[R.O. 1997]
All powers of the City shall be vested
in the Council unless specifically provided otherwise in this Charter.
The Council shall provide for the exercise of these powers and for
the performance of all duties and obligations imposed on the City
by law. The Council may to the fullest extent permitted by law delegate
any of the powers vested herein to such board, commission, or officer
of the City as it may deem appropriate, advantageous, or necessary
for the proper and efficient undertaking of the public business.
[R.O. 1997]
(a)
Wards And Representation. The City Council
shall consist of two (2) Council Members elected from each ward as
established by this Charter. A Council Member shall be nominated and
elected by the qualified voters of his or her respective ward.
(b)
Qualifications. Each Council Member shall
be a registered voter and a resident of the City ward he or she represents.
Each Council Member shall have been a resident of the ward that he
or she represents for at least one (1) year prior to election.
(c)
Terms Of Office. Each Council Member shall
be elected for a term of two (2) years. Terms of Council Members representing
each ward shall be staggered.
(d)
Limitation Of Terms. No person shall be
elected to serve more than eight (8) years total on the City Council.
In applying this Section, service on the City Council resulting from
an election prior to April 3, 2018, or service of less than two (2)
years by a person elected or appointed after the effective date of
this Section to complete the term of another person, shall not be
counted.
[Ord. No. 2309, 10-23-2017, passed in election 4-3-2018]
[R.O. 1997]
The Council shall determine compensation
of the Council Members by ordinance, but no increase in such compensation
shall become effective for any Council Member until the commencement
of a new term of office. Council Members may receive reasonable reimbursement
for actual and necessary expenses incurred in the performance of their
duties as Council Members, provided that such expenses are supported
by appropriate documentation.
[R.O. 1997]
(a)
Holding Other Office. Except where authorized
by law, or pursuant to a written agreement between the City and another
entity of government, no Council Member shall hold any other elective
City office, compensated City office, or City employment while serving
in the term for which he or she was elected or appointed. No former
Council Member shall hold any compensated appointive City office or
City employment until one (1) year after leaving office.
(b)
Appointments, Hirings And Removals. No
Council Member shall in any manner dictate the appointment, hiring,
or removal of any City administrative officer or employee, whom the
City Administrator or any of his or her subordinates are empowered
to appoint or hire as established in this Charter or by ordinance.
As a collective body, the Council Members may express their views
and discuss with the City Administrator anything pertaining to the
appointment, hiring and removal of such officer or employee.
(c)
Interference With Administration. Except
for the purpose of investigations as established by this Charter,
Council Members shall not interfere with administrative City officers
or employees who are subject to the direction and supervision of the
City Administrator. Council Members shall not give any orders to any
such officer or employee, either publicly or privately.
[R.O. 1997; Ord. No. 1472 § 2, passed in election
4-8-2008]
(a)
Vacancies. The office of Council Member
shall become vacant upon the death or resignation of the Council Member,
or by his or her forfeiture of or removal from office by any manner
authorized by law.
(b)
Forfeiture Of Office. A Council Member
shall forfeit his or her office, if at any time during the term of
office, the Council Member: (1) lacks any qualification for the office
prescribed by this Charter or by law, (2) violates any prohibition
of this Charter, (3) is convicted of a crime involving moral turpitude,
or (4) is in default in any unpaid taxes, fines or financial obligations
to the City.
(c)
Filling Of Vacancies. A vacancy in the
City Council shall be filled at the next general municipal election
for which the full filing period remains. Until the person elected
to serve the remainder of the unexpired term takes office, the Mayor,
no later than thirty (30) days following a vacancy, with advice and
consent of a majority of the members of the City Council shall appoint
a qualified person to fill the office until the next general municipal
election at which the vacancy is filled. If the City Council fails
to consent to the appointment, the Mayor shall make an appointment
of a different qualified candidate within thirty (30) days of the
Council's failure to consent and continue this process until such
time as a majority of the members of the City Council consents to
an appointment.
