Any standard form required for any purpose under this Charter,
or by ordinance enacted pursuant thereto, shall be available through
the office of the City Clerk.
Any City Officer or employee who has a substantial financial
interest, direct or indirect or by reason of ownership of stock in
any corporation, in any contract with the City or in the sale of any
land, material, supplies or services to the City or to a contractor
supplying the City shall make known that interest and shall refrain
from voting upon or otherwise participating in the capacity of a City
Officer or employee in the making of such sale or in the making or
performance of such contract. Any City Officer or employee who wilfully
conceals such a substantial financial interest or wilfully violates
the requirements of this Section shall be guilty of malfeasance in
office or position and shall forfeit such office or position. Violation
of this Section with the knowledge express or implied of the person
or corporation contracting with or making a sale to the City shall
render the contract or sale voidable by the City Manager or Council.
Nepotism. No official or employee of this City
shall, by virtue of such office or employment, name or appoint to
public office or employment any relative within the fourth (4th) degree,
by blood or marriage.
Discrimination. No person or group in the City
shall be, on grounds of race, sex, color, creed, religion or national
origin, denied benefits or in any way discriminated against by the
City of Neosho or its agents in the performance of his or their duties,
nor shall any officer or employee of the City be the subject of discrimination
as herein provided.
Political Activity. No paid employee of the
City, while so employed, shall be a candidate for the City Council.
False Affirmations. No person shall wilfully
make any false statement, certificate, mark, rating or report in regard
to any test, certification or appointment under the provisions, rules
and regulations made pursuant to this Charter, or in any manner commit
or attempt to commit any fraud preventing the impartial execution
of such provisions, rules and regulations.
Improper Inducements. No person who seeks appointment
or promotion, with respect to any City position or appointive City
administrative office, shall directly or indirectly give, render or
pay any money, service, or other valuable thing to any person for
or in connection with his test, appointment, proposed appointment,
promotion or proposed promotion.
Penalty. Any person who wilfully violates any
provision of this Section shall thereby forfeit any office, position
or employment with the City and, unless otherwise punishable, shall
be guilty of a misdemeanor and upon conviction thereof shall be punishable
by a fine of not more than five hundred dollars ($500.00) or by imprisonment
for not more than thirty (30) days, or both.
Under this Charter, the City Council or any of its agents shall
have no authority to consummate any illegal ordinance or act or to
otherwise engage in any illegal activity, and all such actions shall
be null and void. Any party contracting with or otherwise engaging
in such activities with the City or its agents does so at his peril.
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
within ninety (90) days of the occurrence for which said damage is
claimed, stating the place, time, character and circumstances of the
injury, and that the person so injured will claim damages therefor
from the City.
Improvements. The procedure for making, altering,
vacating or abandoning a public improvement shall be governed by general
ordinance, consistent with applicable State law.
Special Assessments. The procedure for levying,
collecting and enforcing the payment of special assessments for public
improvements or special tax bills evidencing such assessments shall
be governed by general ordinance, consistent with applicable State
law.
Any ordinance may be proved by a copy thereof certified by the
City Clerk under the Seal of the City; or, when printed and published
by authority of the City, it shall be received in evidence in all
courts, or other places, without further proof of authenticity.
If any provision of this Charter be held invalid, other provisions
of the Charter shall not thereby be affected.
Final authority on all matters arising under this Charter, in
accordance with procedures as may be established by ordinance, shall
be vested in the Council, subject to appeal or review by courts of
competent jurisdiction.
Amendments to this Charter may be framed and submitted to the
voters by a Commission in the manner provided by law and the Constitution
for framing and submitting a complete Charter. Amendments may also
be proposed by the Council or by petition of not less than ten percent
(10%) of the 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
by law and the Constitution for a Charter. Any amendment approved
by a majority of those voting thereon shall become a part of the Charter
at the time and under the conditions fixed in the amendment; Sections
or Articles may be submitted separately or in the alternative and
determined as provided by law and the Constitution for a complete
Charter.
The Council shall, by ordinance or resolution, provide for the
preservation and continuation of government in the event of disaster
which renders unavailable all or a majority of the Council.
[Referendum of 11-5-1991]
The Council shall review the Charter every five (5) years from
the date of the last amendment to the Charter.
