[R.O. 1952 §2.27; CC 1988 §2-21]
The Council shall consist of five (5) members. The terms of Councilmen shall be three (3) years.
No person shall be a candidate for municipal office unless such person complies with the provisions of Section 115.346, RSMo., regarding payment of municipal taxes or user fees.
[R.O. 1952 §2.24; CC 1988 §2-22]
No person shall be eligible to the office of Councilman who is not twenty-one (21) years of age prior to taking office, a citizen of the United States and an inhabitant of the City for one (1) year next preceding his/her election.
[R.O. 1952 §2.29; CC 1988 §2-23]
All Councilmen shall be elected at large, but for voting purposes the Council may divide the City into voting precincts.
[R.O. 1952 §2.43; CC 1988 §2-41; Ord. No. 2503 §1, 5-20-1974]
The City Council shall, at the time of organizing, elect one (1) of its members as Mayor and another as Chairman Pro Tem for a term of one (1) year. In case the members of the City Council, within five (5) days after the time herein fixed for their organization meeting, are unable to agree upon a Mayor or a Chairman Pro Tem, or both, as the occasion may require, such officers shall be selected from all the members of such Council by lot, and a record thereof shall be made upon the journal of the Council. The time of organizing the City Council shall be the first (1st) meeting after the general election each year.
[R.O. 1952 §§2.44 — 2.45; CC 1988 §§2-42 — 2-43]
The City Council shall at the time of organizing elect one (1) of its members as Mayor and another as Chairman Pro Tem for a term of one (1) year. In case the members of the City Council, within five (5) days after the time herein fixed for their organization meeting, are unable to agree upon a Mayor or a Chairman Pro Tem, of such Council, then a Mayor or Chairman Pro Tem, or both, as the occasion may require, shall be selected from all the members of such Council by lot and a record thereof shall be made upon the journal of the Council.
The Mayor shall preside at all meetings of the Council and perform such other duties consistent with his/her office as may be imposed by it; and he/she shall have a voice and vote in its proceedings, but no veto.
The Mayor shall be recognized as the official head of the City by the courts for the purpose of serving civil process, by the Governor for the purpose of military law, and for all ceremonial purposes. The powers and duties of the Mayor shall be such as are conferred upon him/her by Sections 78.430 to 78.640, RSMo., and no others.
If the Mayor be temporarily absent from the City, or become temporarily disabled from any cause, his/her duties shall be performed during such absence or disability by the Chairman Pro Tem. In the absence of both the Mayor and Chairman Pro Tem the other members of the City Council shall select one (1) of their number to perform the duties of Mayor.
At the hour designated for Council meetings the Mayor shall call the Council to order, and after rollcall, if a quorum be present, he/she shall cause minutes of the last preceding meeting to be read for correction and approval. He/she shall preserve order and decorum and decide all questions of order, subject to an appeal to the Council. He/she shall appoint all committees, the appointment or election of which is not otherwise provided for by law or ordinance.
[R.O. 1952 §2.31; CC 1988 §2-28]
Except as herein otherwise provided, the Council of the City shall have all of the powers now or hereafter given to the Council or to the Mayor and Council jointly, under the law by which the City was governed under its former organization and shall have such power over and control of the administration of the City Government as is provided in Sections 78.430 to 78.640, RSMo.
It shall be the duty of the Council to pass all ordinances and other measures conducive to the welfare of the City and to the proper carrying out of the provisions of Sections 78.430 to 78.640, RSMo. It shall appoint a suitable person not a member of the Council to be the administrative head of the City Government, whose official title shall be "City Manager". The Council shall also provide for all offices and positions, in addition to those herein specified, which may become necessary for the proper carrying on of the work of the City and shall fix the salary and compensation of all officers and employees of the City not herein provided for. All officers of the City shall be paid in equal monthly installments for their services, and all employees of the City shall be paid monthly or at such shorter periods as the Council shall determine. The creation of all offices and salaries attached thereto, which may be provided for by the Council under Sections 78.430 to 78.640, RSMo., shall be by ordinance, and they shall all be for an indefinite term. The Council shall also provide office rooms at the City Hall or at some other convenient and suitable place in the City for the transaction of the business of the City and for the convenience of its officers.
