[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.
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.
