[R.O. 1993 § 110.010; Ord. No.
86-1916A § 1A, 11-10-1986; CC 1988 § 2-16]
No person shall be Council member unless he or she is at least
twenty-one (21) years of age prior to taking office, a citizen of
the United States, and an inhabitant of the City for one (1) year
next preceding his or her election, and a resident of the ward from
which he or she is elected six (6) months next preceding his or her
election. Whenever there is a tie in the election of a Council member,
the matter shall be determined by the Council.
[R.O. 1993 § 110.015]
The Council shall consist of five (5) members, and all persons
now eligible for the position of Council member under the laws governing
Cities of the Third Class shall be eligible to serve as Council members
under §§ 78.430 to 78.630, RSMo. The term of Council members
shall be three (3) years, except that of the first Council elected
after the adoption of §§ 78.430 to 78.630, RSMo., one (1)
member shall serve for one (1) year, two (2) for two (2) years, and
two (2) for three (3) years. Those Council members receiving the highest
number of votes at the first municipal election shall serve for the
three-year term, those receiving the next highest shall serve for
the two-year term, and the other for the one-year term. Should a vacancy
occur in the office of Council member by death, resignation or otherwise,
the Council shall select a successor who shall serve until the next
regular election. All Council members shall be elected at large. They
shall qualify and their terms of office shall begin on the first Monday
after their election. The terms of office of the Mayor and Council
members in the City, in office at the beginning of the terms of office
of the Council first elected under the provisions of §§
78.430 to 78.630, RSMo., including all boards and commissions, shall
cease and determine and the terms of office of all other City Officers,
whether elective or appointive, in force in such City except as herein
provided shall cease and determine as soon as the Council shall by
resolution declare, except that the Council may continue the Board
of Public Works, and the Library, Hospital and Park Boards for such
time or times after organizing under §§ 78.430 to 78.630,
RSMo., as the interests of the City in its judgment may require.
[R.O. 1993 § 110.020]
A.
The City Council shall at the time of organizing elect one (1) of
its members as Mayor and another as Chairman pro tem for a term of
one (1) year. In case the members of the City Council, within five
(5) days after the time herein fixed for their organization meeting,
are unable to agree upon a Mayor or a Chairman pro tem, of such Council,
then a Mayor or Chairman pro tem, or both, as the occasion may require,
shall be selected from all the members of such Council by lot and
a record thereof shall be made upon the journal of the Council.
B.
The Mayor shall preside at all meetings of the Council and perform
such other duties consistent with his or her office as may be imposed
by it; and he or she shall have a voice and vote in its proceedings,
but no veto.
C.
The Mayor shall be recognized as the official head of the City by
the courts for the purpose of serving civil process, by the Governor
for the purpose of military law, and for all ceremonial purposes.
The powers and duties of the Mayor shall be such as are conferred
upon him or her by §§ 78.430 to 78.630, RSMo., and no others.
D.
If the Mayor be temporarily absent from the City, or become temporarily
disabled from any cause, his or her duties shall be performed during
such absence or disability by the Chairman pro tem. In the absence
of both the Mayor and Chairman pro tem the other members of the City
Council shall select one (1) of their number to perform the duties
of Mayor.
[R.O. 1993 § 110.030]
A.
Except as herein otherwise provided the Council of any City organizing
under §§ 78.430 to 78.630, RSMo., shall have all of the
powers now or hereafter given to the Council or to the Mayor and Council
jointly, under the law by which such City adopting said Sections was
governed under its former organization; and shall have such power
over and control of the administration of the City Government as is
provided in said Sections.
B.
It shall be the duty of the Council to pass all ordinances and other
measures conducive to the welfare of the City and to the proper carrying
out of the provisions of §§ 78.430 to 78.630, RSMo. It shall
appoint a suitable person not a member of the Council to be the administrative
head of the City Government whose official title shall be "City Manager."
The Council shall also provide for all offices and positions in addition
to those herein specified, which may become necessary for the proper
carrying on of the work of the City, and shall fix the salary and
compensation of all officers and employees of the City not herein
provided for. All officers of the City shall be paid in equal monthly
installments for their services and all employees of the City shall
be paid monthly or at such shorter periods as the Council shall determine.
The creation of all offices and salaries attached thereto, which may
be provided for by the Council under §§ 78.430 to 78.630,
RSMo., shall be by ordinance, and they shall all be for an indefinite
term. The Council shall also 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. 1993 § 110.035; Ord. No.
2004-2602 § 1, 6-22-2004; Ord. No. 2010-2891 § 1, 12-28-2010]
Any person elected to serve as a Council member/woman will serve
with no annual compensation effective with the April 2011 election
and each seat elected to office thereafter.
