City of Sikeston, MO Chapter 105 Administration

Cross References—As to form of government, charter §1.2; as to powers, charter §§2.2, 3.1; as to construction, charter §2.2; as to amendment of charter, charter §11.4.

Article I Administrative Code

Section 105.010 Creation of Departments and Offices.

[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.

Section 105.020 Continuation of Existing Municipal Departments.

[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.

Section 105.030 Direction By The City.

[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.

Section 105.040 Boards and Commissions.

[R.O. 2009 §2.02.040]

A. The Council may establish by ordinance:

1. Quasi-judicial appeal boards,

2. Autonomous boards and commissions, and

3. Advisory Boards and Commissions. Unless otherwise required by law, membership to such Boards and Commissions shall be appointed by the Council.

Section 105.050 Existing Boards and Commissions.

[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.

Article II Ordinances

Section 105.060 Generally. [1]

[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.

CITY MUNICIPAL CODE

A compilation of the complete text of all current legislative ordinances.

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.

[1] Cross Reference—As to legislative proceedings, charter §3.12.

Section 105.070 Introduction, Reading, Amendment, Passage and Effective Date. [1]

[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.

[1] Cross Reference—As to legislative proceedings, charter §3.12(d,e,g).

Section 105.080 Form, Format and Contents. [1]

[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.

[1] Cross Reference—As to legislative proceedings, charter §3.12(d).