[Ord. No. 4913, § 1, 9-3-92; Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
The city council shall consist of a mayor and six other councilmembers, each of whom shall be elected for a term of two years and shall serve until a successor shall be elected, except as otherwise provided herein to fill vacancies for unexpired terms. Six councilmembers shall be elected, two from each of three wards, by the qualified voters thereof. Of the first councilmembers elected under this charter, the one from each ward receiving the smaller number of votes shall serve only until the next regular municipal election. Thereafter, all councilmembers shall be elected for terms of two years, except as provided herein for elections to fill unexpired terms.
Commencing with the municipal election for councilmembers in April, 1993, each councilmember shall thereafter be elected for a term of three years and shall serve until successors shall be elected, except as otherwise provided herein to fill vacancies for unexpired terms. Commencing with the municipal election for mayor in April, 1995, each mayor shall thereafter be elected for a term of three years and shall serve until a successor shall be elected, except as otherwise provided herein to fill a vacancy for unexpired terms. Commencing with the municipal election for councilmembers in April, 1993, the number of consecutive terms which may be served by each councilmember elected in 1993 and thereafter shall be limited to three consecutive terms. Commencing with the municipal election for mayor in April, 1995, the number of consecutive terms which may be served by the mayor elected in 1995 and thereafter shall be limited to two consecutive terms. For these purposes, serving any part of an unexpired term shall not be considered one term of the consecutive term limit.
[1]
Editor's Note—Section 1 as herein set out was amended by Ord. No. 4913 § 1, 1-28-92. Said ordinance was ratified by the qualified voters at an election held Sept. 3, 1992.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
The mayor shall be elected by the qualified voters of the city at large and shall have the same qualifications as are required for other councilmembers. The mayor shall preside at all meetings of the city council and shall be recognized as head of the city government for all legal and ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties. The mayor shall have the same right to vote as any other member of the city council, but shall have no veto power. The city council shall also elect from among the councilmembers a mayor pro tempore, who shall act as mayor in the absence of the mayor. If a vacancy should occur, the mayor pro tempore shall act as mayor until the vacancy shall be filled as provided in this charter.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
A councilmember shall be at least twenty-five years of age, a qualified voter of the State of Missouri, and a resident of the City of Clayton for at least two years immediately prior to election. Councilmembers elected by wards shall be residents of the wards from which they are elected. Councilmembers shall hold no other remunerative position in the city government during their terms. If a councilmember shall cease to be a resident of the City of Clayton or of the ward by which they were elected or shall otherwise cease to possess these qualifications, or shall be convicted of a crime involving moral turpitude, their office shall immediately become vacant.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
The city council may by ordinance establish and from time to time revise the compensation of the mayor and other councilmembers, but such change shall not apply during the terms they are serving at the time the change is adopted.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
In case of a vacancy in the office of mayor or other councilmember, the city council shall make arrangements for a special election to fill such vacancy for the unexpired term.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
The city council shall determine by ordinance its own rules and order of business. It shall keep a journal of its proceedings, which shall be open to public inspection. The council shall be the judge of the election returns and the qualifications of its members, and may punish its members for disorderly behavior. A majority shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the council may provide.
The affirmative vote of a majority of the members of the council shall be necessary to adopt any ordinance, resolution or motion. The "ayes" and "nays" on any question shall, at the request of any member, be entered in the journal, and the "ayes" and "nays" shall be recorded on the final passage of every ordinance or resolution.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
The city council shall meet regularly, at such times as its rules may prescribe, but not less frequently than twice each month. All meetings shall be open to the public, except as provided by law, and notice of all meetings shall be given to the public in the manner prescribed by rules of the council.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
In transacting legislative business, whenever the councilmembers shall act by ordinance, the following procedure shall be used: Every ordinance shall be by bill which shall be in written form, and the enacting clause shall be: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLAYTON. No bill, except those making appropriations of money and those codifying or revising existing ordinances, shall relate to more than one subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject matter of the appropriations.
All bills shall be called up for consideration at least twice, and at least one week shall elapse between the time a bill is introduced and its final passage, except that bills may be passed on the day of their introduction by the affirmative vote of all members of the council who are present.
