City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2007 §110.110; Ord. No. 1184 §16, 1-17-1985; Ord. No. 4017 §1, 2-18-2000; Ord. No. 5609 §2, 8-12-2010]
The City Council shall hold a regular meeting on the second (2nd) and fourth (4th) Thursday of each month at the City building beginning at 7:30 P.M. Should the second (2nd) or fourth (4th) Thursday of any month fall on a legal holiday, the regular meeting of the City Council of the City of O'Fallon shall be rescheduled within that same month unless the Council by majority vote cancels such meeting or reschedules such meeting to a date in the following month.
[R.O. 2007 §110.120; Ord. No. 1184 §17, 1-17-1985; Ord. No. 5609 §2, 8-12-2010]
Special meetings may be called from time to time to be held in the City Hall of the City of O'Fallon or such other place as designated at the time designated in the notice thereof; such special meetings may be called by the Mayor or shall be called by the Mayor at the request of three (3) Council members. Notice of the special meetings shall be given in person or electronically or by mail at least twenty-four (24) hours before the time set for the meeting to all Council members then in the City and shall be posted at the location designated for meeting notices pursuant to the City's Open Meetings and Records Policy. If notice is by mail, it shall be deposited in the United States mail at least thirty-six (36) hours before the time set for the meeting.
[R.O. 2007 §110.130; Ord. No. 1184 §18, 1-17-1985; Ord. No. 5609 §2, 8-12-2010]
The Mayor and members of the City Council shall be required to attend all regular and special meetings of the Council, unless leave of absence is granted by the Council, or unless excused by the Mayor for illness or other special reasons.
[Ord. No. 5609 §2, 8-12-2010]
The Mayor, as President of the City Council, shall preside over the meetings of the City Council. At the first (1st) regular meeting of the City Council after the election in each year, the City Council shall elect one (1) of its members President Pro Tempore, who shall hold his or her office for the term of one (1) year, and who, in the absence of the Mayor, shall preside at meetings of the City Council, and who shall have all the powers and perform all the duties of Mayor whenever the Mayor shall be absent from the City or for any cause shall be unable to discharge the duties of the office; provided that in the absence of both the Mayor and the President Pro Tempore, the City Council may select one (1) of its members present to preside at its meeting who shall be designated as Acting President Pro Tempore. The President Pro Tempore acting as the Presiding Officer shall not cast a second (2nd) vote to break a tie vote.
[R.O. 2007 §110.140; Ord. No. 1184 §19, 1-17-1985; Ord. No. 5609 §2, 8-12-2010]
At the hour appointed, the Mayor, or in his/her absence the President Pro Tempore or Acting President Pro Tempore of the City Council, shall call the City Council to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. A simple majority of the Council members shall constitute a quorum. If a quorum is not present, a smaller number may adjourn the meeting from day to day until a quorum is present.
[Ord. No. 6454, 3-22-2018; Ord. No. 6480, 7-12-2018]
A. 
Order. The order of events associated with all regular meetings of the Council shall be substantially as follows:
1. 
Invocation;
2. 
Pledge of Allegiance;
3. 
Call to Order and Roll Call;
4. 
Approval or Amendment of the Agenda;
5. 
Presiding Officer's Report;
6. 
Citizen Comments;
7. 
Ward Reports;
8. 
City Administrator's Report;
9. 
Committee and Commission Reports;
10. 
Consent Agenda;
11. 
Old Business;
12. 
New Business;
13. 
Adjournment.
The City Council, by majority vote of the members present, may change the order of business.
B. 
Establishment. The agenda shall be established by the City Administrator in accord with Section 115.060; provided, however, that, any item requested by the Mayor or any member of the City Council shall be included on the agenda.
C. 
Consent Agenda. At the time of establishing the agenda, the Mayor may include one (1) or more of the following items of business on the agenda as being on the consent agenda:
1. 
Minutes of City Council Meetings;
2. 
Acceptance, Conveyance and Vacation of property interests;
3. 
Approval of Licenses;
4. 
Approval of Development Escrow Transactions, Storm Water Agreements, and Similar Administrative Development Activities;
5. 
Approval of City Contracts, Purchases and Similar Administrative Matters.
At the request of the Mayor or one (1) or more members of the City Council an item of business shall be removed from the consent agenda and considered separately.
The City Council, by a majority vote of the members present, may approve and adopt the consent agenda by a single motion. Upon approval of the consent agenda, each item thereon shall be deemed passed, approved and adopted, as if considered individually.
[Ord. No. 2029 §8, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
All special committees shall be appointed by the Presiding Officer, unless otherwise directed by the City Council. The only standing committee of the City Council shall be the committee of the whole. The Mayor shall be the Presiding Officer of the committee of the whole and the rules of proceedings in the City Council shall be observed in the committee of the whole as far as the same may be applicable.
[R.O. 2007 §110.240; Ord. No. 2029 §10, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
A. 
Single Subject—Clear Title. No ordinance, except those making appropriations of money and those codifying or revising existing ordinances, shall contain more than one (1) subject which shall be clearly expressed in its title. Ordinances making appropriations shall be confined to the various subjects and accounts for which monies are appropriated.
