City of Fredericktown, MO
Madison County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Article I Mayor And Board Of Aldermen — Generally
Article II Board Of Aldermen Meetings
[R.O. 2013 § 105.010; Code 1975 § 2-2; Ord. No. 14-2 § 1, 1-27-2014]
No person shall be an Alderman unless he/she be at least eighteen (18) years of age, a citizen of the United States, 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.
[1]
State Law Reference: As to when Aldermen may be elected at large, § 79.060, RSMo.
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.
[R.O. 2013 § 105.020; Code 1952, Ch. 3, Article 3, § 1, Ord. No. 79-11, § 1]
The Board of Aldermen shall meet on the first Monday after the election in April of each year for the purpose of organizing, by electing one of their number acting President of the Board and such other officers as are required by this Code or other ordinance of the City to be elected by such Board, and to elect or appoint such standing committees as may be deemed necessary. The acting President of the Board shall preside over the meetings of the Board during the absence of the Mayor. 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. Should there have been an election for Mayor and other officers on the preceding Tuesday, the Board may provide for the public installation of the Mayor elect and other officers.
[R.O. 2013 § 105.025; Ord. No. 02-05 § 1, 1-14-2002]
At any meeting of the Board of Aldermen where there is an absence of both the Mayor and the President of the Board of Aldermen and in the event there is a quorum of the members of the Board of Aldermen present at said meeting, then the Board of Aldermen may select one (1) of its members present to preside at such meeting who shall be styled "Acting President of the Board" for purposes of that meeting only.
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.
[R.O. 2013 § 110.010; Code 1952, Ch. 3, Article 2, §§ 1 — 4; Ord. No. 90-01 §§ 1 — 3, 1-22-1990; Ord. No. 90-15 § 1, 5-14-1990]
A. 
The Mayor shall have the following duties:
1. 
Supervision Of City Affairs, Control Of Officers. The Mayor shall have general supervision over the affairs of the City and shall have general control over all the officers, and may examine the condition of their respective offices and may call upon any officer for reports or any other information relating to any matter pertaining to his/her office or department.
2. 
Reports And Recommendations To Board. The Mayor shall report to the Board of Aldermen all violations or neglect of duty on the part of any officer which may come to his/her knowledge. The Mayor shall, from time to time submit or communicate to the Board of Aldermen such information and recommend such measures as, in his/her opinion, may tend to the improvement of the finances, the police protection, the health, security and general prosperity of the City.
3. 
To Preside Over Board; To Vote In Case Of Tie. The Mayor shall, when present, preside at all meetings of the Board of Aldermen, but shall not vote upon any question except in the case of a tie.
4. 
Signing Of Documents, Etc. The Mayor shall sign all commissions, warrants, ordinances and other important papers and documents of the City.
5. 
Administration Of Oaths. The Mayor is hereby authorized and empowered to administer oaths and affirmations in all cases relating to the several duties of his/her office.
6. 
Conservator Of The Peace. The Mayor shall be a conservator of the peace and is authorized and empowered to call upon every male inhabitant of the City over eighteen (18) years and under fifty (50) years of age to aid in enforcing the laws and preserving the peace of the City, and all persons so called shall be subject to his/her orders while on the duty to which they are called.
7. 
Removal Of Officers. See Section 115.030 of the City Code.
B. 
Compensation. The salary of the Mayor shall be as set by the Board of Aldermen by ordinance from time to time. The salary of the Mayor for any pay period shall be reduced by an amount equal to one twenty-fourth (1/24) of such salary for each regularly scheduled meeting in which the Mayor has been absent, unless such absence is excused for personal sickness or approved travel for City business.
A. 
The style of the ordinances of the City shall be "Be it ordained by the Board of Aldermen of the City of Fredericktown, 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.
1. 
Ordinance May Be Read In Full Only Once. From and after June 11, 1990, all ordinances presented to the Board of Aldermen of the City of Fredericktown, Missouri, for passage may be read one (1) time in their entirety and an additional time by reference to title only.
[R.O. 2013 § 100.055; Ord. No. 90-18 § 1, 6-11-1990]
B. 
The provisions of this Section shall not apply to ordinances proposed or passed under Section 79.135, RSMo.
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 (2/3) 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 semiannually 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 a 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, 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.
[R.O. 2013 § 105.150; Code 1952, Ch. 3, Article 3, § 10]
Depositions may be read in behalf of the City or any defendant in any matter arising before the Board of Aldermen, as in courts of law; provided, that such depositions shall be taken under and governed by the rules of law regulating depositions in courts of law.
