[R.O. 2016 § 110.010; CC 1994 § 2.205]
The City Council shall be composed
of two (2) Councilpersons from each Ward; and in the absence of the
Mayor, shall be presided over by the President Pro Tem.
[R.O. 2016 § 110.020; CC 1994 § 2.210]
No person shall be a Councilperson
unless he/she is at least 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 preceding his/her election, and a resident of the
Ward from which he/she is elected six (6) months preceding his/her
election.
[R.O. 2016 § 110.030; CC 1994 § 2.215; Ord. No. 496-03 §§ 1 — 2, 11-11-2003]
At the first regular meeting of the
City Council after the election in each year, but not later than the
fourth Tuesday in April, the Council shall elect one (1) of its members
President Pro Tem who shall hold his/her office for the term of one
(1) year and who, in the absence of the Mayor, shall preside at the
meetings of the Council; however, in the absence of the Mayor and
President Pro Tem, the Council may select one (1) of its members present
to preside at such meetings, who shall be styled "Acting President
Pro Tem."
[R.O. 2016 § 110.040; CC 1994 § 2.240]
The City Council 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, to execute any
such process. The officer making any such service shall be entitled
to receive therefor the fees allowed by law in the Circuit Court for
similar services, to be paid by the City. The President of the Council,
or President Pro Tem, shall have power to administer oaths to witnesses.
[R.O. 2016 § 110.050; CC 1994 § 2.245; Ord. No. 872-09 § 1, 11-17-2009]
A.
The City Council shall have power to fix
the compensation of all the officers and employees of the City, except
as otherwise provided in this Code.
B.
The compensation of the following enumerated
officers shall be as follows:
1.
Mayor: Compensation of the Mayor
is set at one hundred fifty dollars ($150.00) per month and said salary
or compensation shall not be increased during the term of office as
required by Article VII, Section 13, of the State Constitution.
2.
Councilpersons: Compensation of Councilpersons
is set at one hundred dollars ($100.00) per month for each Councilperson
and said salary or compensation shall not be increased during the
term of office as required by Article VII, Section 13, of the State
Constitution; provided, however, that any Councilperson shall have
the right to elect to take no compensation for the Councilperson's
duties on the City Council.
3.
Municipal Judge: Compensation of
the Municipal Judge shall be that as set by separate contract; provided,
however, that the Judge's compensation shall not be diminished during
any term of office as required by Article V, Section 20, of the State
Constitution.
4.
City Counselor and City Attorney:
Compensation for the City Counselor and City Attorney shall be that
as set by separate contract or contracts.
[R.O. 2016 § 110.060; CC 1994 § 2.250]
The Mayor and City Council are hereby
authorized to issue and negotiate bonds or other securities for any
purpose authorized by and in compliance with the terms of Sections
77.160, 77.180, and 95.320 et seq., RSMo.
[R.O. 2016 § 110.070; CC 1994 § 2.255]
The City Council shall cause to be
kept a journal of its proceedings, and the ayes and nays of the members
shall be entered on any question at the desire of any two (2) members.
The Council may prescribe and enforce such rules as may be necessary
to secure the attendance of its members and the expeditious transaction
of its business.
[R.O. 2016 § 110.080; CC 1994 § 2.260]
The Council shall at the end of the
fiscal year and six (6) months after the end of the fiscal year, publish
a full and detailed statement of the receipts and expenditures and
indebtedness of the City for the preceding six-month period, which
statement shall be published in a newspaper of general circulation
in the City.
[R.O. 2016 § 110.090; CC 1994 § 2.265]
The Council may establish, alter
and change the channel of watercourses, and wall them and cover them
over and prevent obstructions on watercourses; may establish, make
and regulate public wells, cisterns and reservoirs of water, and provide
for filling the same; may purchase grounds and erect and establish
market houses and marketplaces, and regulate and govern the same;
and also contract with any person or persons, association or corporation
for the erection, maintenance and regulation of market houses and
marketplaces, on such terms and conditions and in such manner as the
Council may prescribe. The Council may also provide for the erection,
purchase or renting of a City Hall, workhouses, houses of correction,
prisons, engine houses and any and all other necessary buildings for
the City; and may sell, lease, abolish or otherwise dispose of the
same, and may enclose, improve, regulate, purchase or sell all public
parks or other public grounds belonging to the City, and may purchase
and hold grounds for public parks within the City, or within three
(3) miles thereof.