At the time of its introduction a copy of every bill introduced shall be provided for each member of the council, and a copy shall be kept on file in the office of the city clerk where it shall be open for public inspection until it is finally adopted or fails of adoption.
Prior to the passage of any bill, except those passed on the day of their introduction by the affirmative vote of all members present, interested persons shall be given an opportunity to be heard before the council in accordance with such rules and regulations as the council may adopt. The council may finally pass a bill with or without amendments, except that if the council shall make an amendment which, in the opinion of at least three members of the council, constitutes a change in substance, the bill as amended shall be placed on file for public inspection in the office of the city clerk for one additional week.
When passed by the city council, an ordinance shall be signed by the mayor and attested by the city clerk, shall be immediately filed and thereafter preserved in the office of the city clerk and, except as otherwise provided in the charter, shall be subject to the referendum as provided in this charter. Unless otherwise specified in the bill, all ordinances shall become effective immediately upon final passage.
All ordinances of the city of a general and permanent nature shall be revised, codified, and promulgated according to a system of continuous numbering and revision as specified by ordinance.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
An independent audit made in accordance with recognized municipal auditing procedures shall be made of all accounts of the city at least annually, and more frequently if deemed necessary by the city council. The audit shall be made by a certified public accountant or accountants, experienced in municipal accounting and selected by the council. The results of the audit shall be made public in such manner as the city council may determine.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
The city council shall by resolution appoint a city clerk. The clerk shall keep the journal of the proceedings of the council, authenticate by their signature all ordinances and resolutions and maintain them as public records. The clerk shall keep the corporate seal of the city with which to attest its official acts, and perform such other functions and duties as may be required by law, by this charter, or by the city council. The clerk shall hold office at the pleasure of and receive compensation as determined by the city council.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
The city council shall by resolution appoint an officer who shall have the title of city manager and shall have the powers and perform the duties provided in this charter. Neither the mayor nor any other member of the city council shall receive such appointment during the term for which they shall have been elected nor within one year after the expiration of their term. The city manager shall be employed for an indefinite term. The city manager may be suspended by a resolution which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager by the city clerk. The city manager shall have ten days in which to reply in writing, and if the city manager so requests in their reply, they shall be afforded a public hearing not earlier than ten days nor later than fifteen days after the hearing is requested. After the public hearing, if one has been requested, and after full consideration the city council by a vote of a majority of its members may adopt a final resolution of removal.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
Neither the city council nor any of its members shall direct or request the appointment of any person to office, or the removal of any person from office by the city manager, or by any of their 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 city council and its members shall deal with the administrative officers and employees solely through the city manager, and neither the city council nor any member thereof shall give orders to the subordinates of the city manager, either publicly or privately. Any member of the city council violating the provisions of this section shall forfeit their office. Whether a violation has occurred shall be determined by the members of the city council, and their decision shall be final.
[Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
The city council by ordinance may create, change, and abolish offices, departments, boards, commissions, or agencies other than those established by this charter. The city council by ordinance may assign additional functions or duties to offices, departments, boards, commissions, or agencies, but may not discontinue or assign to any other office, department, board, commission, or agency any function or duty assigned by this charter to a particular office, department, board, commission, or agency, except as otherwise provided in this charter.
[Ord. No. 5752, § 1, 4-22-03; Ord. No. 6946, 8-12-2025, passed by majority vote 11-4-2025]
Without limitation of the powers conferred upon the city in Section 3 of Article I of this charter or by any other provision hereof, the council shall have power, not inconsistent with this charter, to:
(1) 
Assess, levy, and collect taxes for all general and special purposes on all subjects or objects of taxation not expressly prohibited by law, provide for enforcing prompt payment thereof by any appropriate means, and adopt such classifications of the subjects and objects of taxation as may not be contrary to law.
(2) 
Furnish all public services; purchase, hire, lease, construct, own, maintain, and operate public utilities; dispose of the services and products thereof; acquire, by condemnation or otherwise, within or without the corporate limits of the city, property, or any estate or interest therein, necessary for any such purposes; grant public utility franchises and permits and regulate the exercise thereof.
(3) 
Make public improvements and acquire, by condemnation or otherwise, property, or any estate or interest therein, within or without the corporate limits of the city, necessary for such improvements.