[R.O. 1997]
The City Council shall be the judge
of the qualifications of its members and of the Mayor and of the grounds
for forfeiture of office and for such purposes shall have power to
subpoena witnesses, administer oaths and require the production of
evidence. Any person charged with conduct constituting grounds for
forfeiture of office shall be entitled to a public hearing on demand,
and shall forfeit such office only upon an affirmative vote of at
least two-thirds (2/3) of the members of the City Council. Decisions
made by the City Council under this Section shall be subject to review
by the courts.
[R.O. 1997]
The City Council may make investigations
into the affairs of the City. In the event the City Council decides
to conduct a formal investigation, it may do so only upon the vote
of a majority of the members of the City Council then in office setting
forth with particularity the nature of the investigation. In the event
the City Council undertakes a formal investigation, it may conduct
hearings, issue subpoenas to compel the testimony of witnesses and
production of evidence, and administer oaths. Any person who willfully
fails to comply with a subpoena issued hereunder shall be guilty of
an offense subject to penalty as provided by ordinance.
[R.O. 1997]
(a)
Regular Meetings. The City Council shall
meet regularly at least once each month at 7:00 P.M. or at such time
and place as the Council may prescribe by rule. The Council may also
hold additional regular meetings and work sessions at such time and
place as the Council may prescribe. In no event shall regular meetings
of the Council be held outside the City limits. Notice of regular
meetings shall be posted at the City Hall. All regular meetings of
the Council shall be public meetings at which the Council shall provide
for public comments, unless public access has been restricted pursuant
to law.
[Ord. No. 2598, 5-10-2021[1]]
[1]
Editor's Note: This amendment passed at the election held
4-5-2022.
(b)
Special Meetings. The Mayor may, or at
the request of at least one-fourth (1/4) of the members of the City
Council shall, call a special meeting of the Council for a time not
earlier than twenty-four (24) hours after notice is given to all members
of the Council then in the City, except for emergencies.
(c)
Quorum. A quorum shall constitute one (1)
more than half (1/2) of the total number of members of the City Council.
If a quorum fails to attend any meeting, it shall stand adjourned
until the next regular or special meeting. Except as provided in this
Charter or other law, the Council may act by an affirmative vote of
not less than a majority of members present.
(d)
Rules And Journals. The Council shall by
ordinance determine its own rules and order of business. It shall
cause a journal of its proceedings to be kept, and this journal shall
be open to public inspection. A separate record shall be kept of closed
sessions, which record shall remain closed to public inspection and
to legal process except as otherwise provided by law.
(e)
Voting. The ayes and nays shall be entered
on any question at the request of any two (2) members; provided, however,
that on the vote on final passage of any ordinance, the ayes and nays
shall in all cases be entered in the record showing the vote of each
Council Member then in attendance. Roll call votes shall be taken
in the order as prescribed by rule of the Council. Except as otherwise
provided in this Charter, an affirmative vote of a majority of the
members of the City Council shall be necessary to approve any ordinance.
In all cases, members of the Council must be present to vote.
(f)
Form Of Ordinances. Proposed ordinances
or resolutions shall be introduced in the Council only in written
or printed form. The enacting clause of all ordinances shall be:
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Be It Ordained By The Council Of
The City Of Wildwood, Missouri
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The enacting clause of all ordinances
submitted by initiative shall be:
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Be It Ordained By The People Of The
City Of Wildwood, Missouri
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Every ordinance shall be titled in
a manner that identifies its general content. An ordinance may incorporate
and adopt by reference any additional publicly available material,
the full text of which need not be set forth in the adopting ordinance.
