Article I Mayor and Board of Aldermen — Generally
Article II Board of Aldermen Meetings
No person shall be an Alderman unless he/she be at least twenty-one (21) 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.
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.
The Board shall elect one (1) of their own number 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 the City, removal from office, refusal to qualify, or from any other 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 be filled or such disability be removed; or, in case of temporary absence, until the Mayor's return.
[Ord. No. 3754 §1, 9-22-2011]
The Mayor and Board of Aldermen of the City shall have the care, management and control of the City and its finances and shall have the power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such 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. The Mayor may, with the consent of the Board of Aldermen, establish such advisory commissions or councils (except ad hoc committees) as are deemed appropriate to provide advice to the City on policies and programs. The Board of Aldermen shall approve bylaws outlining the purposes and procedures of the commission or council.
[CC 1985 §2-52]
Generally. The Board of Aldermen shall have power, by ordinance, to secure the general health of the inhabitants of the City by any measure to regulate, suppress and abate slaughterhouses, slaughtering animals, stockyards, soap and other factories, pig pens, cow stables and other stables and dairies and to remove the same. The Board shall regulate or prevent the carrying on of any business which may be dangerous or detrimental to the public health or the manufacturing or rendering of articles obnoxious to the health of the inhabitants. The Board shall pass ordinances for the prevention of nuisances and their abatement.
Prevention Of Disease. The Board of Aldermen may make regulations and pass ordinances for the prevention of the introduction of contagious diseases in the City and for the abatement of the same and may make quarantine laws and enforce the same within five (5) miles of the City. The Board may purchase or condemn and hold for the City, within or without the City limits or within ten (10) miles therefrom, all necessary lands for hospital purposes, waterworks, sewer carriage and outfall, and erect, establish and regulate hospitals, workhouses, poorhouses, airports and provide for the government and support of the same and make regulations to secure the general health of the City and to prevent and remove nuisances. The condemnation of any property outside of the City limits shall be regulated in all respects as the condemnation of property for railroad purposes is regulated by law. The Police jurisdiction of the City shall extend over such land and property to the same extent as over other City property as provided in this Chapter.
Lumberyards — Fences. The Board of Aldermen may prescribe limits within the City within which no lumberyard or woodyard shall be kept and may regulate, restrain or prohibit the erection or maintenance of any fence composed in whole or in part of barbed wire along or adjacent to any public street, avenue, alley, park, lane, cemetery or other public grounds.
Animals. The Board of Aldermen may regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep, goats and all other domestic animals, also geese, ducks, chickens, turkeys and all other domestic fowls and cause such animals or fowls as may be running at large to be impounded and sold in such manner and at such time as may be prescribed by ordinance. The Board may provide penalties for the owners or keepers who shall permit such animals or fowls to be at large. The Board of Aldermen may provide for the erection of all needful pounds, pens and buildings for the use of the City, within or without the City limits, and appoint and compensate keepers thereof and establish and enforce rules governing the same. The Board of Aldermen may tax, regulate and restrain and prohibit the running at large of dogs and provide for their destruction when at large contrary to ordinance and impose penalties on the owners or keepers thereof.
[CC 1985 §2-53; Ord. No. 3709 §1, 12-9-2010; Ord. No. 3797 §§1 — 2, 4-26-2012]
Generally. The Board of Aldermen shall have power to purchase, receive and to hold real estate, as herein mentioned, for public cemeteries, either within or without the City, within a distance of three (3) miles thereof and the City and its officers shall have jurisdiction over the cemeteries wherever located; provided that no such cemetery shall exceed eighty (80) acres in one (1) body. The Board of Aldermen shall provide for the survey, platting, grading, fencing, ornamenting and improving of all the cemetery ground and the avenues leading thereto owned by the City and may construct walks and protect ornamental trees and provide for paying the expenses therefor. The Board of Aldermen may make rules and pass ordinances imposing penalties and fines, regulating, protecting and governing City cemeteries, the owners of lots therein, visitors thereto and punish trespassers therein and the owners of such City shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the City itself.