(4) 
Adopt police, health, sanitary, safety, fire prevention, and other similar regulations and provide for their enforcement.
(5) 
Authorize the expenditure of money of the city for all lawful purposes.
(6) 
Issue, sell, pledge, or in any manner dispose of negotiable or nonnegotiable, interest bearing or non-interest bearing bonds or notes of the city, upon the credit of the city, or solely upon the credit of specific property owned by the city, or solely upon the credit of income derived from the property used in connection with any public utility owned or operated by the city, or from service charges made for any public service provided by the city, or solely upon the credits of the proceeds of special assessments for local improvements, or upon any two or more of such credits.
(7) 
Exercise the power of eminent domain, including the power of excess condemnation, and condemn private property, real or personal, or any use therein, for public use within or without the corporate limits of the city, as authorized by the constitution or by law.
(8) 
Take and hold property within or without the corporate limits of the city upon trust, and administer trusts.
(9) 
Acquire and receive by gift, bequest, or devise all kinds of property, real, personal, or mixed, or any estate or interest therein, within or without the city, absolutely or in trust, for all public, charitable or municipal uses or purposes; perform all acts necessary to carry out the purposes of such gifts, bequests, or devises, with power to manage, sell, lease, or otherwise handle or dispose of such property in accordance with the terms of the gift, bequest, or devise.
(10) 
Acquire, receive, hold, provide for by contract or otherwise, construct, operate, regulate, maintain, and improve all kinds of public buildings, structures, public market facilities, airports, off-street parking facilities, public housing, cemeteries, hospitals, parks and other recreation facilities, all other public improvements, and any other property, real or personal, within or without the city, for all such uses or purposes, or for any other public or municipal use or purpose; acquire, receive, and hold any estate or interest in any such property; and sell, lease, mortgage, pledge, or otherwise dispose of the same or the products thereof.
(11) 
Collect and dispose of sewage, offal, ashes, garbage, and refuse; contract for, or license and regulate such collection and disposal and provide a service charge therefor.
(12) 
Prescribe limits within which businesses, occupations, and practices apt to be nuisances or detrimental to the health, safety, morals, security, or general welfare of the people may lawfully be established, conducted, and maintained.
(13) 
License and inspect weights and measures; and inspect, test, measure, and weigh any article offered for sale within the city for consumption or use.
(14) 
Regulate the construction and materials of all buildings and structures, and inspect all buildings, lands, and places as to their condition for health, cleanliness, and safety; and when necessary, limit or prevent the use thereof and require any alterations or changes necessary to make them healthful, safe, and clean; and provide procedures and methods to condemn and, if necessary, to tear down or destroy unsafe or unhealthful places, buildings, or structures.
(15) 
Establish, open, close, relocate, vacate, alter, widen, extend, grade, pave, improve, repair, construct, reconstruct, maintain, light, landscape, decorate, sprinkle, and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds and squares, bridges, viaducts, subways, tunnels, sewers and drains, and regulate the use thereof.
(16) 
Abolish or prevent grade crossings, and provide for safe crossings, and compel any street railway, railroad, or other transportation company or companies affected thereby to pay all or part of the cost thereof; regulate and control the location of aviation fields, hangars, and aircraft landing places; regulate and control the location, construction, operation, and use of all types of communication facilities; all subject to any superior regulatory authority.
(17) 
Invest funds of the city, except as otherwise provided in this charter, in time deposit certificates, in obligations of the United States, the State of Missouri, or of this city.
(18) 
Extend or diminish the limits of the city by ordinance and as otherwise provided by law; and merge with any other municipal corporation, but only upon the affirmative vote of a majority of the electors of Clayton.
(19) 
Define, prohibit, suppress, prevent, and regulate all acts, practices, conduct, businesses, callings, trades, uses of property, and all other things whatsoever detrimental or apt to be detrimental to the health, safety, morals, comfort, security, convenience, and welfare of the inhabitants of the city, and abate all nuisances.
(20) 
Do all things necessary or expedient for promoting the comfort, education, morals, safety, security, peace, government, health, welfare, trade, commerce, or industry of the city and its inhabitants.
