[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
Except as this charter provides otherwise, all powers in the
city shall be vested in the city council. The city council shall provide
for the exercise of these powers and for the performance of all duties
and obligations imposed on the city by law.
[Ord. No. 1129 §1(Props. 1, 2, 7), 12-16-1985; Ord. No. 1684 §1(Props. 1,
2), 1-23-1995]
(a)
Composition. There shall be a city council composed of eight (8) members nominated and elected by the qualified voters of their respective wards, as provided in Section 10.6 hereof. Two (2) members shall be elected from each ward.
(c)
Election and terms. Council members shall be elected
to serve staggered two (2) year terms. Council members holding office
at the time of the adoption of this charter shall complete their unexpired
terms. At such regular municipal election, council members shall be
elected to fill the positions of those whose terms expire. The [number
of] terms of [which] a council member may serve is limited to five
(5) consecutive two (2) year terms. A council member's two (2) year
term of office shall commence at the first order of business of the
city council after certification by the St. Louis County Election
Commission.[1] Two (2) members shall be elected from Ward 4 at the General
Election on November 7, 1995, and shall be seated as the first order
of business at the first Council meeting after certification of election
results by the St. Louis County Board of Election Commissioners. The
candidate receiving the highest number of votes shall be elected for
a term to end in April, 1998. The candidate receiving the second highest
number of votes shall be elected for a term ending in April, 1997.
Thereafter, representatives of Ward 4 shall be elected in accordance
with this section.
[1]
Correct name is St. Louis County Board of Election Commissioners.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 5026 §2, 2-25-2008(Eff. 5-1-2009); Ord.
No. 5880, 2-26-2024(Eff. 5-1-2025)]
A council member shall receive a salary of one hundred fifty
dollars ($150.00) per month[1] for his or her services. Every five (5) years after the
effective date of this charter (beginning in 1981) the councilmanic
salaries shall be reviewed by the city council, which city council
may adjust the salaries by ordinance. This section shall not apply
to increase any salaries during a term of office; any increase shall
become effective only as a new term begins.
[1]
Pursuant to Ord. 5026 effective 5-1-2009 council's salary
is $400.00 per month; Subsequently and pursuant to Ord. 5880, effective
5-1-2025 council's salary is $500.00 per month.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 4054 §1(Prop. 1), 12-11-2006]
The city council shall elect one of its own members as president
of the city council. When any vacancy shall happen in the office of
mayor by death, resignation, removal from the city, removal from office,
failure to qualify, or from any other cause whatever, the president
of the city council 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, provided,
the president shall only be allowed a single vote on any matter, ordinance,
or resolution and shall not be able to veto legislation or cast an
additional vote to break a tie council vote.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 4054 §1(Prop. 1), 12-11-2006]
(a)
Holding other office. Except where authorized by
law, or pursuant to an agreement between the city and another entity
of government, no council member shall hold any other city office
or city employment during the term for which he or she was elected
to the council, and no former council member shall be eligible to
hold any compensated appointive city office or employment until one
year after the expiration of the term for which he or she was elected.
(b)
Prohibition of interference. Neither the mayor,
the city council nor its members shall direct or request the appointment
of any person to office, or his or her removal from office, by the
city administrator, or by any of his or her subordinates; or in any
way interfere with the appointment or removal of officers or employees
of any administrative service of the city. Except for the purpose
of inquiry, unless specifically otherwise provided in this charter,
the mayor, the city council and its members shall deal with the administrative
officers and employees solely through the city administrator, and
neither the mayor, the city council nor any member thereof shall give
orders to the subordinates of the city administrator, either publicly
or privately. Any mayor or member of the city council violating the
provisions of this section shall forfeit his or her office. Whether
a violation has occurred shall be determined by the members of the
city council, provided any mayor or council member thus charged shall
be entitled, upon request, to a public hearing after due and proper
notice and any such mayor or council members shall have the right
to appeal if the same be provided by law to the courts.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 4054 §1(Prop. 1), 12-11-2006]
(a)
Vacancies. The office of a council member shall
become vacant upon his or her death, resignation, removal from office
in any manner authorized by law or forfeiture of his or her office.
(b)
Forfeiture of office. A council member shall forfeit
his or her office if he or she (1) lacks at any time during his or
her term of office any qualification for the office prescribed by
this charter or by law; (2) violates any express prohibition of this
charter; (3) is convicted of a misdemeanor or felony involving misrepresentation,
fraud, deceit, bribery, extortion, theft or a crime involving moral
turpitude; (4) is in default to the city (after written notice and
failure to cure within 30 days thereof); or (5) fails to attend five
(5) consecutive regular meetings of the council or eight (8) regular
meetings of the council within a city fiscal year without being excused
by a majority vote of the other members of the council. Whether a
vacancy or forfeiture of the office of council member exists shall
be determined by a majority vote of the other members of the council.
