Cross References — Elections, ch. 120; airport authority, ch. 140; emergency management, ch. 225; municipal judge, ch. 125, art. II; planning and zoning commission, ch. 415; housing authority, ch. 410; land clearance for redevelopment authority, ch. 410, art. II.
State Law References — Cities of the 3rd class generally,
ch. 77, RSMo.; city manager form of government of 3rd class cities,
§§78.430, et seq., RSMo.; provisions relative to all cities,
§§71.010, et seq., RSMo.
[R.O. 2012 §105.010; CC 1973 §2-1]
Nothing contained in this ordinance and Code of Ordinances shall
be construed to repeal or otherwise affect any administrative ordinance
of the City not in conflict or inconsistent with the provisions of
this ordinance and Code of Ordinances.
[R.O. 2012 §105.020; CC 1973 §2-2]
The City Council shall appoint a City Manager, a City Clerk,
City Collector and City Treasurer; the offices of the City Clerk and
City Collector may be filled by one (1) person. All other officers
and employees of the City shall be appointed and discharged by the
City Manager, the Council to have power to make rules and regulations
governing the same.
[1]
State Law Reference — Similar provisions, §78.600,
RSMo.
[R.O. 2012 §105.030; CC 1973 §2-3]
All elective and appointive officers of the City shall, before
entering upon the duties of their respective offices, take and subscribe
to an oath or affirmation before some court of record in the County,
the Municipal Judge, or the City Clerk, that he/she possesses all
the qualifications prescribed for his/her office by law and the ordinances
of the City, that he/she will support the Constitution of the United
States, the Constitution of the State, the provisions of all laws
of the State affecting the City, and all ordinances of the City, and
that he/she will faithfully demean himself/ herself in office, which
oath of office shall be filed in the office of the City Clerk.
[1]
State Law Reference — Officer's oath, §77.390,
RSMo.
[R.O. 2012 §105.040; Ord. No. 4887 §1, 5-9-1949; CC 1973 §2-4]
A.
Within
fifteen (15) days after their appointment and before entering upon
the duties of their respective office, officers of the City as required
by the City Council from time to time shall execute and give bond
to the City with two (2) or more good and sufficient sureties, or
an indemnity company authorized to do business in this State, conditioned
for the faithful performance of his/her duties, and that he/she will
account for, pay over and deliver all money or property belonging
to the City that shall come into his/her hands or possession, or with
which he/she shall be properly charged, in the amounts respectively
prescribed by the Council.
B.
Such
bonds shall be approved by the City Manager as to surety and approved
by the City Attorney as to form and legal effect, except that the
bond for the City Manager shall be a corporate surety bond and shall
be approved by the Mayor as to surety.
[1]
State Law Reference — Officer's oath, §77.390,
RSMo.
[R.O. 2012 §105.050; CC 1973 §2-5]
The City Council shall provide for all offices and positions
in addition to those specified in State law or this Code which may
become necessary for the proper carrying on of the work of the City.
[R.O. 2012 §105.060; CC 1973 §2-6]
The creation of all offices, positions of employment and salaries
which may be provided for by the Council under the provisions of this
Code shall be by ordinance and shall be for an indefinite term.
[1]
State Law Reference — Compensation of officers, employees,
§77.440, RSMo.
[R.O. 2012 §105.070; CC 1973 §2-7]
The Council shall 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.
[R.O. 2012 §105.090; CC 1973 §2-9]
The person appointed to the office of City Clerk-Collector by
the Mayor, with the consent of the Council, shall have the powers,
duties and responsibilities as provided by the State law.
[1]
State Law Reference — Duties of the city clerk generally,
§77.410, RSMo.
[R.O. 2012 §105.100; Ord. No. 88-3-12 §§1 — 3, 3-21-1988]
A.
The
City Collector is hereby required to prepare a list of delinquent
taxes remaining due and uncollected for each year, to be known as
"The Land and Lot Delinquent List".
B.
The
list shall contain the following items:
1.