Sale And Ownership. The City will sell burial plots which are laid out in a subdivision plat that is approved by the Board of Aldermen and recorded in the Recorder of Deeds office for Ste. Genevieve County, Missouri. The City shall transfer ownership of the plots in the cemetery subject to covenants and restrictions applying to the cemetery that are recorded in the Recorder of Deeds office for Ste. Genevieve County. Said covenants may be amended from time to time as provided therein. The deed shall also convey interment rights that are separate from the title to the real estate. A general warranty deed that is signed by the Mayor of Ste. Genevieve and that contains the plot and row number shall be given to the purchaser. The plots will be sold in sequential order. The City will record the deed for the purchaser and may charge an administrative fee as established by the Board of Aldermen. The City shall maintain a permanent record of the sale in City Hall. Only those named on the deed may be buried in the designated plot. A maximum of two (2) people may be buried in a single plot, and no more than two (2) names may be placed on one (1) deed. The purchaser may deed the property to any persons with whom they have a linear relationship to the third degree of sanguinity. The new owner(s) may be buried in the plot provided that the City is notified and receives evidence of the transfer at least one (1) working day prior to the scheduled burial. Failure to provide such notice may result in the loss of interment rights or a delay of the burial ceremony. Should a person desire to sell their rights to someone other than a relative as provided above, they must first offer the City the option purchasing the plot at the original sale price. Should the City not exercise this option, the certificate holder may sell the rights to anyone (buyer), provided the sale price is no greater than the amount originally paid. The buyer will sign an affidavit attesting to the purchase price at the time that the City is notified of the transfer and its records are amended.
In order to be considered a resident for the purpose of this Section, the purchaser or deceased must have physically resided in the City of Ste. Genevieve for at least one (1) continuous year.
The Mayor shall have a seat in and preside over 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. He/she 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.
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.
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. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, 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 year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.
In the event the financial statement of the City is not published as required by Section 110.090, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of an ordinance violation.
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 the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor 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.
[CC 1985 §2-109]
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 to affix thereto the Seal of the City and to keep an accurate record thereof in a book to be provided for that purpose.
The Mayor 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 he/she is hereby 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.
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.
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.
[CC 1985 §2-111; Comp. Ords. §3.02]
Whenever any process or notice shall be served on the Mayor in any legal or other proceeding against the City or in which the City is a party, he/she shall immediately deliver the same or a sufficient copy thereof to the City Attorney in order that the same may be attended to.
[CC 1985 §2-24; Ord. No. 2584 §1, 12-20-1990; Ord. No. 4001 §2, 10-8-2015; Ord. No. 4094, 5-25-2017]
The Ste. Genevieve Board of Aldermen will hold two (2) regular monthly meetings on the second Thursday of each month at 6:00 p.m. and on the fourth Thursday of each month at 6:00 p.m.
[CC 1985 §2-38; Ord. No. 2514 §1(3), 5-16-1989; Ord. No. 2515 §§1 — 2, 5-16-1989]
Special Meetings. Special meetings may be called by the Mayor or by a majority of the members of the Board of Aldermen. The call for a special meeting shall be filed with the City Clerk in written form, except that an announcement of a special meeting during any regular meeting at which all the members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour and the location of the special meeting and shall list the subject or subjects to be considered. No special meeting shall be held until at least twenty-four (24) hours after the call is issued. Only such business may be transacted at a special meeting as may be listed on the call for said meeting or an incident thereto.
Adjourned Meetings. Any meeting of the Board of Aldermen may be adjourned to a later date and time; provided that no adjournment shall be for a longer period than until the next regular meeting.
Study Sessions. The Board of Aldermen may meet informally in study sessions (open to the public) at the call of the Mayor or any five (5) members of the Board. The purpose of such study sessions shall be to review forthcoming programs of the City, receive progress reports on current programs or projects or receive other similar information from the City Administrator. The Board of Aldermen shall not take any official action at such study sessions.
