City of Bolivar, MO
Polk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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.
[1]
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.
The Board of Aldermen shall elect one (1) of its 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.
The Mayor and Board of Aldermen of each City governed by this Chapter 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, 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.
[R.O. 2009 § 100.260(B), (C); Ord. No. 3061 § I, 10-9-2012]
A. 
In addition to specific duties of the office of Mayor set out in the City Code, the said office of Mayor is intended to generally serve the function of goodwill ambassador to the residents, visitors, and businesses of Bolivar and surrounding communities; and to welcome visitors and businesses looking to come to the City of Bolivar. The office of Mayor will not carry with it the authority to guide or direct the day-to-day operations of the City or its employees.
B. 
In addition to specific duties of the Board of Aldermen set out in the City Code, the said Board of Aldermen is intended to generally serve the function of consideration and making of policy decisions for the City. In fulfilling its obligations in making policy decisions for the City, the Board, as a whole, may act as a single unit through majority vote (or majority vote of a quorum, as the case may be); and no single member of the Board of Aldermen will have the authority to guide or direct the day-to-day operations of the City or its employees.
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.
[R.O. 2009 § 105.116; R.O. 2007 § 105.116; Ord. No. 1293, 5-13-1993; Ord. No. 1559, 8-8-1996; Ord. No. 2295, 4-11-2002; Ord. No. 2552, 5-12-2005; Ord. No. 2925 § I, 4-8-2010]
A. 
The following standing committee of the Board of Aldermen is hereby created which shall be constituted and which shall have those powers hereinafter set forth:
1. 
Personnel Committee, which shall have jurisdiction over all employees of the City relating to the creation or abolition of employee positions; hiring, firing and discipline of employees not subject to being hired, fired or disciplined by the City Administrator as may otherwise be provided in this Code or by the laws of the State of Missouri, provided that the City Administrator may confer with the Personnel Committee before taking action to hire, fire or discipline a prospective or current employee; the creation and amendment of job descriptions for all employees of the City; and the creation and amendment of policies and procedures governing employees of the City.
2. 
The Personnel Committee shall consist of four (4) members of the Board of Aldermen plus the Mayor. The four (4) members of the Board of Aldermen shall be those Aldermen who are serving the second year of their two-year term, including Aldermen who may have been appointed to fill a vacancy created by the death, resignation or removal from office of a duly elected Alderman. Each Alderman constituting the Personnel Committee shall assume the position of committee member as of the first regular or special meeting of the Board of Aldermen following the annual municipal election at which the election authority for Polk County, Missouri, has filed with the City Clerk a certificate of election (or in case of appointment, then upon the Alderman qualifying for office) and shall serve until the first regular or special meeting after the next annual election at which the election authority for Polk County, Missouri, has filed with the City Clerk a certificate of election, or until the committee member's successor is duly elected and qualified.
3. 
The Personnel Committee shall elect a Chairman at its first meeting following the annual municipal election. The Chairman shall be a member of the Committee. The Chairman shall preside over all meetings of the Personnel Committee and shall sign on behalf of the Committee any written instruments that it may authorize to be issued. In the absence of the Chairman, the Committee shall elect a temporary Chairman to preside over a meeting. The City Clerk shall take and transcribe minutes of each meeting of the Committee, and in the absence of the City Clerk the Deputy Clerk shall perform such duties.
4. 
The Personnel Committee may establish by motion a regular date and time for meetings or may establish a meeting date and time at any regular or special meeting of the Board of Aldermen at which a majority of the committee members are present. The Committee shall also meet upon written call by the Mayor, the Chairman or any two (2) Committee members. Notice of a special meeting together with a written agenda for the meeting shall be personally delivered at least twenty-four (24) hours before the meeting or mailed at least seventy-two (72) hours before the meeting. A majority of the members of the Committee shall constitute a quorum. The Mayor may vote on any matter coming before the Committee but shall not be obligated to do so except in the case of a tie vote. The Personnel Committee shall be subject to all of the requirements of the Missouri "Sunshine Law" as set forth in Chapter 610, RSMo., as now in effect or as such law may hereafter be amended from time to time. Attendance at an adjourned or special meeting of the Personnel Committee without objection to proper notice shall constitute a waiver of inadequacy of notice. A majority vote of the Committee shall constitute an affirmative recommendation to the full Board of Aldermen that the issue or proposition be approved. A tie vote shall send the issue or proposition to the Board of Aldermen without a recommendation. A minority vote on an issue or proposition shall constitute a negative recommendation for approval by the full Board of Aldermen.
B. 
Special committees of the Board of Aldermen may be authorized by motion or resolution of the Board or by order of the Mayor. Any such motion, resolution or order shall describe the duties and function of the special committee. No special committee shall be authorized unless the purpose or purposes for which the committee is created is specified in the authorizing motion, resolution or order. Each special committee shall consist of at least one (1) representative from each of the four (4) wards of the City and the Mayor. If a special committee is authorized by motion or resolution of the Board of Aldermen, the members of the committee other than the Mayor shall be elected by the Board. If the special committee is created by order of the Mayor, the Mayor shall appoint the committee members.
1. 