[R.O. 2016 § 110.100; CC 1994 § 2.270]
The Mayor and Council of the City
are authorized to accept gifts and grants and to borrow money and
execute, issue and negotiate bonds or other securities, for the purpose
of paying the cost of acquiring said property or the construction
of said buildings or works thereon, and to secure same by mortgages
or deeds of trust on said properties and the income and revenue derived
therefrom; which said mortgage or deeds of trust shall be a first
lien on all said property and all revenues or income therefrom and
shall be enforceable as provided therein but shall not be a debt of
said City or payable out of any revenue not derived from said property.
Said bonds issued under this Section shall bear interest at a rate
not exceeding the legal rate of interest as set by the State of Missouri,
payable annually or semiannually, shall be executed in such manner
and be payable serially in annual installments beginning not later
than three (3) years and extending not more than forty (40) years
from the date thereof, and at such place or places as the Mayor and
Council shall determine. Any income, receipts, collections and profits
from any properties on which such a mortgage or deed of trust has
been so executed shall be held and kept in the City Treasury as a
separate fund and payments therefrom shall be made only as provided
by said mortgage or deed of trust.
[R.O. 2016 § 110.110; CC 1994 § 2.275]
Before any bonds shall be issued
the Mayor and Council shall, by ordinance, provide that said bonds
shall be issued, which said ordinance shall fix the maximum amount
of said bonds and in a general way the purposes for which said money
shall be expended and shall submit the question to issue bonds to
the voters of the City. The ballots shall state the maximum amount
of bonds proposed to be issued and the fact that such bonds are not
to be payable from taxation and will not be a debt of said City and
the general purpose for which they are to be issued. If the majority
of voters voting on the question assent, the Mayor and City Council
may, by ordinance, cause such bonds of Park Hills not exceeding the
maximum amount submitted to the voters to be issued for the purpose
set out in said ordinance and secure the same as herein provided.
[R.O. 2016 § 110.120; CC 1994 § 2.280]
The Mayor and City Council, in proceeding by ordinance to purchase and condemn lands for the purpose stated in Section 77.160, RSMo., and City Code Section 110.100, may proceed in the manner provided by law for the establishment of streets, avenues, alleys or marketplaces or public squares, but it shall not be necessary to establish a benefit district or assess benefits, or, unless there are nonresident or unknown defendants, to give notice by publication as therein provided; and on such condemnation and the payment of the appraisement as therein provided, the title of such lands shall vest in the City for the uses and purposes for which taken.
[R.O. 2016 § 110.130; CC 1994 § 2.285]
The Council may purchase fire engines,
hook and ladder outfits, hose and hose carts, buckets and all other
apparatus useful in the extinguishing of fires, and organize fire
companies, and prescribe rules of duty for the government thereof,
with such penalties for the violation thereof as they may deem proper,
not exceeding one hundred dollars ($100.00), and to make all necessary
expenditures for the purchase of such fire apparatus and the payment
of such fire companies.
[R.O. 2016 § 110.140; CC 1994 § 2.290]
The Council has the sole authority,
by ordinance, to grant the right to any person or persons, or corporation,
to make and construct railroads or street railroads in any street
or highway of the City, and to control and regulate the use thereof;
provided that no such railroad or street railroad shall be located
on any street or highway in the City, or any portion of such street
or highway, until a majority of the residents, owners of land abutting
on said street or highway, or such portion thereof, shall first assent
thereto in writing; and provided further that no such railroad or
street railroad shall be constructed or operated until all damages
to such abutting lands shall have been first ascertained and paid
to the owners thereof by the person, persons or corporation constructing
said railroad or street railroad, and the City Council shall pass
suitable ordinances providing the manner and way of ascertaining any
damages contemplated by this Section.