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(g)
Procedure. Every proposed ordinance shall
be read by title in a City Council meeting at least twice before final
passage. No ordinance shall be read more than once at a meeting unless
two-thirds (2/3) of the members of the City Council consent to a second
reading at the same meeting. Copies of each proposed ordinance shall
be made available to each Council Member within a reasonable time
after its placement on the agenda, but not less than forty-eight (48)
hours before the start of the meeting. If this provision is violated,
a Council Member must object prior to the vote on the basis of this
violation, and in such event the vote shall be postponed. No ordinance
shall be held invalid because of this provision, unless a Council
Member raises an objection before the vote.
After placement on the agenda, and
at least twenty-four (24) hours prior to consideration, copies of
all proposed ordinances to be considered in a public meeting of the
Council shall be posted for public inspection in an area at City Hall
accessible to the public during regular business hours. The Council
shall provide the opportunity for persons interested in any proposed
ordinance to be heard before the Council.
(h)
Amendments To Proposed Ordinances. If the
Council accepts an amendment to a proposed ordinance that constitutes
a material change, and if a Council Member objects to further consideration
of the proposed ordinance for that reason, the proposed ordinance
as amended shall be posted for public inspection in compliance with
this Charter for one (1) week prior to its final passage. If no Council
Member objects, the failure to follow this provision shall not invalidate
any adopted ordinance. Further, prior to the passage of any such amended
proposed ordinance, the Council may by an explicit vote, waive the
one-week posting requirement by a vote of two-thirds (2/3) of the
members of the City Council.
(i)
Adoption Or Veto. An ordinance, resolution
or order approved by the Council shall be presented to the Mayor.
The Mayor shall either sign the same, whereupon it shall be adopted,
or return it with a written statement of his reasons for disapproval,
whereupon it shall be vetoed. Measures vetoed by the Mayor shall be
considered at the next regular meeting of the Council, and the Council
may adopt the measure over the veto by affirmative vote of two-thirds
(2/3) of the members of the City Council. An ordinance, resolution
or order not signed nor vetoed by the Mayor shall become effective
at the next regularly scheduled meeting of the Council.
(j)
Effective Date. Every ordinance, resolution
or order shall become effective immediately upon its approval and
adoption or at any later date specified therein.
(k)
Authentication. All adopted ordinances,
resolutions or orders shall be reviewed as to form by the City Attorney
and authenticated by the signatures of the Mayor and of the City Clerk.
[R.O. 1997]
(a)
General Legislation. All matters of general
legislation shall be adopted by ordinance. Special or administrative
matters, including contracts, subdivision plats, and other matters
not constituting general legislation, may also be adopted by order
or resolution, except as may otherwise be required by law.
(b)
Comprehensive Zoning Plan And Zoning Ordinances.
A comprehensive zoning plan generally establishing appropriate zoning
districts within the City shall be adopted by ordinance. The portion
of any City Master Plan designating such districts and previously
adopted and in effect at the time of the effective date of this Charter
shall be deemed the adopted comprehensive zoning plan required by
this Section. The comprehensive zoning plan shall be reviewed not
less than once every 10 years, and amendments may be initiated by
the Council and approved from time to time as provided by state law.
No amendment to such comprehensive zoning plan shall be adopted except
by an affirmative vote of at least two-thirds (2/3) of the members
of the City Council, or by initiative or referendum process. Zoning
ordinances may be adopted or amended only to the extent that such
ordinances are consistent with the comprehensive zoning plan.
(c)
Land Use Policy. It shall be the public
policy regarding future and existing development of this City reasonably
to preserve adequate open space, protect public parks and green space,
conserve soil and reduce erosion, protect water quality, preserve
trees and natural areas, and conserve and protect natural resources
and public infrastructure. All ordinances relating to development
or construction within the City shall reasonably accommodate this
public policy of the City of Wildwood, provided no ordinance may be
invalidated based upon failure to comply with this provision.
[R.O. 1997]
All ordinances and resolutions of
the City of a general and permanent nature may be codified and promulgated
according to a system of continuous numbering and revision as specified
by ordinance.