[CC 1988 §17-39]
It shall be unlawful for any person who shall be duly served by a subpoena or subpoena duces tecum issued by the City Council or the City Manager to fail or refuse to obey all the terms and conditions of the subpoena or subpoena duce tecum.
[CC 1988 §2-29; Ord. No. 3000 §1, 8-20-1990]
The Council shall appoint a City Manager, City Clerk and City Treasurer. The officers shall hold office at the pleasure of the Council.
[R.O. 1952 §2.47; CC 1988 §2-44]
The Mayor shall sign the commissions and appointments of all the officers elected or appointed, except those officers appointed by the City Manager, and approve all official bonds.
[R.O. 1952 §2.46; CC 1988 §2-45]
If the Mayor be temporarily absent from the City or becomes temporarily disabled from any cause, his/her duties shall be performed during such absence or disability by the Chairman Pro Tem. In the absence of both the Mayor and Chairman Pro Tem, the other members of the City Council shall elect one (1) of their number to perform the duties of Mayor.
[CC 1988 §2-31; Ord. No. 448 §1, 3-16-1953; Ord. No. 3729 §1, 6-18-2007; Ord. No. 3798 §1, 11-17-2008]
All members of the City Council elected or appointed and duly qualified shall be paid four hundred fifty dollars ($450.00) per year as compensation for their services, payable in equal quarterly installments effective November 1, 2008. Effective November 1, 2009, the City Council compensation shall increase from four hundred fifty dollars ($450.00) to six hundred dollars ($600.00).
[R.O. 1952 §2.34; CC 1988 §2-32]
Resignations of Councilmen shall be in writing and addressed to the Mayor.
[R.O. 1952 §2.28; CC 1988 §2-33; Ord. No. 2808 §5, 9-15-1986]
Should a vacancy occur in the office of Councilman by death, resignation or otherwise, the Council shall select a successor who shall serve until the next regular election.
[CC 1988 §2-24; Ord. No. 2947 §1, 6-19-1989; Ord. No. 3528 §1, 7-21-2003; Ord. No. 3763 §1, 2-20-2008]
The regular meeting of the City Council shall be held on the third (3rd) Monday of each month at 6:30 P.M. in the City Hall.
[R.O. 1952 §2.26; CC 1988 §2-25; Ord. No. 2487 §1, 12-3-1973]
The Mayor, or person acting as Mayor, or any two (2) members of the City Council shall have the power and are hereby authorized to call a special meeting of the City Council by serving a notice in writing on each member of the Council and the Mayor, or person acting as Mayor, by delivering to each of them a copy of such notice, or by leaving such copy at his/her usual place of abode with some inhabitant thereof over the age of fifteen (15) years. Such notice shall state the object of such meeting and the time of holding the same, and such notice shall be written out at length and copied upon the journal of the Council proceedings; provided, that no business other than that specified in such written notice shall be transacted at such special meeting.
The notice of special meetings shall also be delivered to local radio stations and newspapers stating the time, location, date and purpose of special meetings. The local news media shall acknowledge receipt of the special meeting notice by signing it.
[CC 1988 §2-26; Ord. No. 2935 §1, 1-18-1989]
Three (3) members of the Council shall constitute a quorum to do business; but no action thereof shall be valid unless at least three (3) shall vote in favor of such action. Upon every vote the "yeas" and "nays" shall be recorded and every ordinance shall be reduced to writing before the vote is taken thereon. Every ordinance passed by the Council must be signed by the Mayor or, in the Mayor's absence, by the Chairman Pro Tem or by two (2) members of the Council before the same shall be enforced.
Except as otherwise provided by Sections 78.430 through 78.630, RSMo., the style of ordinances of the City shall be: "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DE SOTO, MISSOURI, 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 Council shall vote therefor, and the "ayes" and "nays" shall be entered on the journal. Every proposed ordinance shall be introduced to the Council 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 Council. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be available for public inspection prior to the time the bill is under consideration by the Council. No bill shall become an ordinance until it shall have been signed by the person or persons authorized to do so at the meeting of the Council at which it shall have been passed.