B. 
Preparation Of Ordinances. All ordinances shall be prepared or approved by the City Attorney. All such ordinances shall be introduced to the City Council in printed or written form.
C. 
Introduction For Passage Or Approval. Items shall be placed on a Council agenda at the request of the Mayor or when requested by any member of the City Council. Ordinances, resolutions and other matters of subjects requiring action by the City Council should be introduced by a member of the Council or the Mayor, except that the City Administrator or City Attorney may present ordinances, resolutions and other matters or subjects to the Council, and any member of the Council or the Mayor may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, same shall not be considered.
D. 
Council members shall recuse themselves from taking action on any bill, resolution, motion or other matter involving their own official conduct or a conflict of their disclosed personal interest. Any recused Council member shall not participate in the discussion and shall abstain from voting on said item.
[Ord. No. 5609 §2, 8-12-2010]
A. 
The identification of a sponsor for a bill shall only be preliminary and presumptive until the initial agenda where that bill appears as an action item is approved by the Council.
B. 
If a bill is added to an agenda as a result of a proposal brought to the Council by a specific member or members, the proposed agenda shall identify that member or those members as presumptive sponsors for that legislation regardless of the subject matter of the bill or the process by which it comes to the agenda.
C. 
If a bill concerns a unique or geographically isolated matter wholly within one (1) ward, the agenda shall identify the members from that ward as the presumptive sponsors for that bill.
D. 
If a bill is added to an agenda as an administrative matter or at the request of City management, the agenda shall identify the Mayor as the presumptive sponsor of that bill.
E. 
If a bill is added to an agenda following review or recommendation of a City advisory body, the agenda shall identify that member or those members who are Council appointee(s) or liaison to that advisory body as presumptive sponsor(s) of that bill.
F. 
Any presumptive sponsor of a bill may decline to act as sponsor at any time prior to the adoption of the agenda where that bill first appears as an action item.
G. 
If a bill is a matter which requires definitive and final action by the Council (e.g., because an applicant has complied with all appropriate procedures and is entitled to a decision on the license, permit or other matter applied for) and no member is willing to sponsor the bill, the sponsor shall be identified as the Council as a whole so that the matter may be properly considered.
H. 
The rights and prerogatives of the sponsor of a bill may be exercised by the sole sponsor, by either sponsor if there are two (2) sponsors or by a majority of the sponsors if there are more than two (2).
I. 
A member wishing to be added as a sponsor of a given bill may do so only:
1. 
With the consent of the presumptive sponsor(s) prior to the approval of the initial agenda where that bill first appears as an action item, or
2. 
With the consent of the sponsor(s) after approval of the initial agenda where that bill first appears as an action item.
[Ord. No. 5609 §2, 8-12-2010]
A. 
The style of the ordinances of the City shall be: "Be it ordained by the Council of the City of O'Fallon, Missouri, as follows:".
B. 
No ordinance shall be passed except by bill. All bills shall be numbered consecutively and shall identify the sponsor(s) of that bill.
C. 
No bill shall become an ordinance unless on its final passage a majority of the entire City Council shall vote in the affirmative for its passage. Voting on all ordinances, amendments and resolutions other than commendations and ceremonial resolutions shall be by roll call vote called in a random order as determined by the City Clerk and the "ayes" and "nays" shall be entered on the journal.
D. 
When a bill is reached in its order to be agreed to and read a second (2nd) time and placed upon its final passage, it may, upon the request of the sponsor thereof, be laid over informally and thereafter called up by the sponsor at any time when otherwise in order. The prerogative of a sponsor to layover a bill may be exercised by either sponsor if there are fewer than three (3) sponsors or by concurrence of a majority of the sponsors if there are more than three (3) sponsors. All bills laid over informally and not taken up and disposed of at the same meeting shall appear in order upon the agenda for the next following regular City Council meeting. If a bill laid over informally is not taken up for further consideration within three (3) regular City Council meetings after being so laid over, it shall lie upon the table and be dropped from the agenda of the City Council without further action of the City Council.
E. 
Every proposed ordinance shall be introduced to the Council in writing and shall be read two (2) times prior to passage. The reading of a bill by its title shall be deemed sufficient reading unless further reading is called for. If further reading is called for, and no objection made, the bill shall be read at length. If, however, objection be made, the question shall be determined by the majority of the City Council.
F. 
Copies of a proposed ordinance shall be made available for public inspection in the office of the City Clerk.
G. 
The vote on the final passage of a bill shall be taken after the second (2nd) reading. The final vote on a bill shall not be taken at the same meeting at which the bill is introduced. Unless waived or suspended as hereinafter provided, at least ninety-six (96) hours shall intervene between the convening of a City Council meeting at which a bill is first introduced and the convening of a subsequent meeting at which the bill shall be considered for final passage. Waiver or suspension of two (2) meeting and time limitation requirements of this Section shall be allowed unless three (3) or more Council members object.
H. 
No bill shall become an ordinance until it shall have been signed by the officer presiding at the meeting of the Council at which it shall have been passed. When so signed, it shall be delivered to the Mayor for his/her approval and signature or his/her veto.
