearing bonds or notes of the city,
upon the credit of the city, or solely upon the credit of specific
property owned by the city, or solely upon the credit of income derived
from the property used in connection with any public utility owned
or operated by the city, or from service charges made for any public
service provided by the city, or solely upon the credits of the proceeds
of special assessments for local improvements, or upon any two or
more of such credits.
(7)
Exercise the power of eminent domain, including the power of excess
condemnation, and condemn private property, real or personal, or any
use therein, for public use within or without the corporate limits
of the city, as authorized by the constitution or by law.
(8)
Take and hold property within or without the corporate limits of
the city upon trust, and administer trusts.
(9)
Acquire and receive by gift, bequest, or devise all kinds of property,
real, personal, or mixed, or any estate or interest therein, within
or without the city, absolutely or in trust, for all public, charitable
or municipal uses or purposes; perform all acts necessary to carry
out the purposes of such gifts, bequests, or devises, with power to
manage, sell, lease, or otherwise handle or dispose of such property
in accordance with the terms of the gift, bequest, or devise.
(10)
Acquire, receive, hold, provide for by contract or otherwise,
construct, operate, regulate, maintain, and improve all kinds of public
buildings, structures, public market facilities, airports, off-street
parking facilities, public housing, cemeteries, hospitals, parks and
other recreation facilities, all other public improvements, and any
other property, real or personal, within or without the city, for
all such uses or purposes, or for any other public or municipal use
or purpose; acquire, receive, and hold any estate or interest in any
such property; and sell, lease, mortgage, pledge, or otherwise dispose
of the same or the products thereof.
(11)
Collect and dispose of sewage, offal, ashes, garbage, and refuse;
contract for, or license and regulate such collection and disposal
and provide a service charge therefor.
(12)
Prescribe limits within which businesses, occupations, and practices
apt to be nuisances or detrimental to the health, safety, morals,
security, or general welfare of the people may lawfully be established,
conducted, and maintained.
(13)
License and inspect weights and measures; and inspect, test,
measure, and weigh any article offered for sale within the city for
consumption or use.
(14)
Regulate the construction and materials of all buildings and
structures, and inspect all buildings, lands, and places as to their
condition for health, cleanliness, and safety; and when necessary,
limit or prevent the use thereof and require any alterations or changes
necessary to make them healthful, safe, and clean; and provide procedures
and methods to condemn and, if necessary, to tear down or destroy
unsafe or unhealthful places, buildings, or structures.
(15)
Establish, open, close, relocate, vacate, alter, widen, extend,
grade, pave, improve, repair, construct, reconstruct, maintain, light,
landscape, decorate, sprinkle, and clean public highways, streets,
boulevards, parkways, sidewalks, alleys, parks, public grounds and
squares, bridges, viaducts, subways, tunnels, sewers and drains, and
regulate the use thereof.
(16)
Abolish or prevent grade crossings, and provide for safe crossings,
and compel any street railway, railroad, or other transportation company
or companies affected thereby to pay all or part of the cost thereof;
regulate and control the location of aviation fields, hangars, and
aircraft landing places; regulate and control the location, construction,
operation, and use of all types of communication facilities; all subject
to any superior regulatory authority.
(17)
Invest funds of the city, except as otherwise provided in this
charter, in time deposit certificates, in obligations of the United
States, the State of Missouri, or of this city.
(18)
Extend or diminish the limits of the city by ordinance and as
otherwise provided by law; and merge with any other municipal corporation,
but only upon the affirmative vote of a majority of the electors of
Clayton.
(19)
Define, prohibit, suppress, prevent, and regulate all acts,
practices, conduct, businesses, callings, trades, uses of property,
and all other things whatsoever detrimental or apt to be detrimental
to the health, safety, morals, comfort, security, convenience, and
welfare of the inhabitants of the city, and abate all nuisances.
(20)
Do all things necessary or expedient for promoting the comfort,
education, morals, safety, security, peace, government, health, welfare,
trade, commerce, or industry of the city and its inhabitants.
(21)
Provide for the enforcement of any ordinance, rule, or regulation
by means of fines, forfeitures, penalties, and imprisonment, or by
action or proceedings in the municipal court or in any court of competent
jurisdiction, or by any one or more of such means, and impose costs
as a part thereof, and provide for probation and parole in proper
cases.