[R.O. 1993 § 110.040]
Three (3) members of the Council shall constitute a quorum to
do business; but no action thereof shall be valid unless at least
three (3) shall vote in favor of such action. Upon every vote the
"yeas" and "nays" shall be called and recorded and every motion, resolution,
and ordinance shall be reduced to writing before the vote is taken
thereon. Every resolution or ordinance passed by the Council must
be signed by the Mayor or in his or her absence by the Chairman pro
tem, or by two (2) members of the Council before the same shall be
enforced.
[R.O. 1993 § 110.050]
A.
No initial ordinance granting any franchise, lease, right or privilege
in or under the streets, public thoroughfares or public places of
the City shall go into effect or become operative or vest any right
in the grantee or grantees, unless such grant shall first be approved
by a majority of the voters voting at a municipal election at which
the proposed grant is properly submitted. Any renewal or extension
thereof shall be subject to voter approval of the majority of the
voters voting on the question, pursuant to the provisions of §§
88.251, RSMo.
B.
No ordinance or amendment or modification thereof granting any non-exclusive
franchise, lease, right or privilege for not to exceed twenty (20)
years in or under the streets, public thoroughfares or public places
of the City shall go into effect or become operative or vest any right
in the grantee or grantees, except upon prior compliance with the
following conditions:
1.
Before final passage of the ordinance, or amendment or modification
of ordinance, by the Council, the City Clerk shall prepare a notice
of a public hearing thereupon and cause it, along with a true copy
of the ordinance, including the full text of the franchise under consideration,
to be published once a week for four (4) consecutive weeks in a daily
newspaper or for four (4) consecutive weeks in a weekly newspaper
if no daily newspaper is published in the City, the first publication
to be at least thirty (30) days before, and the last publication within
ten (10) days of, the date fixed by the City Council for the public
hearing;
2.
The notice shall give the date, time and place of the public
hearing, and shall contain a statement of the substance and effect
of the proposed ordinance, and a further statement that the ordinance,
or amendment or modification of ordinance, as introduced, or a true
copy thereof, may be inspected and copied at the office of the City
Clerk during regular business hours;
3.
The public hearing shall be at a regular, adjourned or called
meeting of the City Council at which all interested persons will be
heard in person or by attorney;
4.
The City Council may at any time, before or after the public
hearing, submit the proposed franchise, lease, right or privilege
to an election by the voters for their approval;
5.
The provisions of this Subsection shall not apply in the granting
of any franchise, lease, right or privilege to any utility regulated
by the Public Service Commission of the State of Missouri.
C.
Any ordinance, however, may be amended or modified by the Council
as to streets, alleys, or public places already occupied and used
by any person, persons or corporation by and under a franchise then
in existence and only as to such streets, alleys or public places
used and occupied by such person, persons or corporation under a franchise
then in existence, when such modifications or amendment is necessary
to enable such person or corporation to enlarge, better or improve
its facilities, equipment, material or structure above, upon or beneath
such streets, alleys, public thoroughfares or public places then used
and occupied by such person or corporation by and under a franchise
then in existence, for the purpose of removing or overcoming hindrances
to public service. The City Council shall have the right to grant
to any railroad company the right to construct switches or spur tracks
to industrial plants or warehouses.
[R.O. 1993 § 110.130; Ord. No.
96-2247 § 110.130, 9-24-1996; Ord. No. 99-2385 § 1, 5-26-1999; Ord. No. 99-2409-B §§ 1 — 2, 11-23-1999; Ord. No. 2014-2983 § 1, 2-24-2014]
A.
It shall be the duty of the Mayor to recommend to the Council persons
to fill any vacancy or member position on any City board or commission.
All recommendations of the Mayor to fill a vacancy on a City board
or commission shall be subject to approval of a majority of the Council.
The Mayor shall promptly appoint those persons approved by the Council
to serve on the appropriate board or commission.
B.
When a new board or commission is created, the City Clerk shall cause
a notice to be placed in a local newspaper and on the public notice
board at City Hall. The notice shall show the name and purpose of
the new board or commission and the last date any person seeking appointment
to the new board or commission may submit his or her name for consideration.
At the next regularly scheduled meeting of the City Council following
the last date any person seeking appointment may submit his or her
name for consideration, the Council shall review the names of all
applicants.
C.
When a vacancy shall exist on a standing board or commission, the
Chairperson of that board shall immediately notify the City Clerk
and Mayor of the vacancy, and the City Clerk shall cause a notice
of such vacancy and solicitation for applicants to fill the vacancy
to be placed in a local newspaper and on the public notice board at
City Hall. The notice prepared by the City Clerk shall describe the
vacancy and the position to be filled and shall state the last date
upon which any person seeking appointment to such vacancy shall submit
his or her name for consideration to the City Clerk. The current members
of the board or commission may interview the applicants, and, within
thirty (30) days of the application deadline, the Chairman of the
board or commission shall submit the names of all applicants to the
Mayor along with any recommendations which the existing board or commission
may have made as to the individuals which the existing board or commission
has interviewed. At the next regularly scheduled meeting of the City
Council, the Council shall review the names of all applicants.
