This Charter is declared to be a public act, and all courts
shall take judicial notice thereof.
Any Ordinance may be proved by a copy thereof certified by the
City Clerk under the seal of the City; or, when printed in book or
pamphlet form and purporting to be published by authority of the City,
shall be received in evidence in all courts, or other places, without
further proof of authenticity.
All Ordinances, regulations, and Resolutions in force at the
time this Charter takes effect, and not inconsistent with the provisions
thereof, shall remain and be in force until altered, modified or repealed
by the Council. If any part of an Ordinance, regulation or Resolution
is in conflict with this Charter, other provisions which are consistent
with the Charter shall not thereby be affected.
No action or proceeding, prosecution, civil or criminal, pending
at the time this Charter shall take effect, brought by or against
the City or any department, office or officer thereof, shall be affected
or abated by the adoption of this Charter or by anything therein contained.
All contracts entered into by the City, or for its benefit,
prior to the taking effect of this Charter, shall continue in full
force and effect. Public improvements for which legislative steps
have been taken under laws existing at the time this Charter takes
effect may be carried to completion in accordance with the provisions
of such existing laws, as nearly as practicable. All taxes and assessments
levied or assessed, all fines and penalties imposed, and all other
obligations owing to the City which are uncollected at the time this
Charter becomes effective, shall continue in full force and effect
and shall be collected as if no change had been made.
No officer, Councilman, employee or member of a Board or Commission
of the City shall have a financial interest, directly or indirectly,
in any contract with the City, or be financially interested, directly
or indirectly, in the sale to the City of any land, materials, supplies
or services. Any violation of this Section with knowledge, actual
or constructive, by the person or corporation contracting with the
City, shall render the contract involved voidable by the City, and
the officer, Councilman, employee or member so violating this Section
shall thereby forfeit his office, employment or position and shall
be subject to such additional penalties as may be provided by Ordinance.
All records, property and equipment of any department, office,
Board or Commission, or part thereof, the powers the duties of which
are assigned to any other department, office, Board or Commission
pursuant to this Charter, shall be transferred and delivered to the
department, office, Board or Commission to which such powers and duties
are assigned.
Before entering upon the duties of his office, every elective
and appointive officer of the City, and such other employees as prescribed
by Ordinance, shall take, subscribe and file with the City Clerk,
an oath or affirmation that he possesses all the qualifications prescribed
by this Charter for the office to which he is chosen, that he will
support the Constitution and laws of the United States and of the
State of Missouri, and the Charter and Ordinances of the City of Hazelwood,
and that he will faithfully perform and discharge the duties of his
office.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
The City Clerk or the Clerk's designee, Municipal Judge
and Municipal Court Clerks and any member of the Council may administer
oaths or affirmations in any matter pertaining to the affairs and
government of the City.
No action shall be maintained against the City for or on account
of any injury growing out of alleged negligence of the City unless
notice shall first have been given in writing to the City Manager.
Such notice shall be given within ninety (90) days of the occurrence
for which said damage is claimed, and it shall state the place, time,
character, and circumstances of the injury, and that the person so
injured will claim damages therefor from the City.
The City shall not be required to give bond in any judicial
proceeding or appeal.
The City Manager, City Clerk, Director of Finance, all other
officers and employees receiving, disbursing or responsible for City
funds, and such other officers and employees as the Council by Ordinance
may designate, shall, within such time after appointment as may be
fixed by Ordinance, and before entering upon the discharge of their
duties, give bond to the City. Official bonds shall be in such sums
and with such sureties as shall be prescribed by Ordinance, shall
be subject to approval by the Council and shall be conditioned upon
the faithful and proper performance of duties, and upon the prompt
accounting for and paying over to the City of all monies or property
belonging to the City that may be received. If any person appointed
to any office or employment shall fail to give bond as herein required,
he shall forfeit his office or employment. The City shall pay the
premiums on all such bonds.
[1]
Editor’s Note: Ord. No. 4457-16 also repealed Article
XII, Section 13, Use of Masculine Pronoun, which immediately followed,
and Sections (14) through (16) were redesignated as Sections (13)
through (15), respectively.
All records of the City kept pursuant to this Charter, Statute
or Ordinance, shall be open for public inspection to any citizen during
regular office hours. Those in charge of such records shall not refuse
the privilege of inspection to any citizen.
City records may be maintained on microfilm and shall be preserved
in accordance with State Statutes.
If any provision of this Charter be held to be unconstitutional
or void, the validity, force or effect of any other provision shall
not thereby be affected.
Amendments to this Charter may be framed and submitted to the
voters by a commission as provided for a complete Charter. Amendments
may also be proposed by the Council, or by petition of not less than
ten (10) percent of the registered qualified voters of the City, filed
with the City Clerk, setting forth the proposed amendment.
The Council shall at once provide by Ordinance that any amendment
so proposed shall be submitted to the voters at the next election
held in the City not less than sixty (60) days after its passage,
or at a special election held as provided for a Charter.
Any amendment approved by a majority of the qualified voters
voting thereon shall become a part of the Charter at the time and
under the conditions fixed in the amendment; and Sections or Articles
may be submitted separately or in the alternative and determined as
provided for a complete Charter.