Each special committee shall organize by the election of a Chairman who is also a member of the committee, and a Secretary who may but need not be a member of the committee. The Chairman shall preside over all meetings of the special committee and shall sign on behalf of the committee any written instruments that it may authorize to be issued. In the absence of the Chairman, the committee shall elect a temporary Chairman to preside over a meeting. The Secretary shall take and transcribe minutes of each meeting of the committee, and in the absence of the elected Secretary the committee shall elect a temporary Secretary to perform such duties.
2. 
Each committee may establish by motion a regular date and time for meetings or may establish a meeting date and time at any regular or special meeting of the Board of Aldermen at which a majority of the committee members are present. The committee shall also meet upon written call by the Mayor, the Chairman or any two (2) committee members. Notice of a special meeting together with a written agenda for the meeting shall be personally delivered at least twenty-four (24) hours before the meeting or mailed at least seventy-two (72) hours before the meeting. A majority of the members of each special committee shall constitute a quorum. The Mayor may vote on any matter coming before the committee but shall not be obligated to do so except in the case of a tie vote. Each special committee shall be subject to all of the requirements of the Missouri "Sunshine Law" as set forth in Chapter 610, RSMo., as now in effect or as such law may hereafter be amended from time to time. Attendance at an adjourned or special meeting of a special committee without objection to proper notice shall constitute a waiver of inadequacy of notice. A majority vote of the committee shall constitute an affirmative recommendation to the full Board of Aldermen that the issue or proposition be approved. A tie vote shall send the issue or proposition to the Board of Aldermen without a recommendation. A minority vote on an issue or proposition shall constitute a negative recommendation for approval by the full Board of Aldermen.
C. 
Notwithstanding any other provisions of this Section 110.065 to the contrary, all standing and special committees of the Board of Aldermen must meet at least one (1) time prior to the first day of April in each calendar year for the purpose of finalizing any pending or outstanding matters of such standing or special committee prior to the annual municipal election.
[Ord. No. 3476, 9-25-2018]
The style of the ordinances of the City shall be "Be it ordained by the Board of Aldermen of the City of Bolivar, 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.
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 semiannually 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 110.100, 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.
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.
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.
[R.O. 2009 § 105.010; R.O. 2007 § 105.010; Ord. No. 3060 § I, 9-13-2012; Ord. No. 3088 § I, 8-13-2013]
The Board of Aldermen shall hold regular meetings at City Hall on the fourth Tuesday of each month and on the first Tuesday following the Tuesday in April on which the annual municipal election is held if that Tuesday is other than the fourth Tuesday of the month. The time of regular meetings shall be established from time to time by motion approved by a majority of the entire Board of Aldermen.
[R.O. 2009 § 105.011; R.O. 2007 § 105.011; Ord. No. 3089 § I, 8-13-2013]
A. 
Special meetings of the Board of Aldermen may be held at such date, time and place as shall be specified in the call of such meeting. Special meetings shall not be held outside the corporate limits of the City of Bolivar except upon the written consent of the Mayor and all members of the Board of Aldermen. A special meeting may be called by the Mayor or by any two (2) Aldermen. Any such call must be in writing, must specify the purpose or purposes for which the meeting was called, specify the date, time and place for meeting and must be delivered to the City Clerk. The City Clerk shall deliver or cause notice of the call of such special meeting to be delivered to each of the members of the Board of Aldermen by any one or more of the following methods:
1. 
Personally delivered to a member of the Board of Aldermen at least twenty-four (24) hours prior to the date and time for such meeting; or
2. 
Electronically delivered via e-mail or facsimile transmission to the electronic e-mail addresses or facsimile number on file with the City Clerk for a member of the Board of Aldermen at least twenty-four (24) hours prior to the date and time for such meeting; or
3. 
Actual notice to a member of the Board of Aldermen by telephone conference directly with the member of the Board and documented as to date and time of the conference by the City in writing at least twenty-four (24) hours prior to the date and time for such meeting; or
4. 
Mailed by ordinary United States mail, postage fully prepaid, addressed to the Alderman at his/her regular residence address at least seventy-two (72) hours prior to such meeting.
B. 
If the call of the special meeting is made by two (2) or more Aldermen, notice thereof shall also be given to the Mayor by one of the methods specified above. For personal delivery of notices, the Chief of Police shall deliver or cause the officers under his/her command to deliver notice of special meetings upon the request of the City Clerk after receiving the call of such meeting by the Mayor or Aldermen.
[R.O. 2009 § 105.012; R.O. 2007 § 105.012]
Any regular or special meeting of the Board of Aldermen may be adjourned upon notice approved by a majority of the members present to a date, time and place set forth in the motion and any adjourned meeting of the Board of Aldermen may be further adjourned by similar motion. No notice of an adjourned meeting need be given to any Alderman present when the motion to adjourn was made and voted upon, but notice of an adjourned meeting shall be given by the City Clerk to any absent member of the Board (and to the Mayor, if he/she was absent) in the same manner and within the same times as provided in Section 110.180 for a special meeting. No purpose or purposes of an adjourned meeting need be stated in the adjournment motion.
[R.O. 2009 § 105.014; R.O. 2007 § 105.014; Ord. No. 1196, 2-6-1992]
At all meetings of the Board of Aldermen, a majority of the Board of Aldermen holding office at the time of such meeting shall constitute a quorum, but less than a majority may meet and adjourn or compel the attendance of absent Aldermen in a summary manner by issuing a writ signed by the Presiding Officer and directed to the Chief of Police or any Police Officer commanding such officer to arrest and bring each or any absentee to such meeting.