(c)
Filling of vacancies on the city council. If a vacancy
occurs, the same shall be filled by the mayor or the person exercising
the duties of the mayor by appointment, with the consent of the majority
of the remaining members of the council. At the next regular general
municipal election, the vacancy shall be filled for the unexpired
term or new term, as applicable.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
The city council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of their office and
for that purpose shall have power to subpoena witnesses, administer
oaths and require the production of evidence. A member charged with
conduct consisting grounds for forfeiture of his or her office shall
be entitled to a public hearing on demand. Decisions made by the city
council under this section shall be subject to review by the court.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 4058 §1(Prop. 5), 12-11-2006]
The city council shall appoint an officer who shall have the
title of city clerk. He or she shall keep a record of the city council
proceedings, authenticate by his or her signature all ordinances and
resolutions, and record them in full. He or she shall perform such
other duties as may be required by law, by this chapter, by the city
council, or by the city administrator. The city clerk shall hold office
at the pleasure of the city council; the city council shall also determine
the compensation of the clerk.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
The city council may make investigations into the affairs of
the city and the conduct of any city department, office or agency
and for this purpose may subpoena witnesses, administer oaths, take
testimony and require the production of evidence. This investigative
authority shall specifically include the right to hold a hearing of
inquiry into the dismissal of any department head at the request of
the person dismissed. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the city council shall
be guilty of a misdemeanor and punishable by a fine of not more than
one thousand dollars ($1,000.00) or by imprisonment for not more than
one year, or both.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985]
The city council shall provide for an independent audit of all
city accounts at least annually. Such audits shall be made by a certified
public accountant or firm of such accountants who have no personal
interest, direct or indirect, in the fiscal affairs of the city government
or any of its officers. A copy of the report prepared by the certified
public accountant or firm of such accountants shall be kept in the
city clerk's office and shall be open to public inspection. A copy
of the audit shall also be sent directly from the auditor to the mayor
and each council member.
[Ord. No. 1129 §1(Prop. 7), 12-16-1985; Ord. No. 1684 §1(Prop. 3), 1-23-1995; Ord.
No. 4054 §1(Prop. 1), 12-11-2006; Ord. No. 4055 §1(Prop.
2), 12-11-2006; Ord. No. 4058 §1(Prop. 5), 12-11-2006]
(a)
Meetings. The city council shall meet regularly,
at such times as its rules may prescribe, but not less frequently
than once each month. All meetings shall be open to the public and
notice of all meetings shall be given to the public in the manner
prescribed by rules of the council.
The mayor upon his own motion may, or at the request of four
(4) members of the council shall call a special meeting of the council
for a time not earlier than three (3) hours after notice is given
to all members of the council then in the city. Special meetings of
the council may also be held at any time by the consent of all of
the members of the council, and such consent may be given either prior
to or during the special meeting. No action by the council shall have
legal effect unless the motion for the action and the vote by which
it is disposed of take place at proceedings open to the public; except,
however, those matters which may now or which may hereafter by law
be heard in a closed meeting, as for example, presently provided in
Section 610.25 of the Missouri Revised Statutes.[1]
[1]
Correct statutory reference is now 610.021(2007).
(b)
Rules and records. The council shall determine its
own rules and order of business which shall be open to the public
inspection. It shall cause a record of its proceedings to be kept
and this record shall be open to public inspection.
(c)
Voting. Voting shall be by roll call and the ayes
and nays shall be recorded in the journal. A majority of members of
the council shall constitute a quorum for its business, but a smaller
number may meet and compel the attendance of absent members in the
manner and subject to the penalties prescribed by the rules of the
council. Except as otherwise provided in this charter, the affirmative
vote of a majority of the entire council shall be necessary to adopt
any ordinance or resolution.