D.
After review of all the applicants has occurred, the Mayor shall
then, within sixty (60) days, either appoint an individual from the
list of applicants to fill the vacancy or shall appoint some other
qualified person.
E.
No person shall be appointed to serve as a member of more than two
(2) boards or commissions of the City at the same time. No person
shall be appointed to serve on the Planning and Zoning, Board of Zoning
Adjustment and/or the Building Board of Appeals at the same time.
[R.O. 1993 § 110.140; Ord. No.
99-2392 §§ 1 — 2, 5-25-1999]
It shall constitute good cause, as such term is set forth in
the State Statutes, to remove any individual from a board or commission
if such individual has missed three (3) or more consecutive meetings
of such board or commission.
[R.O. 1993 § 110.060; Code 1972 § 2-7;
CC 1988 § 2-21; Ord. No. 92-2080 § 1, 7-13-1992; Ord. No. 94-2158, 8-22-1994; Ord. No. 2001-2467 § I, 7-24-2001; Ord. No. 2003-2566 § 1, 10-28-2003; Ord. No. 2014-2980 § 1, 1-8-2014; Ord. No. 2015-3023 § 1, 1-9-2015; Ord. No. 2020-3186, 2-11-2020]
A.
The Council shall hold its regularly scheduled meetings in the building
known as the City Hall.
B.
The regular meetings of the Council shall be held on the second (2nd)
and fourth (4th) Tuesday of each month at 6:00 P.M., and additional
meetings may be held at other times as set by the Council.
C.
The
first meeting in April that follows the general election day for Council
members shall be the first (1st) day of terms of office for Mayor
and Council members pursuant to Section 78.460, RSMo.
[R.O. 1993 § 110.070; Code 1972 § 2-8; Ord. No. 86-1905 § 2, 4-28-1986; CC 1988 § 2-22; Ord. No. 2003-2566 § 1, 10-28-2003]
A.
The Mayor or any two (2) Council members may call a special meeting
of the City Council at any time and place by causing a notice to be
served upon the members of the Council or by leaving a copy of the
notice at the residence of the Council members or by all members of
the Council and the Mayor meeting by agreement at the City Hall without
notice.
B.
The Mayor or Council members, in calling a special meeting, shall
fix the time and place of the meeting and shall state in the call
or have spread upon the journal the object of the meeting. No business
shall be transacted at a special or called meeting other than that
for which the meeting was called, unless the Mayor and all Council
members shall be present at the meeting. In such case, any and all
business may be transacted that might be transacted at any regular
meeting.
[R.O. 1993 § 110.080; Code 1972 § 2-9;
CC 1988 § 2-23]
All meetings of the City Council, whether regular or special,
at which any person not a City Official is admitted shall be open
to the public, except as permitted by State law.
[R.O. 1993 § 110.090; Code 1972 § 2-11;
CC 1988 § 2-25]
A.
The following rules and order of business for the governing of the
City Council in its deliberations are hereby adopted:
1.
A quorum being present, the Mayor shall call the Council to
order, cause the roll to be called and the minutes of the last session
to be read or presented as printed, and the mistakes, if any, shall
be corrected. The Mayor shall preserve order and decorum, and shall
decide all questions of order, subject to an appeal to the Council.
He or she shall appoint all committees, subject to the concurrence
therein of the Council.
2.
When a question is put by the chair, each member present shall
vote, unless the Council shall for special reasons excuse him or her
but if directly or indirectly financially interested he or she shall
not vote or participate in any matter in which he or she is financially
interested as defined in § 105.450, RSMo. Upon every vote the
"yeas" and "nays" shall be recorded, and every motion, resolution
or ordinance shall be reduced to writing and read before the vote
is taken thereon.
3.
A motion to adjourn and a motion to fix the time at which the
Council shall adjourn shall always be in order and shall be decided
without debate.
4.
When a Council member or other person is about to speak or address
the Council, he or she shall address the chair as "Mr. Mayor" but
shall not proceed with his or her remarks until recognized. He or
she shall confine himself to the question before the Council and shall
avoid all personalities.
5.
Official reports of Council members and of the different officers
of the City shall be presented in writing and signed by the officers
presenting the same.
6.
The Mayor can temporarily excuse any member of the Council,
but no Council member shall be permitted to leave the meeting of the
Council without the consent of a majority of the members present.
7.
When any question has been voted upon, it shall be in order
for any Council member to move a reconsideration thereof at the same
or the next succeeding meeting, but no question or vote shall be reconsidered
a second time.
9.
The Mayor shall follow the prepared agenda of the meeting unless
otherwise permitted by a majority of the Council. Such agenda shall
contain all unfinished new business to come before the Council.
B.
These rules, or any of them, may be temporarily suspended or amended
by a vote of two-thirds (2/3) of all members elected.