I. 
Every ordinance passed by the Council and subsequently approved by the Mayor or passed over the Mayor's veto as provided by law shall take effect from and after the date of its passage by the Council unless a later effective date is expressly provided in the ordinance.
[R.O. 2007 §110.310; Ord. No. 2029 §17, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
The City Council is considered to be a continuous body although its members may and do change from time to time. Thus matters of a legislative nature that have been lawfully begun by a preceding City Council can be carried through to their completion by the succeeding Council and be made effective. Except in cases where vested rights may be violated, or the rights of other parties may have intervened, the City Council generally has the right to rescind or repeal any of its acts or the acts of any prior Council.
[R.O. 2007 §110.320; Ord. No. 1184 §24, 1-17-1985; Ord. No. 5609 §2, 8-12-2010]
The Council hereby adopts Robert's Rules of Order, except when otherwise provided for in the Charter or by ordinance, and any question arising thereunder shall be decided by the Mayor, subject to appeal to the City Council by any member.
[R.O. 2007 §110.190; Ord. No. 2029 §5, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
Persons interested in a bill or other item on a Council agenda shall be afforded an opportunity to be heard before the City Council during a public comment portion of each meeting; provided however, that the Council may, by a majority vote of the members then present, withdraw the opportunity for public comment at a given meeting so long as no bill which has been introduced shall be finally acted upon unless there shall have been at least one (1) opportunity for public comment prior to such action. Each person addressing the City Council shall step up in front of the designated microphone, shall give his/her name and address in an audible tone or voice for the records, and unless further time is granted by the Council, shall limit his/her address to five (5) minutes. All remarks shall be germane to the business of the City of O'Fallon and shall be addressed to the City Council as a body and not to any individual member thereof. No person, other than the City Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Council member except through the Presiding Officer.
[R.O. 2007 §110.200; Ord. No. 2029 §6, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
A. 
By Council Members. While the City Council is in session, the members must preserve order and decorum and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided.
B. 
By Others. Any person making personal attacks or slanderous remarks about another, or who shall become boisterous or disturb the order of the meeting while addressing the City Council or at any time during a Council meeting, may be forthwith barred by the Presiding Officer from further audience before the Council unless permission to continue is granted by a majority vote of the Council.
[R.O. 2007 §110.210; Ord. No. 2029 §7, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
The Chief of Police, or such member or members of the Police Department as he/she may designate, shall be sergeant at arms of the City Council meetings. However, said attendance and function shall be subject to the discretion of the Presiding Officer of the City Council. As sergeant of arms, said member or members of the Police Department shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the City Council meeting.
[R.O. 2007 §110.250; Ord. No. 2029 §11, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
A member of the City Council is under a duty to vote for or against every bill presented. In the event the member of the City Council states that he/she is abstaining on a question, issue or motion to be voted on by the City Council, such abstention shall be recorded as a vote with the majority of the votes cast unless said member states that the basis for his/her abstention from voting is that he/she is prohibited from voting on said question, issue or motion as a result of a conflict of interest as defined and provided for in the ordinances of the City and the Revised Statutes of Missouri.
[R.O. 2007 §110.260; Ord. No. 2029 §12, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
A member of the City Council voting on any motion, issue or question shall have the right to change his/her vote thereon at any time prior to the declaration by the Presiding Officer of the Council of the final vote upon said motion, question or issue. After such declaration by the Presiding Officer a member shall be allowed to change his/her vote only pursuant to a motion to reconsider.
[R.O. 2007 §110.290(K); Ord. No. 2029 §15, 6-4-1992; Ord. No. 5609 §2, 8-12-2010]
Upon the declaration of a vote by the Presiding Officer on any question, issue, motion, bill, ordinance or resolution, any member who voted with the majority may move for a reconsideration of the matter at the same or the next succeeding meeting at the request of a member who voted with the majority, provided that said question, issue, motion, ordinance or resolution must be expressly placed upon the agenda for said succeeding meeting, and, further provided, that the resolution or ordinance authorizing or relating to any contract may be reconsidered at any time before the final execution thereof. A motion to reconsider an ordinance or resolution shall require the same number of votes for passage as is required to adopt an ordinance or resolution. A motion to reconsider any other matter shall require approval of the majority of those members present and voting on said issue, including those votes deemed cast as provided in Section 110.230 above. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the consent of two-thirds (2/3) of the members of the City Council present. The term "next succeeding meeting", as used herein, shall mean the next succeeding regularly scheduled meeting of the City Council unless such matter involved be expressly placed upon the agenda of a duly called special meeting of the Council.
[Ord. No. 4890 §1, 8-16-2005; Ord. No. 5609 §2, 8-12-2010]
The City Council of the City of O'Fallon, Missouri, express their opposition to, and their present intention not to use, eminent domain to take private property for economic development purposes but instead to limit its use for public uses including, but not limited to, acquisition of private property for public parks, public streets, public roads, public highways, public sidewalks, public water system improvements, public sanitary sewer system improvements, public stormwater system improvements, and the like.