[R.O. 2016 § 110.150]
The City may grant to any person
or corporation formed under the laws of this State or doing business
as a foreign corporation under the laws of this State, the privilege
and franchise for a period of thirty (30) years, to use the streets,
alleys and other public places of such cities, for the purpose of
laying pipes, conduits or other heating apparatus thereon and therein,
and connecting same with the heating plant of such person or corporation,
to furnish heat to the inhabitants of the City at a reasonable rate
to be agreed upon by the person or corporation furnishing the heat
and the person using the same. Such privilege and franchise may be
renewed for another period or periods not to exceed thirty (30) years
per period. The plant to heat the City may be by means of hot water,
steam, hot air or electricity, or in any other mode that may be advisable,
but the person or corporation, to which the franchise or privilege
is granted, shall commence operation under its franchise or right
within two (2) years after the granting of such franchise or right,
or the same shall be forfeited. Such franchise or privilege may be
extended or renewed by the City Council of such City for another period
or periods of not more than thirty (30) years per period, and the
extensions or renewals of such franchise or privilege shall be subject
to voter approval of the majority of the voters voting on the question,
pursuant to the provisions of Section 88.251, RSMo. An initial privilege
or franchise must be approved by a majority of the voters of the City
voting on the question.
[R.O. 2016 § 110.160; CC 1994 § 2.296]
Whenever it is deemed necessary by
the Council to change the name of any street or avenue, the Council
shall, by resolution, declare such proposed change of name necessary
to be made, and shall cause such resolution to be published at least
one (1) week in some newspaper published in the City; and if, within
four (4) weeks after such publication, a majority of the resident
property owners along the line of such street or avenue do not file
with the City Clerk their written protest against such proposed change
of name, then the Council shall have power by ordinance to change
the name of such street or avenue in accordance with the terms of
such resolution; and upon the passage and approval of such ordinance,
the City Clerk shall file with the recorder of deeds of the proper
County a certified copy of such ordinance, and such recorder shall
enter the same upon the records of such County.
[R.O. 2016 § 110.170; CC 1994 § 2.405]
No person shall be Mayor unless he/she
be at least thirty (30) years of age, a citizen of the United States
and a resident of such City at the time of and for two (2) years next
preceding his/her election.
[R.O. 2016 § 110.180; CC 1994 § 2.410]
When any vacancy shall happen in the office of Mayor, by death,
resignation, removal from the City, removal from office, refusal to
qualify or otherwise, nominations of a successor may be made by any
Councilperson and selected with the consent of a majority of the members
of the Council. The Council may adopt procedures to fill any such
vacancy consistent with this Section. In the case of a temporary absence
of the Mayor or disability to perform the duties of his or her office,
the President Pro Tem of the Council shall perform the duties of Mayor
until the Mayor shall return or such disability be removed; and during
the time the President Pro Tem of the Council shall act as Mayor,
the President Pro Tem shall receive the same compensation that the
Mayor would be entitled to.
[R.O. 2016 § 110.190; CC 1994 § 2.415]
The Mayor shall be President of the
Council and shall preside over same, but shall not vote except in
case of a tie in said Council, when he/she shall cast the deciding
vote; provided, however, that he/she shall have no such power to vote
in cases when he/she is an interested party. He/she shall have the
superintending control of 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. 2016 § 110.200; CC 1994 § 2.420]
The Mayor and Council of the City
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. 2016 § 110.210; CC 1994 § 2.430]
The Mayor shall also have the power
to veto any resolution or order of the Council which calls for or
contemplates the expenditure of the revenues of the City. Such vetoes
shall be noted on the journal of the Council, and shall be effective
and binding unless the Council, at a subsequent session thereof, general
or special, shall pass said resolution or order by a vote of three-fourths
(3/4) of all the members elected to the Council.
[R.O. 2016 § 110.220; CC 1994 § 2.435]
The Mayor shall, from time to time,
communicate to the Council 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.