Section 79.110, RSMo., provides that the Mayor and Board of Aldermen may determine their own rules and procedures for meetings. The Board hereby adopts Robert's Rules of Order in addition to the following set of rules which shall be in effect until such time as they are amended or new rules are adopted.
[CC 1985 §2-37; Ord. No. 2514 §1(2), 5-16-1989]
Meetings To Be Public. All official meetings of the Board of Aldermen shall be open to the public. The minutes of proceedings shall be open to public inspection.
Minutes Of Meetings. An account of all proceedings of the Board of Aldermen shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Board.
Right Of Floor. Any member desiring to speak shall first be recognized by the Chairperson and shall confine his/her remarks to one (1) subject under consideration or to be considered.
City Administrator. The City Administrator shall attend all meetings of the Board of Aldermen unless otherwise excused. The City Administrator may make recommendations to the Board of Aldermen and shall have the right to take part in all discussions of the Board but shall have no vote.
City Attorney. The City Attorney shall attend all meetings of the Board of Aldermen unless otherwise excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Board's parliamentarian.
City Clerk. The City Clerk shall attend all meetings of the Board of Aldermen unless otherwise excused and shall keep the official journal (minutes) and perform other duties as may be directed by the Mayor and Board of Aldermen.
At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. A majority of the members elected to the Board shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.
[CC 1985 §2-41; Ord. No. 2514 §1(6), 5-16-1989; Ord. No. 2881 §§1 — 3, 11-14-1996; Ord. No. 3300 §1, 5-22-2003; Ord. No. 3442 §§1 — 4, 7-14-2005]
Order Of Business. The general rule as to the order of business in regular meetings shall be as follows:
[Ord. No. 3994 §1, 9-9-2015]
Call to order.
Pledge of Allegiance.
Approval of agenda.
Personal appearances — Citizens are requested to provide a statement as to what subject they wish to address the Board.
City Administrator report.
Public comments — Please identify yourself for the record and please try to keep to comments to five (5) minutes.
Any other business.
Mayor/Board of Aldermen communication.
The Agenda. The order of business of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topic of subjects to be considered by the Board of Aldermen and shall be delivered to Board members at least twenty-four (24) hours preceding the meeting to which it pertains. Requests by the public to be placed on the agenda shall be put at the beginning of the public participation portion of the meeting, unless two (2) or more Board of Aldermen members request twenty-four (24) hours prior to a Board meeting that a person be located elsewhere on the agenda.
Call To Order. The Mayor (or Chairman) shall call each Board meeting to order through the use of his/her gavel and announcing that the room is to come to order.
Roll Call Of The Members. The City Clerk shall take a roll call of the Mayor and members of the Board of Aldermen. The minutes of the meeting shall indicate whether each member was present or absent and shall also indicate at which time members arrived late or departed early.
Approval Of The Agenda. Every agenda shall include an opportunity for the Board to approve/disapprove of the items listed on the agenda for discussion. The Board may vote to strike an item from the agenda but shall not vote to make additions to the agenda.
Review/Approval Of Previous Meeting's Minutes. The minutes of the previous meeting shall be provided to each Board member with his/her agenda. Board members shall vote on the question to accept the minutes as presented or they may suggest corrections to be made and vote to accept the minutes as amended.
Citizens Input/Public Participation. Every agenda shall afford the general public an opportunity to voice complaints, request services or changes in the provision of such services or to ask for information. In the event of a closed session, the public participation portion of the meeting will be held prior to the closed session.
Public Hearings. Such matters requiring the holding of a public hearing shall be included on the agenda. In general, public hearings shall consist of two (2) parts: The first (1st) in which the City disseminates information regarding the matter in question and the second (2nd) in which public input is sought. Members of the general public may seek the recognition of the Chairman to give input on such matters or to request that additional information be provided.