(22)
License, tax, and regulate all businesses, occupations, professions,
vocations, activities, or things whatsoever set forth and enumerated
by the laws of Missouri now or hereafter applicable to constitutional
charter cities, special charter cities, or cities of the first, second,
third or fourth class, or of any population group, and which any such
cities are now or may hereafter be permitted by law to license, tax,
and regulate; and prohibit or suppress all businesses, occupations,
professions, vocations, activities, animals, or things whatsoever
set forth and enumerated by the laws of Missouri now or hereafter
applicable to constitutional charter cities, special charter cities,
or cities of the first, second, third, or fourth class or of any population
group, and which any such cities now or may hereafter be permitted
by law to prohibit or suppress.
(23)
Compel by the issuance of process the attendance of witnesses
and the production of papers and records relating to any subjects
under investigation in which the interest of the city is involved,
call upon the proper officers of the city or county to execute such
process, and administer oaths in the same manner and with like effect
and under the same penalties as in the case of magistrates exercising
criminal and civil jurisdiction under the laws of Missouri.
(24)
Contract and be contracted with, and sue and be sued.
(25)
Make and collect special assessments on public or private property
for public improvements, and provide for enforcing the prompt payment
thereof by any appropriate means.
(26)
Provide for the enumeration of the inhabitants of the city for
any purpose.
(27)
For the purpose of promoting health, safety, morals, or the
general welfare, regulate and restrict the height, number of stories,
and size of buildings and other structures, the percentage of lot
that may be occupied, the size of yards, courts, parking areas, and
other open spaces, the density of population, and the location and
use of buildings, structures, and land for trade, industry, residence
or other purposes; divide the city into districts for any or all of
said purposes, and regulate and restrict the erection, construction,
reconstruction, alteration or use of buildings, structures, or land
within such districts.
(28)
Cooperate, or join by contract or otherwise, with other cities,
with counties, states, the United States, or other governmental bodies,
singly or jointly, or in districts or associations, for promoting
or carrying out any of the powers of the city, or for the acquisition,
construction, or operation of any property, works, plants, facilities,
or structures convenient or necessary for carrying out any of the
purposes or objects authorized by this charter.
(29)
Establish and enforce gas, electric, water, and public transportation
rates, and rates and charges for all other utilities owned and operated,
or services furnished by the city; and establish or approve and enforce
all rates and charges of privately owned utilities operating within
the city not regulated by other public authority. All such rates and
charges shall be determined after a public hearing and in accordance
with regularly established procedures to be prescribed by ordinance.
(30)
Incur debts by borrowing money or otherwise and give appropriate
evidence thereof.
(31)
Improve watercourses and regulate the use thereof.
(32)
Direct, regulate, and control the location and construction
of all poles, wires, conduits, subways, pipe mains, or other structures
or erections of any kind in, under, or over public streets, alleys,
highways, or places in the city.
(33)
Provide for the purchase by the city of property levied upon
and under execution or process in favor of the city and of property
when sold for delinquent taxes and assessments, and for the sale and
conveyance of the same.
(34)
Provide for the support, maintenance, and care of sick, aged,
insane, or poor persons, and neglected or delinquent children; and
provide for the punishment of parents, guardians, or custodians for
neglect of children.
(35)
Acquire, operate, and maintain charitable, educational, comfort,
recreative, curative, corrective, detentive, penal, and other institutions,
departments, functions, facilities, instrumentalities, conveniences,
and services.
(36)
Assess against property the costs of cutting and removing therefrom
noxious weeds and rubbish.
(37)
Provide for the clearance, replanning, reconstruction, redevelopment,
and rehabilitation of blighted, substandard or insanitary areas, and
for recreational and other facilities incidental or appurtenant thereto,
and for taking or permitting the taking, by eminent domain, of property
for such purposes, and when so taken the fee simple estate and title
shall vest in the owner, who may sell or otherwise dispose of the
property subject to such restrictions as may be deemed in the public
interest.
(38)
Enact, adopt, and enforce all ordinances, rules, and regulations;
do all things, and exercise all governmental and municipal authority
necessary, appropriate, or convenient, contributing to or bearing
a substantial relation to the full and complete exercise of all the
powers of this city.
(39)
License, tax and regulate all persons engaged in the business
of providing or furnishing telephone, telecommunications, data transmission
or similar services, whether through wire or wireless transmissions,
to the extent allowed by law.
