[R.O. 2009 §2.02.010]
The Council shall establish and prescribe the functions of such
departments, offices and agencies as it deems necessary. The Council
may further eliminate, revise, consolidate, change or alter any department,
office or agency so created by ordinance, as it may deem necessary.
[R.O. 2009 §2.02.020]
All existing municipal departments, agencies, authorities and
offices shall be continued as now constituted, with the same powers
and duties; subject, however, to the power of the Council to eliminate,
revise, consolidate, change or alter the same by ordinance as it may
deem necessary.
[R.O. 2009 §2.02.030]
Unless otherwise specified by ordinance, all departments, offices
or agencies established by the Council shall be under the direction,
supervision and control of the City Manager and directors of such
departments or agencies shall be appointed by and responsible to the
City Manager. Two (2) or more departments may be headed by the same
person.
[R.O. 2009 §2.02.050; Ord. No. 5477 §II, 8-2002]
All existing boards and commissions shall be continued as now
constituted, with the same powers and duties; subject, however, to
the power of the Council to eliminate, revise, consolidate, change
or alter the same by ordinance as it may deem necessary.
[R.O. 2009 §1.20.010; Ord. No. 5460 §II, 7-2002]
A. In accordance
with the provisions of the Missouri Revised Statutes (RSMo.), the
Constitution of the State of Missouri and the Home Rule Charter adopted
by the citizens of Sikeston on April 2, 2002, the following guidelines
are established to provide for the standardization of the "Bill to
Ordinance" process, including appropriate codification.
B. Definitions. As used herein, the following terms shall mean:
BILL
Proposed legislation or ordinance.
COMPUTATION OF TIME
The time within which an act is to be done shall be computed
by excluding the first (1st) day and including the last. If the last
day is Sunday, it shall be excluded.
EMERGENCY ORDINANCE
An ordinance passed as an emergency measure on the day of
its introduction that contains a declaration describing in clear and
specific terms the facts and reasons constituting the emergency and
receiving the vote of two-thirds (2/3) of the members of the Council.
An emergency ordinance may be read by title in open Council meeting
two (2) times. Both readings may occur on the day of its introduction.
Any ordinance granting, reviewing or extending a franchise shall not
be passed as an emergency ordinance.
LEGISLATIVE ORDINANCE
Any ordinance that provides for the establishment of any
law within the corporate limits of the City.
NON-LEGISLATIVE ORDINANCE
Any ordinance which provides for the execution or adoption
of municipal contracts, agreements or policy statements. Such approved
ordinances may be omitted from the Municipal Code when such omission
is approved by Council in the passage of same.
ORDINANCE
Any bill which, after the second (2nd) reading, shall be
approved by a majority of the members elected to Council.
[R.O. 2009 §1.20.020; Ord. No. 5460 §II, 7-2002]
A. Introduction Of Ordinance.
1. Proposed
ordinances (bills) shall be introduced to the Council only in written
or printed form. The enacting clause of all ordinances shall read:
"Be it ordained by the Council of the City of Sikeston".
2. A copy
of each proposed ordinance shall be provided for each Council member
at the time of its introduction and at least three (3) copies shall
be provided for public inspection in the office of the City Clerk
until it is finally adopted or fails adoption.
B. Reading Of Ordinance. Except in the case of an emergency
ordinance, every proposed ordinance (bill) shall be read by title
in open Council meeting two (2) times before final passage. At least
one (1) week shall elapse between the introduction and final passage
of an ordinance.
C. Amendment Of Ordinance. If the Council adopts an amendment
to a proposed ordinance (bill) that constitutes a change in substance,
any member of the Council may require that the proposed ordinance,
as amended, be placed on file for public inspection in the office
of the City Clerk for an additional one (1) week before final passage.
In the absence of such a request, the Council may consider the amended
ordinance at the same meeting.
D. Passage Of Ordinance. Except as otherwise provided, the
affirmative vote of a majority of the entire Council shall be necessary
to adopt any ordinance. Voting shall be by roll call except on procedural
motions and the "ayes" and "nays" shall be recorded. In all roll call
votes, except for electronic voting, the names of the members of the
Council shall be called in alphabetical order and the name to be called
first (1st) shall be advanced one (1) position alphabetically in each
successive roll call vote.
E. Effective Date Of Ordinance.
1. Every
adopted ordinance shall become effective at the expiration of thirty
(30) days after adoption or any later date specified therein.
2. Emergency
ordinances shall become effective upon adoption or at any later date
specified therein.
[R.O. 2009 §1.20.030; Ord. No. 5460 §II, 7-2002]
A. Each
bill and/or ordinance, at a minimum, shall contain the following:
1. A numerical
identifier shall be assigned to each bill or ordinance, which may
be the same number, provided:
a. The
bill number only shall be assigned until passage as herein provided.
b. Any
bill presented for consideration and not approved shall be recorded
by number and a copy shall be maintained by the City Clerk for a period
of not less than five (5) years.
c. The
title shall contain a brief description of the purpose, scope and
content of the ordinance (bill).
2. The
enacting clauses "Be it ordained by the Council of the City of Sikeston"
or "Be it ordained by the people of Sikeston" shall immediately follow
the title.
3. The
body of the ordinance (bill) shall contain additional Sections, as
necessary, in the following general order including, but not necessarily
limited to:
a. A
specific ordinance or Code repealer clause, if appropriate;
b. Codification
instructions;
c. General
information and definitions, if appropriate;
d. Ordinance specifics. No bill or ordinance shall address
more than one (1) topic.
e. A
general repealer clause Section, which may read as follows: "Any other
ordinance or parts thereof inconsistent herewith are hereby repealed".
f. A
severability clause Section, which may read as follows: "Should any
part or parts of this ordinance be found or held to be invalid by
any court of competent jurisdiction, the remaining part or parts shall
be severable and shall continue in full force and effect".
g. The
record of passage of each ordinance (bill) shall contain the following:
(1) Date of introduction and first (1st) reading, as follows, "Bill Number
(insert bill number) was introduced to Council and read the first
(1st) time this (insert day) day of (insert month) of (insert year)".
(2) Date of second (2nd) reading, as follows, "Bill Number (insert bill
number) was read the second (2nd) time this (insert day) day of (insert
month and year), discussed and was voted as follows:".
(3) Voting record. A listing of each Council member
present and the roll call vote of each.
(4) Effective date of the measure.
(5) Signatures. Signature lines shall be provided as
follows:
(a) The Presiding Officer's (Mayor/Mayor Pro Tem) signature;
(b) "Attest" by City Clerk or Deputy City Clerk.
(c) "Approved as to form" by the City Counselor.