Reports Of Boards And Commissions. The agenda shall provide an opportunity for the various boards and commissions of the City to issue reports and make requests. Members of such boards and commissions may freely address the Board of Aldermen upon recognition by the Chairman.
Administrator/Superintendent Reports. The agenda shall provide an opportunity for the City Administrator and/or the City Superintendents to issue reports to the Mayor and Board regarding the various operations of City Government. The Mayor and Board members may ask questions about these reports or make other comments.
Bid Openings. All bid openings will be made at City Board meetings. The bids shall be kept sealed prior to the opening; whereupon they shall be opened by the City Clerk and the contents delivered to the Mayor for announcement.
Ordinances And Resolutions. Proposed ordinances and resolutions shall be read at Board meetings in compliance with applicable State laws. After such reading, but before the taking of the vote of the Board of Aldermen, the Chairman may ask for public comment.
Other Business/Aldermanic Reports. The agenda shall provide a time when the Mayor or any Board member may bring before the Board of Aldermen any business which he/she feels should be deliberated upon. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Board meeting, except that immediate action for emergency purposes may be taken upon a two-thirds (2/3) vote of all members of the Board.
[CC 1985 §2-42; Ord. No. 2514 §1(7), 5-16-1989; Ord. No. 2761 §§1 — 3, 10-13-1994; Ord. No. 3442 §§1 — 4, 7-14-2005]
Form. Ordinances and resolutions shall be presented to the Board of Aldermen only in typewritten form.
Funding. All ordinances authorizing an expenditure of money shall include the exact source of the funds to be expended.
City Attorney's Approval. All ordinances and resolutions shall be approved as to form and legality by the City Attorney. Such approval shall be so indicated by signature on the last page of the ordinance (or resolution) before presentation to the Board of Aldermen.
City Administrator's Review. All ordinances and resolutions shall be reviewed by the City Administrator. Such review shall be so indicated by signature on the last page of the ordinance (or resolution) before presentation to the Board of Aldermen.
Distribution Of Ordinances. The City Clerk shall prepare copies of all proposed ordinances for distribution to all members of the Board at least twenty-four (24) hours before the Board meeting at which the ordinance is to be introduced.
Two Readings Required. Each proposed ordinance shall be read two (2) times prior to its passage. Both readings may occur at a single meeting upon a majority vote by the members of the Board of Aldermen present to have a second (2nd) reading at the same meeting.
Reading By Title Only. Upon being introduced, each ordinance shall be read by title only, provided that copies of the proposed ordinance shall be made available for public inspection prior to the time it is under consideration by the Board of Aldermen. If copies of the proposed ordinance have not been made available to the general public prior to the proposed ordinance being considered or upon the request of an Alderman, the proposed ordinance shall be read in full two (2) times prior to its passage.
Recording Of Votes. The "yeses" and "noes" shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Board.
Majority Vote Required. An affirmative vote of at least a majority of the Board of Aldermen shall be required to pass an ordinance. A resolution or motion may be adopted by a majority voting on the issue.
Types Of Vote Cast. Board members may cast the following votes on issues before the Board:
"Yes" signifying support of the question before the Board.
"No" signifying non-support of the question before the Board.
"Abstain" signifying that the member cannot vote on a particular matter due to conflict of interest.
When casting a vote to "abstain", the Board member shall state a specific reason for the abstention, citing a conflict of interest and the nature of such conflict. Board member shall not abstain from voting on an issue due to indecisiveness.
Tie Vote. In the event of a tie vote on any motion, resolution or ordinance, the Mayor shall cast the deciding vote. In the event the Mayor abstains from such vote due to a conflict of interest and the vote remains tied, the motion shall be considered lost.
Numbering Ordinances And Resolutions. Upon passage, a number shall be assigned to each ordinance by the City Clerk.
Approval By Mayor. No bill shall become an ordinance until it is 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 provided by Section 79.140, RSMo.