City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2804-11, adopted October 18, 2011, repealed ch. 130 "personnel" in its entirety. Former ch. 130 derived from ord. no. 920 §§1 — 11, 1-23-1984; ord. no. 962 §§1 — 2, 1-8-1985; ord. no. 1570 §1, 9-20-1994; ord. no. 1571 §1, 9-20-1994; ord. no. 1572 §1, 9-20-1994; ord. no. 1574 §1, 9-20-1994; ord. no. 1599 §1, 2-21-1995; ord. no. 1654 §1, 12-19-1995; ord. no. 1678 §1, 5-21-1996; ord. no. 1809-98 §1, 9-22-1998; ord. no. 1841-99 §1, 2-16-1999; ord. no. 1913-00 §1, 1-25-2000; ord. no. 1975-01 §1, 1-16-2001; ord. no. 2091-02 §1, 5-21-2002; ord. no. 2306-04 §1, 8-17-2004; ord. no. 2394-05 §1, 7-19-2005; ord.no. 2441-06 §1, 2-21-2006; ord. no. 2503-06 §1, 11-7-2006; ord. no. 2504-06 §1, 11-7-2006; ord. no. 2510-06 §1, 11-21-2006; ord. no. 2529-07 §§1 — 2, 1-16-2007; ord. no. 2552-07 §1, 5-15-2007; ord. no. 2563-07 §1, 6-19-2007; ord. no. 2595-07 §1, 12-4-2007; ord. no. 2778-11 §1, 1-4-2011. The Board of Alderpersons is adopting a new personnel handbook by resolution which will be on file in the City offices.
[Ord. No. 2917-15 §1, 4-7-2015]
Pursuant to Section 79.070, RSMo., no person shall be a member of the Board of Aldermen unless he or she is 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 or her election, and a resident, at the time he or she files and during the time he or she serves, of the ward from which he or she is elected.
[Ord. No. 2917-15 §1, 4-7-2015]
Pursuant to Section 79.080, RSMo., no person shall be Mayor unless he or 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 preceding his or her election.
[Ord. No. 2917-15 §1, 4-7-2015]
A. 
Pursuant to Section 79.090, RSMo., the Board of Aldermen shall elect one 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. The Acting President of the Board of Aldermen may commonly be referred to as Mayor pro tern.
B. 
Pursuant to Section 79.100, RSMo., 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 of the Mayor, until the Mayor's return.
[Ord. No. 2917-15 §1, 4-7-2015]
A. 
Pursuant to Section 79.110, RSMo., the Mayor and Board of Aldermen 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.
B. 
Pursuant to Section 79.120, RSMo., 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 be or she preside or vote in cases when he or she is an interested party. He or 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.
C. 
Pursuant to Section 79.150, RSMo., 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.
D. 
Pursuant to Section 79.160, RSMo., the Board of Aldermen shall semiannually each year, at times to be set by the Board of Aldermen, make out and spread upon its 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.
E. 
Pursuant to Section 79.180, RSMo., 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.
F. 
Pursuant to Section 79.190, RSMo., 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.
G. 
Pursuant to Section 79.200, RSMo., the Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he 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.
H. 
Pursuant to Section 79.210, RSMo., the Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his opinion, tend to the improvement of the finances, the police, health, security, ornament, comfort and general prosperity of the City.
I. 
Pursuant to Section 79.220, RSMo., 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.
[Ord. No. 2917-15 §1, 4-7-2015]
A. 
Pursuant to Section 79.130(1), RSMo., the style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of ........., 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.
B. 
Pursuant to Section 79.140, RSMo., every bill duly passed by the Board of Aldermen and presented to the Mayor and by him 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 neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his signature.