A listing in numerical order of all tracts of land or City lots on
which back taxes are due, with a legal description thereof;
2.
Opposite each tract of land, or City lot listed, the name of the
owner, if known, and if unknown, the name of the person to whom the
lot was assessed.
3.
In appropriate columns, the year or years for which the land is delinquent,
the amount of original tax at the time of making the back tax book,
the Clerk's fees then due, and the aggregate amount of taxes, assessments,
interest and Clerk's fees charged against the land for all years delinquent.
C.
This
list shall be returned to the Council by the City Collector for the
Council's approval.
[R.O. 2012 §105.110; CC 1973 §2-10]
Whenever for any reason the City Clerk is temporarily unable
to attend any meeting of the Council or to perform the duties of his/her
office, the Council, by resolution, may appoint a temporary Clerk,
who shall have the same power and perform the same duties as the regular
City Clerk, and shall receive the same compensation for the time he/she
so acts as temporary Clerk, but in no event shall the regular City
Clerk and temporary City Clerk receive any pay for the time he/she
fails to perform the duties of his/her office as herein provided.
[1]
State Law References — Similar provisions, §77.420,
RSMo.; city clerk duties generally, §77.410, RSMo.
[R.O. 2012 §105.120; CC 1973 §2-11]
The person appointed to the office of City Treasurer by the
Mayor, with the consent of the Council, shall have the powers, duties
and responsibilities as provided by State law.
[1]
State Law Reference — Duties of city treasurer, §§95.290
— 95.305, 95.325, RSMo.
[R.O. 2012 §105.130; CC 1973 §2-12]
The City Attorney shall be a licensed and practicing attorney.
[1]
State Law Reference — Duties of city attorney, §§98.330,
98.340, RSMo.
[R.O. 2012 §105.140; CC 1973 §2-13]
Nothing contained in this Code of Ordinances or in the ordinance
adopting this Code of Ordinances shall be construed to repeal or affect
any ordinances of the City adopting or providing for social security,
retirement and pension funds, and plans, insurance coverage and other
benefits for the employees and officers of the City.
[R.O. 2012 §105.150; Ord. No. 6240 §1, 3-6-1972; CC 1973 §2-14; Ord. No. 92-3-5 §1, 3-16-1992]
Due to the handling cost of bad checks a service charge equal
to the maximum allowed by State Statute shall be collected before
said check can be redeemed.
[R.O. 2012 §105.155; Ord. No. 10-06-05 §1, 6-7-2010; Ord. No. 22-08-07, 9-6-2022]
A service or convenience fee may be added to any non-utility
payment using credit or debit card in an amount not to exceed the
fee charged by the card issuer or processor.
[R.O. 2012 §105.160; Ord. No. 6395 §1-3, 5-6-1974]
A.
The
Retention Manual is adopted as though fully set out herein and is
on file and available for inspection in the office of the City Clerk.
B.
The
office of the City Clerk is given the responsibility, and authority
to carry out the provisions of the manual.
C.
All
departments and boards of the City are to comply with the manual and
its provisions through the office of the City Clerk.
[R.O. 2012 §105.170; Ord. No. 6644 §1, 10-3-1977]
The position of Director, Police and Fire Services is hereby
abolished and the positions of Police Chief and Fire Chief re-established.
[R.O. 2012 §105.190; Ord. No. 91-4-4 §§2 — 3, 4-1-1991]
A.
The
Electric Power and Light Department shall be headed by the City Manager.
This department shall have such other personnel as may, from time
to time, be authorized by the City Council, and such of the regular
City offices and employees as may, from time to time, be detailed
for duty therein by the City Manager.
B.
The
Electric Power and Light Department shall be responsible for the development
and administration of municipal electric utility activities as authorized
by Chapter 19, RSMo.
[R.O. 2012 §105.200; Ord. No. 6696 §§1 — 3, 8-7-1978]
A.
Generally. The Industrial Development Authority is hereby
established and shall conform to applicable regulations, now or hereinafter
in effect, as promulgated by the City Council of the City of Excelsior
Springs or any other governmental authority having jurisdiction therein.
