[R.O. 2011 § 110.010; R.O. 2009
§ 30.01]
There shall be a City Council of
one (1) member from each of the ten (10) wards, nominated and elected
by the qualified registered voters of their respective wards, as provided
in Article IX of the City Charter.
[R.O. 2011 § 110.020; R.O. 2009
§ 30.02; CC 1981 § 2-23; Ord.
No. 86-2, 1-7-1986; Ord. No. 89-40, 2-23-1989]
No person shall be Councilmember
unless he/she is at least twenty-one (21) years of age prior to taking
office, a citizen of the United States, an inhabitant of the City
for two (2) years next preceding his/her election, a qualified registered
voter and shall be a resident of the ward from which he/she is elected
six (6) months next preceding his/her election. If a Councilmember
removes his/her residency from the ward from which he/she is elected,
his/her office shall be immediately vacated. No person shall be elected
or appointed to any office who shall at the time be in arrears for
any unpaid City taxes or forfeiture or defalcation in office.
[R.O. 2011 § 110.030; R.O. 2009
§ 30.03; CC 1981 § 2-25; Ord.
No. 86-2, 1-7-1986; Ord. No. 01-219, 9-21-2001; Ord. No. 01-268, 11-30-2001]
A. President.
1.
The members of the Council at the
first meeting following certification of the election results by the
election authority for their election shall elect one (1) of their
members as President of the Council who shall serve for a term of
one (1) year and who shall be Presiding Officer over the meetings
of the Council and shall vote as a member.
2.
The election shall be by preprinted
ballots listing all Councilmembers. A ballot shall be signed by the
Councilmember casting that ballot, shall be collected and counted
by the City Clerk and shall be kept by the City Clerk as open documents
available for public inspection. The President shall be elected by
a majority of those members present and voting.
B. Vice President. After the Councilmembers
have selected a President, they shall select a Vice President using
the same procedures required for selection of the President. The Vice
President shall perform the functions of the President in the absence
of the President, except when the President has appointed a temporary
replacement as provided by ordinance. When the Vice President is fulfilling
the functions of President, the Vice President shall have all of the
powers and duties of the President, including the power to appoint
a temporary replacement. The Vice President shall hold the office
for one (1) year.
C. Temporary Vice President.
1.
In the event of the absence or incapacity
of both the President and Vice President, the Council may select one
(1) of its members to serve as temporary Vice President.
2.
In the event of an emergency and
of the absence or incapacity of both the President and Vice President,
the next Councilmember in the line of succession, who is neither absent
nor incapacitated, shall serve as Vice President until the Vice President
returns, or is no longer incapacitated, or until a Councilmember higher
in the line of succession returns, or is no longer incapacitated,
or until the Council selects a temporary Vice President, whichever
occurs first.
3.
Following any election in which a
Councilmember is elected and following the appointment to fill a vacancy
in any position of Councilmember, the City Clerk shall determine by
lottery the line of succession for temporary Vice President and shall
announce the results to the Council at its next regular Council meeting
following the lottery.
[R.O. 2011 § 110.040; R.O. 2009
§ 30.05; CC 1981 § 2-22; Ord.
No. 86-2, 1-7-1986; Ord. No. 86-91, 4-18-1986; Ord. No. 92-269, 11-12-1992]
A. The regular or stated meetings of the City
Council shall be held on the first and third Tuesdays of each month
at 7:00 P.M. or as soon thereafter as practicable in the Council Chamber
in the City Hall Building, 200 North Second Street.
B. The City Council, at a previous meeting and upon two-thirds (2/3) vote of the members present, may dispense with a meeting or set a different date. Notice of such action shall be provided in conformance with Section
115.395 of this Code.
C. The Mayor upon his/her own motion may,
or at the request of three (3) members of the 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. Special meetings of the Council may also be held at any
time by the consent of all the members of the Council, and such consent
may be given either prior to or during the special meeting.
[R.O. 2011 § 110.050; R.O. 2009
§ 30.08; CC 1981 § 2-26; Ord.
No. 86-2, 1-7-1986]
The Council shall cause to be kept
a journal of its proceedings, and the "yeas" and "nays" of the members
shall be entered on any question at the desire of any two (2) members.
The Council may prescribe and enforce such rules as may be necessary
to secure the attendance of its members and the expeditious transaction
of its business.
[R.O. 2011 § 110.060; R.O. 2009
§ 30.09; CC 1981 § 2-27; Ord.
No. 86-2, 1-7-1986]
By a two-thirds (2/3) vote of its
members, except when otherwise provided by ordinance, the Council
may compel the attendance of witnesses and the production of papers
relating to any subject under consideration in which the interest
of the City is involved and to that end may authorize subpoenas to
be issued by the City Clerk and require the Chief of Police or any
Police Officer to serve the same. The President of the Council is
hereby authorized to administer oaths or affirmations to such witnesses.
[R.O. 2011 § 110.070; R.O. 2009
§ 30.10; Ord. No. 07-282, 11-9-2007]
A. Except as otherwise provided in the Charter,
the affirmative vote of a majority of the entire Council shall be
necessary to adopt an ordinance, resolution or motion.
