City of Weldon Spring, MO
St. Charles County
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Table of Contents
Table of Contents
No person shall be an Alderman unless he/she be 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/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from 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, 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 each City governed by this Chapter 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.
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.
[Ord. No. 94-15 §§1 — 4, 2-24-1994]
Pursuant to the provisions of Section 79.130, RSMo., ordinances shall be passed by the following procedure:
A bill shall be introduced before the Board of Aldermen by the Alderman at any regular or special meeting of the Board.
Bills shall require one (1) second.
Unless a bill contains an emergency clause, it shall automatically be tabled upon introduction, second and discussion. It may be brought from the table for a vote no earlier than the next regular or special meeting.
All bills may be introduced and read by title only, provided extra copies are available for public review at the meeting when it is introduced. If extra copies are not available, the bill shall be read in its entirety at the regular or special meeting at which it is introduced.
A bill may be read by title only upon removal from the table before discussion so long as extra copies are available for public review. If extra copies are not available, the bill shall be read in its entirety upon removal from the table before discussion.
Upon passage, a bill shall be assigned an ordinance number and shall be kept by the Clerk in the ordinance book of the City.
Bills may contain an emergency clause providing for the waiver of the tabling procedure set forth above. If an emergency clause is passed, a bill may be voted upon immediately after reading at a regular or special meeting of the Board of Aldermen. Said emergency clause may be in the following form:
"The vote upon the aforesaid bill, being deemed an emergency by the Board of Aldermen, the Board does hereby waive and dispense with the tabling procedure as set forth in Ordinance __________ and does hereby authorize the reading of the above bill at a regular or special meeting and a vote thereon immediately following said reading."
All emergency clauses, whether in the form set forth above or any other, shall be voted upon separately and prior to vote upon the bill to which they are attached.
The Clerk shall record in the journal the "yeas" and "nays" of each member of the Board of Aldermen present and any Alderman who abstains.
All ordinances passed by the Board of Aldermen shall be effective from and after their passage by the Board and signature by the Mayor of the City (or President Pro Tempore in the absence of the Mayor) and attestation by the City Clerk.
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, at times to be set by the Board of Aldermen, 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, the Treasurer of the City 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. Any Treasurer violating the provisions of this Section shall be deemed guilty of an ordinance violation.
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. 96-55 §1, 10-24-1996]
The regular meeting of the Board of Aldermen of the City of Weldon Spring shall be held on the second (2nd) Tuesday and the fourth (4th) Thursday of each month at 7:30 P.M. at the City Hall. If said meeting date shall fall on a legal holiday, then the meeting shall be held on the same day one (1) week later immediately following at the same time and place.
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 in conformance with Chapter 120, Public Meetings, Votes and Records Policy, of this Code.
[Ord. No. 10-10 §§1 — 2, 6-24-2010]
The Missouri legislature has recently enacted new notice requirements in regard to voting on certain measures and the Board of Aldermen wishes to be in conformity with that legislation.
The City of Weldon Spring shall provide a four (4) day notice of a Board meeting instead of a twenty-four (24) hour notice when a vote will be taken to use TIF, TDD, CID, eminent domain or other public funds to finance a retail project. A four (4) day notice is also required for any meeting where a vote will be taken to increase taxes; except for a vote to set annual property tax rates. Any legal action challenging the notice requirements must be filed within thirty (30) days. These provisions do not apply to any votes or discussions related to proposed ordinances that require a minimum of two (2) separate readings on different days for passage.
At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. Four (4) of the Aldermen shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.
[Ord. No. 4 §1, 11-19-1984]
The business of the Board of Aldermen of the City of Weldon Spring shall be conducted utilizing the rules set forth in the current version of Roberts' Rules of Order.
[Ord. No. 97-06 §§1 — 3, 2-11-1997]
All agenda items for any Aldermanic meeting must be submitted to the City Clerk by either the Mayor or any one (1) of the Aldermen at a minimum of forty-eight (48) hours prior to the scheduled start of the Aldermanic meetings. Additional agenda items can be added with approval of the Board of Aldermen during Aldermanic meetings.
All content in any newsletter for which the cost of preparation and/or mailing/distribution is paid for by the City of Weldon Spring must be formally reviewed and approved by the Board of Aldermen prior to printing and/or distribution.
Cross Reference — As to additional public notice regulations, §110.185.
[Ord. No. 94-14 §§1 — 4, 2-24-1994]
A vote of abstention shall have no effect either for "yeas" or "nays"; i.e., the vote will be neutral.
A vote of abstention shall be neutral; however, it shall be counted for purposes of establishing the presence of a quorum.
If votes of abstention are sufficient to create a tie between the "yeas" and "nays", the power to break a tie shall reside with the Mayor.