[Ord. No. 832 § 1, 1-12-2017]
No person shall be an Alderman unless he/she is at least eighteen (18) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward which he/she is elected.
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, a registered voter and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
The Board shall elect one (1) of their own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
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, until the Mayor's return.
The Mayor and Board of Aldermen 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.
[Ord. No. 530 §1, 2-13-2003; Ord. No. 751 §1, 9-11-2014]
The Mayor shall appoint annually, at the first regular meeting following the April election, or as soon thereafter as practicable, standing committees consisting of two (2) Board of Aldermen members for the following committees:
[Ord. No. 842 § 1, 6-8-2017]
Department heads shall communicate all matters to come before the full Board of Aldermen through their respective committee members.
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 he/she preside or vote in cases when he/she is an interested party. He/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.
The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of Gerald, 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.
Editor’s Note: Section 1 of Res. No. 2017-29 states as follows: “The above recitals are incorporated as though fully set forth in this Section One.” The “above recitals” refers to the “whereas” clauses of this resolution, which provided, in part, for the adoption of a procedure stating that the introduction and first reading of a proposed ordinance would occur at the same meeting of the Board of Aldermen, but the second reading would occur at the following meeting of the Board. The full text of this resolution is on file in the City offices.
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her 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 (⅔) 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/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.
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.
The Board of Aldermen shall semi-annually each year, in July and January of each year, make out and spread upon their 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.
In the event the financial statement of the City is not published as required by Section 110.100 hereof, the City Treasurer shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. If the City Treasurer violates the provisions of this Section he/she shall be deemed guilty of a misdemeanor.
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.
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.
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; and he/she 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.
The Mayor shall, from time to time, communicate to the Board of Aldermen 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.
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. 721 §1, 4-25-2013; Ord. No. 747 §1, 7-8-2014; Ord. No. 849 § 1, 7-13-2017]
The regular meetings of the Board of Aldermen of the City of Gerald shall be held on the second Thursday of each month at the hour of 6:30 P.M. at City Hall, 106 East Fitzgerald, effective August 10, 2017.
The regular meetings of the Board of Aldermen of the City of Gerald shall end on or before 9:00 P.M. CST/DST, unless by a vote of the majority of the Board members present.
Exception. When the regular meeting date falls on a nationally observed holiday, the meeting date will be adjusted accordingly. The City Clerk shall give appropriate notice to all concerned parties at least twenty-one (21) days in advance of such occasion.
Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk, who shall thereupon prepare a notice of such special meeting, stating time, place and object thereof, which notice shall be served personally or by telephone upon each member of the Board or left at his/her usual place of residence at least twenty-four (24) hours before the time of the meeting and appropriate notice to the public pursuant to the requirements of Chapter 610, RSMo. It shall also be the duty of the City Clerk, immediately upon receipt of the request for the meeting, to make diligent effort to notify each member of the Board in person, either by telephone or otherwise, of such special session.
The City Clerk shall make a diligent effort to notify those members of the mass media who customarily attend meetings of the Board of Aldermen of the special session, in the same manner as described above.
Failure to comply with the requirements of this Section shall not invalidate any action taken at a special meeting of the Board of Aldermen.
A quorum of the Board of Aldermen shall consist of a majority of the full membership of the Board of Aldermen.
In case that a lesser number than a quorum shall convene at a regular or special meeting of the Board of Aldermen, the majority of the members present are authorized to direct the Chief of Police or other City Officer to send for and compel the attendance of any or all absent members upon such terms and conditions and at such time as such majority of the members present shall agree.
All adjourned meetings of the Board shall, to all intents and purposes, be continuations of the meetings of which they are adjournments, and the same proceedings may be had at such adjourned meetings as at the meeting of which they are adjournments.