[R.O. 2016 § 110.230; CC 1994 § 2.445]
The Mayor shall have power to require,
as often as he/she may deem it necessary, any Officer of the City
to exhibit his/her accounts or other papers or records, and to make
report to the Council, in writing, touching any subject or matter
pertaining to his/her office.
[R.O. 2016 § 110.240; CC 1994 § 2.450]
The Mayor shall sign the commissions
and appointments of all City Officers elected or appointed in the
City, and shall approve all official bonds.
[R.O. 2016 § 110.250; CC 1994 § 2.455; Ord. No. 126-96A §§ 1 — 2, 1-28-1997; Ord. No. 144-97 § 1, 7-8-1997; Ord. No. 179-98 §§ 1— 2, 2-17-1998; Ord. No. 308-99 §§ 1
— 2, 12-14-1999; Ord. No. 807-08 §§ 1— 2, 9-9-2008]
The Mayor, with the consent and approval
of a majority of the members elected to the City Council, shall have
the power to appoint a Municipal Court Judge, City Attorney, City
Counselor, City Engineer and Chief of Police.
[R.O. 2016 § 110.260; CC 1994 § 2.460]
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.
[R.O. 2016 § 110.270; CC 1994 § 2.465]
The Mayor shall have power to remit
fines and forfeitures and to grant reprieves and pardons for offenses
arising under 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 the City by reason of any prosecution
under the laws or ordinances of said City.
[R.O. 2016 § 110.280; Ord. No. 149-97 § 1, 7-8-1997; Ord. No. 253-99 § 1, 3-9-1999; Ord. No. 262-99 § 1, 4-13-1999; Ord. No. 362-01 §§ 1 —2, 5-8-2001; Ord. No. 412-02 §§ 1
— 2, 4-9-2002; Ord.
No. 565-04 § 1, 8-10-2004]
The City Council shall form the following
committees: the Public Safety Committee, the Public Works and Utilities
Committee, the Administration and Personnel Committee, the Park, Library,
and Senior Center Committee, and the Community Development, Code Enforcement
and Ordinance Committee. These committees shall act as working committees
of the City Council and shall meet on an as-needed basis to consider
items and issues, conduct investigations, and make recommendations
to the City Council as a whole.
[R.O. 2016 § 110.290; Ord. No. 149-97 § 1, 7-8-1997; Ord. No. 565-04 § 2, 8-10-2004]
All committees shall consist of three
(3) members of the Park Hills City Council who shall have been appointed
by the Mayor and approved by the City Council. The Mayor and City
Administrator shall serve as non-voting, ex officio members of all
committees. No member of the City Council shall be appointed to any
committee where there is either a conflict of interest or the appearance
of a conflict of interest.
[R.O. 2016 § 110.300; Ord. No. 149-97 § 1, 7-8-1997]
The City Council shall periodically
review the functions of the various committees and shall adopt guidelines
as to their operations and responsibilities. The committees shall
be limited in their responsibilities to carrying out the functions
necessary to meet the guidelines which shall be periodically adopted.
In no case shall any committee interfere in the daily operation of
any department nor bypass the accepted chain of command regarding
operational matters without specific approval/direction of the Mayor
or of the City Council as a whole.
[R.O. 2016 § 110.310; Ord. No. 149-97 § 1, 7-8-1997]
Once appointed and approved a member
of a committee shall serve their entire term unless removed for cause.
No member may be removed for cause without first having a hearing
by the City Council as a whole. Vacancies on any committee shall be
filled by appointment by the Mayor with approval of the City Council
for the uncompleted term only.
[R.O. 2016 § 110.320; Ord. No. 149-97 § 1, 7-8-1997; Ord. No. 1130-15 § 1, 8-11-2015]
The Mayor shall appoint or reappoint
members of committees prior to convening a committee. Members shall
serve until their successors are appointed.
[R.O. 2016 § 110.330; Ord. No. 1130-15 § 2, 8-11-2015]