(21) 
Provide for the enforcement of any ordinance, rule, or regulation by means of fines, forfeitures, penalties, and imprisonment, or by action or proceedings in the municipal court or in any court of competent jurisdiction, or by any one or more of such means, and impose costs as a part thereof, and provide for probation and parole in proper cases.
(22) 
License, tax, and regulate all businesses, occupations, professions, vocations, activities, or things whatsoever set forth and enumerated by the laws of Missouri now or hereafter applicable to constitutional charter cities, special charter cities, or cities of the first, second, third or fourth class, or of any population group, and which any such cities are now or may hereafter be permitted by law to license, tax, and regulate; and prohibit or suppress all businesses, occupations, professions, vocations, activities, animals, or things whatsoever set forth and enumerated by the laws of Missouri now or hereafter applicable to constitutional charter cities, special charter cities, or cities of the first, second, third, or fourth class or of any population group, and which any such cities now or may hereafter be permitted by law to prohibit or suppress.
(23) 
Compel by the issuance of process the attendance of witnesses and the production of papers and records relating to any subjects under investigation in which the interest of the city is involved, call upon the proper officers of the city or county to execute such process, and administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal and civil jurisdiction under the laws of Missouri.
(24) 
Contract and be contracted with, and sue and be sued.
(25) 
Make and collect special assessments on public or private property for public improvements, and provide for enforcing the prompt payment thereof by any appropriate means.
(26) 
Provide for the enumeration of the inhabitants of the city for any purpose.
(27) 
For the purpose of promoting health, safety, morals, or the general welfare, regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, parking areas, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purposes; divide the city into districts for any or all of said purposes, and regulate and restrict the erection, construction, reconstruction, alteration or use of buildings, structures, or land within such districts.
(28) 
Cooperate, or join by contract or otherwise, with other cities, with counties, states, the United States, or other governmental bodies, singly or jointly, or in districts or associations, for promoting or carrying out any of the powers of the city, or for the acquisition, construction, or operation of any property, works, plants, facilities, or structures convenient or necessary for carrying out any of the purposes or objects authorized by this charter.
(29) 
Establish and enforce gas, electric, water, and public transportation rates, and rates and charges for all other utilities owned and operated, or services furnished by the city; and establish or approve and enforce all rates and charges of privately owned utilities operating within the city not regulated by other public authority. All such rates and charges shall be determined after a public hearing and in accordance with regularly established procedures to be prescribed by ordinance.
(30) 
Incur debts by borrowing money or otherwise and give appropriate evidence thereof.
(31) 
Improve watercourses and regulate the use thereof.
(32) 
Direct, regulate, and control the location and construction of all poles, wires, conduits, subways, pipe mains, or other structures or erections of any kind in, under, or over public streets, alleys, highways, or places in the city.
(33) 
Provide for the purchase by the city of property levied upon and under execution or process in favor of the city and of property when sold for delinquent taxes and assessments, and for the sale and conveyance of the same.
(34) 
Provide for the support, maintenance, and care of sick, aged, insane, or poor persons, and neglected or delinquent children; and provide for the punishment of parents, guardians, or custodians for neglect of children.
(35) 
Acquire, operate, and maintain charitable, educational, comfort, recreative, curative, corrective, detentive, penal, and other institutions, departments, functions, facilities, instrumentalities, conveniences, and services.
(36) 
Assess against property the costs of cutting and removing therefrom noxious weeds and rubbish.
(37) 
Provide for the clearance, replanning, reconstruction, redevelopment, and rehabilitation of blighted, substandard or insanitary areas, and for recreational and other facilities incidental or appurtenant thereto, and for taking or permitting the taking, by eminent domain, of property for such purposes, and when so taken the fee simple estate and title shall vest in the owner, who may sell or otherwise dispose of the property subject to such restrictions as may be deemed in the public interest.
(38) 
Enact, adopt, and enforce all ordinances, rules, and regulations; do all things, and exercise all governmental and municipal authority necessary, appropriate, or convenient, contributing to or bearing a substantial relation to the full and complete exercise of all the powers of this city.
(39) 
License, tax and regulate all persons engaged in the business of providing or furnishing telephone, telecommunications, data transmission or similar services, whether through wire or wireless transmissions, to the extent allowed by law.