In the event of a tie vote by the council members, the mayor
shall cast the deciding fifth vote, except as hereinafter provided
in zoning cases and the appointment of the city administrator.[2]
If a council member has a conflict of interest and has declared
the same at the time of the vote, he or she shall be excused from
voting and his or her abstention shall not be counted either for or
against the proposition. In the event one or more council members
abstain from voting by reason of a conflict of interest, the mayor
may vote in order to constitute the required fifth affirmative vote
to pass an ordinance or resolution, except as hereinafter provided
in zoning cases and the appointment of the city administrator.[3]
Any ordinance that would amend, supplement, change, modify or
repeal boundaries of zoning districts, the uses, regulations or restrictions
shall require a three-fourths (3/4) affirmative vote of the entire
council: (1) in the case of an adverse report by the Planning and
Zoning Commission; or (2) if a protest against such proposed amendment,
supplement, change, modification or repeal shall be presented in writing
to the city clerk, duly signed and acknowledged by the owners of ten
percent (10%) or more either of the area of the land (exclusive of
streets, places and alleys) included within such proposed amendment,
supplement, change, modification, or repeal, or within an area of
land determined by lines drawn parallel to and three hundred (300)
feet (exclusive of streets, places and alleys) distant from the boundaries
of the district proposed to be changed or affected by amendment, supplement,
change, modification or repeal.[4]
Any ordinance that would amend, supplement, change, modify or
repeal the boundaries of zoning districts, the uses, regulations or
restrictions and which receives an affirmative recommendation from
the Planning and Zoning Commission shall require five (5) affirmative
votes by the city council and the mayor shall not have a vote to break
a tie on the city council.[5]
The City shall not exercise the power of eminent domain either
directly or indirectly through any agency, board, commission, person,
entity created by or acting under authority derived from the City
or otherwise unless and until such action is approved by an ordinance
enacted by affirmative vote of two-thirds of the entire City Council
regarding the specific property to be acquired.
[2]
The reference to zoning cases is not applicable per court ruling in St. Louis County Circuit Court Case No. 04CC568 (4/29/05). See Charter Appendix A.
[3]
The reference to zoning cases is not applicable per court ruling in St. Louis County Circuit Court Case No. 04CC568 (4/29/05). See Charter Appendix A.
[4]
This sentence is not applicable per court ruling in St. Louis County Circuit Court Case No. 04CC568 (4/29/05). See Section 89.060, RSMo. See Charter Appendix A.
[5]
This sentence does not apply per court ruling in St. Louis County Circuit Court Case No. 04CC568 (4/29/05). See Section 89.060, RSMo. See Charter Appendix A.
(d)
Form of ordinances. Proposed ordinances and resolutions
shall be introduced in the city council only in written or printed
form. The enacting clause of all ordinances shall be: Be It Ordained
By the City Council of the City of Creve Coeur. The enacting clause
of all ordinances submitted by initiative shall be: Be It Ordained
By the People of the City of Creve Coeur.
No ordinance, except those making appropriations of money and
those codifying or revising existing ordinances, shall contain more
than one subject which shall be clearly expressed in its title. Ordinances
making appropriations shall be confined to the subject matter of the
appropriation.
An ordinance may incorporate or adopt by reference, without
setting forth in full, the provisions of technical codes, statutes,
prior ordinances, St. Louis County ordinances and other matters of
public record, provided that a copy of the material to be adopted
is filed with the city clerk for public inspection at least fifteen
(15) days prior to the passage of the ordinance adopting said material.
The copy of material to be adopted by reference shall be retained
by the city clerk so long as the ordinance remains in effect.
(e)
Procedure. Except in the case of emergency ordinances,
every proposed ordinance shall be read by title in open meeting two
(2) times before final passage. The first and second reading may not
be at the same meeting. The second reading and final passage may be
at the same meeting; however, at least one week shall lapse between
introduction and final passage, unless the ordinance is declared to
be an emergency. A copy of each proposed ordinance shall be provided
for public inspection at the office of the city clerk until it is
finally adopted or fails of adoption. Persons interested in a proposed
ordinance shall be given an opportunity to be heard before the Council
in accordance with such rules and regulations as the Council may adopt.
If the Council adopts an amendment to a proposed ordinance which constitutes
a change in substance, the proposed ordinance as amended shall be
placed on file for public inspection in the office of the city clerk
for one additional week before final passage.
(f)
Emergency ordinances. An ordinance may be passed
as an emergency measure on the day of its introduction if it contains
a declaration describing in clear and specific terms the facts and
reasons constituting the emergency and receives the vote of at least
six (6) of the members of the council. An ordinance granting, reviewing,
or extending a franchise shall not be passed as an emergency ordinance.
(g)
Effective date. An ordinance shall become effective: (1) immediately unless otherwise specified after adoption by the council and the signing thereof by the mayor, or the person exercising the duties of the mayor, or (2) immediately unless otherwise specified upon passage over the mayor's veto, as hereinafter provided, or (3) the later effective date specified in the ordinance, or (4) if an emergency ordinance upon its adoption or at any later date specified therein, or (5) if the mayor neither signs nor vetoes the proposed ordinance as provided in Section 4.4(c), eight (8) days after passage by the council.
(h)
Authentication and recording. All ordinances and
resolutions that become effective as provided in this Charter shall
be authenticated by the signature of the city clerk. The city clerk
shall record and properly index all ordinances and resolutions adopted
by the city council.
Within three (3) years after adoption of this charter, all ordinances
and resolutions of the city of a general and permanent nature shall
be revised, codified, and promulgated according to a system of continuous
numbering and revisions as specified by ordinance, and thereafter
shall be updated annually.