The Board of Aldermen shall have power to fix the compensation of all the officers and employees of the City, by ordinance. But the salary of an officer shall not be changed during the time for which he/she was elected or appointed.
[R.O. 2013 § 105.030; Code 1952, Ch. 3, Article 3, §§ 2,3; Ord. No. 15 § 2; Ord. No. 119 §§ 1,2; Ord. No. 76-9 § 1; Ord. No. 77-2 § 1; Ord. No. 77-23 § 1; Ord. No. 97-13 § 1, 4-28-1997; Ord. No. 07-23 § 1, 8-13-2007; Ord. No. 15-36 § 1, 10-26-2015]
The regular session of the Board of Aldermen shall be held on the second Monday night and on the fourth Monday night of each calendar month, either in the City Hall or any other place as may be designated by the Mayor and Board of Aldermen, provided that when the second Monday of any calendar month or the fourth Monday of any calendar month falls upon a day designated by law as a legal or national holiday, such meetings shall be held at the same hour on the next succeeding day which is not a holiday. The meeting shall be held at 6:00 P.M. or as soon thereafter as the 5:30 P.M. work session meeting shall be concluded, unless otherwise set by the Board of Aldermen.
[R.O. 2013 § 105.040; Code 1952, Ch. 3, Article 3, § 4]
Special or called sessions of the Board of Aldermen may be held upon the call of the Mayor or acting Mayor. Notice of such meetings shall be given to the several members of the Board of Aldermen by serving them with a copy of the call, stating the time, date and place of the meeting and its tentative agenda, the original of which shall be posted in the City Hall, at least twenty-four (24) hours, exclusive of weekends and holidays when City Hall is closed, before the time fixed for such special or called session.
[R.O. 2013 § 105.050; Ord. No. 203 § 1]
Four (4) Aldermen present at any meeting shall constitute a quorum, and in all elections held in the Board of Aldermen, a majority of the votes of all members elected shall be necessary to a choice.
[R.O. 2013 § 105.060; Code 1952, Ch. 3, Article 3, § 6]
No member of the Board of Aldermen shall be permitted to vote for or against any bill appropriating monies, or approving a contract in which such member is, directly or indirectly, pecuniarily interested.
[R.O. 2013 § 105.070; Code 1952, Ch. 3, Article 3, § 12]
Every member of the Board of Aldermen present at any meeting of such Board shall vote upon any question put before the members present, unless the Board, for good reason, excuses him/her.
[R.O. 2013 § 105.080; Code 1952, Ch. 3, Article 3, § 12]
If the taking of ayes and nays is demanded by any member of the Board of Aldermen, the names of the members shall be called and their vote recorded, the acting President, when presiding, voting last.
[R.O. 2013 § 105.090; Code 1952, Ch. 3, Article 3, § 12]
The Board of Aldermen, in their proceedings, shall be governed by the parliamentary law and rules governing parliamentary proceedings in deliberative bodies as contained in Roberts' Rules of Order, except as provided in this Chapter or other laws or ordinances of the City.
[R.O. 2013 § 105.110; Code 1952, Ch. 3, Article 3, § 12; Ord. No. 08-15 § 1, 2-25-2008; Ord. No. 10-26 § 1, 4-26-2010]
A. 
After the proceedings of the previous meetings have been read and the minutes approved, business shall be disposed of in the following order:
1. 
Public communications, remarks from the general public and announcements (each speaker is limited to three (3) minutes or less).
2. 
Approval of the agenda.
3. 
Presentations.
4. 
Reports of officers.
5. 
Reports from special committees and staff. All such reports shall be accepted and approved by the Board.
6. 
Old business.
7. 
New business.
8. 
Additional business and bills to be allowed. All bills must have been audited by the Clerk.
9. 
Remarks of special privilege by the Aldermen.
10. 
Closed session business as authorized by Statute.
11. 
Any other business.
12. 
Adjournment.
B. 
No business shall be taken up, except in the class in which it belongs, unless by unanimous consent of the Board.
[R.O. 2013 § 105.120; Code 1952, Ch. 3, Article 3, § 12]
Every motion or proposition before the Board of Aldermen shall be reduced to writing, if required by any member, before it shall be considered by the Board.
[R.O. 2013 § 105.130; Code 1952, Ch. 3, Article 3, § 7]
If any person, whether a member of the Board of Aldermen or not, shall be guilty of any disorder in the presence of the Board or committee of the whole, while in session, the presiding officer of such Board, or chairman of the committee of the whole, may order such person into custody immediately, and the Chief of Police shall immediately take such person into custody and detain him/her until further order of the Board, or committee of the whole, before which the offense was committed.