B. Nothing in this Section shall prohibit
a requirement of the affirmative vote of more than a majority of the
entire Council to adopt an ordinance, resolution or motion.
C. For purposes of this Section, the words
"entire Council" shall mean ten (10) Councilmembers regardless of
vacancies and absent members.
[R.O. 2011 § 110.080; R.O. 2009
§ 30.20; CC 1981 § 2-59; Ord.
No. 86-2, 1-7-1986]
The style of the ordinances of the
City shall be: "Be it ordained by the Council of the City of St. Charles,
Missouri, as follows:"
[R.O. 2011 § 110.090; R.O. 2009
§ 30.21; CC 1981 § 2-60; Ord.
No. 86-2, 1-7-1986; Ord. No. 92-191, 8-19-1992]
A. Except in the case of emergency ordinances,
every proposed ordinance shall be read by title in open Council meeting
two (2) times before final passage, and at least one (1) week shall
elapse between introduction and final passage. A copy of each proposed
ordinance shall be provided for each Councilmember 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 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 (1) additional week before final passage.
B. All emergency ordinances shall be read
in full in open Council meetings. 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 two-thirds (2/3)
of the members of the Council. An ordinance granting, reviewing or
extending a franchise shall not be passed as an emergency ordinance.
C. Every adopted ordinance shall become effective
immediately upon passage, adoption and approval by the Mayor or at
any later date specified therein except those ordinances excluded
from referendum provisions which shall become effective on final passage
and approval. Emergency ordinances shall become effective upon adoption
or at any later date specified therein.
[R.O. 2011 § 110.100; R.O. 2009
§ 30.22; CC 1981 § 2-61; Ord.
No. 86-2, 1-7-1986; Ord. No. 92-192, 8-19-1992]
Every ordinance or resolution adopted
by the Council shall be presented to the Mayor for approval and if
the Mayor shall sign the same, it shall be deemed approved and adopted.
The Mayor may return an ordinance or resolution with objections to
the Council by delivering it to the City Clerk's office at least two
(2) days prior to the beginning of the next regular meeting of the
Council which meeting shall occur at least thirteen (13) days following
the Mayor's receipt and such ordinance or resolution shall stand vetoed
and shall not take effect without the approval of the mayor unless
adopted over the veto in the following manner: At the first regular
meeting next following receipt by the City Clerk of a disapproved
ordinance or resolution, the City Clerk shall cause the objection
of the Mayor to be entered upon the journal of the Council and the
President of the Council shall put to the Council the question: "Shall
the ordinance or resolution take effect the objections of the Mayor
notwithstanding?" The question may not be tabled for more than fourteen
(14) days and shall not be withdrawn. Should two-thirds (2/3) of the
members of the entire Council cast their votes in favor of overriding
the Mayor's veto, the ordinance or resolution shall take effect, otherwise
it shall not take effect. Should the Mayor neither sign nor return
with objections any ordinance or resolution at least two (2) days
prior to the beginning of the next regular meeting of the Council
which meeting shall occur at least thirteen (13) days following the
Mayor's receipt, it shall be deemed approved and adopted. The Mayor
shall have the power to approve all or any part of any appropriation
bill or the general appropriation of the City budget or veto any item
or all of the same. The Council may override such veto in the same
manner as an ordinance or resolution provided three-fourths (3/4)
of the members cast their votes in favor of overriding the Mayor's
veto before the veto override shall be effective.
[R.O. 2011 § 110.110; R.O. 2009
§ 30.24; CC 1981 §§ 2-63 — 2-67; Ord. No. 86-2, 1-7-1986]
A. Revival Or Re-Enactment. No ordinance shall
be revived or re-enacted by mere reference to the title thereof, but
the same shall be set forth at length as if it were an original ordinance.
B. Former Ordinances Not Revived. When an
ordinance repealing a former ordinance, clause or provision is itself
repealed, such repeal shall not be construed to revive such former
ordinance, clause or provision, unless it is otherwise expressly provided.
C. Effect Of Repeal Upon Acts, Rights And
The Like. The repeal of any ordinance or part of any ordinance shall
not affect any act done or right accrued or established in any proceeding,
action, suit or prosecution had or commence prior to the time when
such repeal shall take effect, but every such act, right or proceeding
shall remain and continue as valid and effectual as if such repeal
had not taken place.
D. Effect Of Repeal Upon Previous Offenses
Committed. No offense committed and no fine, forfeiture or penalty
incurred previous to the time when the repeal of any ordinance shall
take effect shall be affected, released or in any way discharged by
such repeal, but the trial, conviction and punishment of all such
offenses and the recovery of all such fines, forfeitures and penalties
shall be had in all respects as if such repeal had not taken place.
E. Effect Of Repeal Upon Actions Pending.
No action, prosecution, suit or proceeding pending at the time when
the repeal of any ordinance or part of any ordinance shall take effect
shall be affected by such repeal, but the same shall be continued
and prosecuted to a final determination, judgment or execution as
if such repeal had not taken place.