B.
Board Of Directors, Qualifications, Etc. The corporation
shall have a board of directors in which all the powers of the corporation
shall be vested and which shall consist of any number of directors,
not less than five (5), all of whom shall be duly qualified electors
of and taxpayers in the City. The directors shall be resident taxpayers
for one (1) year immediately prior to their appointment. No director
shall be an officer or employee of the City. All directors shall be
appointed by the chief executive officer of the City with the advice
and consent of a majority of the City Council.
C.
Powers Of Corporation. The corporation is hereby granted
and may exercise all powers necessary or appropriate to carry out
and effectuate its purposes, as set out in Section 349.050, RSMo.
D.
City Not Liable. Bonds and notes issued under Section 349.080,
RSMo., by a corporation created by or pursuant to Sections 349.010
to 349.100, RSMo., shall not be a debt of the City.
[1]
State Law Reference — Similar provisions, ch. 349, RSMo.
[1]
Editor's Note: Former Section 105.200, Local Mass-Transportation
System Authority, was repealed 9-18-2017 by § 4, of Ord. No.
17-09-04.
[R.O. 2012 §105.230; Ord. No. 04-1-2 §§I — II, 1-20-2004]
A.
City Clerk/Deputy Clerk To Keep Records. The records of
the City shall be kept in the custody of the City Clerk and/or Deputy
City Clerk. For purposes of this Section, the word "public
record" shall be as defined in Section 130.010 of this Code.
B.
Destruction Of Records And Non-Record Materials.
1.
All records made or received by or under the authority of, or coming
into the custody, control or possession of City Officials in the course
of their public duties are the property of the City and shall not
be destroyed or otherwise disposed of, in whole or in part, except
as provided by law.
2.
No record shall be destroyed or otherwise disposed of unless it has
been determined that the record has no further administrative, legal,
fiscal, research or historical value.
3.
Records of the City may be disposed of or destroyed without the approval
of the Missouri Local Records Board if the same is permitted by the
Missouri Municipal Records Manual.
4.
Non-records do not require retention scheduling or destruction authorization
or reporting. To control excessive accumulation, it is necessary to
keep only current, useful materials and to destroy non-records immediately
after needs have been satisfied.
5.
If records are destroyed or donated to a local historical agency,
such action should be recorded in the City Council minutes with all
information related to the records and records' dates.
[R.O. 2012 §105.240; Ord. No. 10-3-2 §1, 3-1-2010]
A.
Created. There is hereby created the Enhanced Enterprise
Zone Board organized pursuant to Sections 135.950 through 135.970,
RSMo., as amended.
B.
Membership — Terms.
1.
The Board shall have seven (7) members comprised as follows:
2.
The school district member and the affected taxing district member
shall each have initial terms of five (5) years. Of the five (5) members
appointed by the Mayor and Council, two (2) shall have initial terms
of four (4) years, two (2) shall have initial terms of three (3) years
and one (1) shall have an initial term of two (2) years. Thereafter,
members shall serve terms of five (5) years. Each commissioner shall
hold office until a successor has been appointed. All vacancies shall
be filled in the same manner as the original appointment. For inefficiency
or neglect of duty or misconduct in office, a member of the board
may be removed by the applicable appointing authority.
C.
Functions And Duties. The functions and duties of the Board
shall include:
1.
Advise the City Council on the designation of the enhanced enterprise
zone and any other advisory duties as determined by the City Council.
2.
Review and assess zone activities, once the designation of the zone
has been completed.
3.
Submit an annual report to the Missouri Department of Economic Development
Director regarding the status of the zone and business activity therein
as set forth in Section 135.960, RSMo.
D.
Procedures.
1.
A majority of the members shall constitute a quorum of such Board
for the purpose of conducting business and exercising the powers of
the Board and for all other purposes. Action may be taken by the Board
upon a vote of a majority of the members present.
2.
The members of the Board annually shall elect a Chair from among
the members.
