City of St. Charles, MO Chapter 110 City Council [1]

[1] Cross Reference: As to City Clerk, Charter § 3.9; as to City Council Wards, Charter § 3.4; as to compensation and expenses, Charter § 3.5; as to corrupt allowance of claims, § 115.100; as to eligibility, Charter § 3.2; as to independent audit, Charter § 3.14; as to investigations, Charter § 3.13; as to judge of qualifications, Charter § 3.12; as to legislative proceedings, Charter § 3.10; as to prohibitions, Charter § 3.7; as to revision of ordinances, Charter § 3.11; as to taxes levied for the operation of public parks, Charter § 3.15; as to vacancies — forfeiture of office — filling of vacancies, Charter § 3.8; as to where powers vested, Charter § 3.1.

Article I General Provisions

Section 110.010 Composition. [1]

[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.

[1] Cross Reference: As to composition, election and terms, Charter § 3.3.

Section 110.020 Qualifications And Terms. [1]

[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.

[1] Cross Reference: As to penalty, § 100.150.

Section 110.030 President, Vice President And Temporary Vice President. [1]

[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.

[1] Cross Reference: As to President of the City Council, Charter § 3.6.

Section 110.040 Meetings.

[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.

Section 110.050 Keep Journal — Enforce Rules.

[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.

Section 110.060 Power To Compel Attendance Of Witnesses And Production Of Papers.

[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.

Section 110.070 Votes Required To Adopt An Ordinance, Resolution Or Motion.

[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.

Article II Ordinances and Resolutions

Section 110.080 Style Of Enactment. [1]

[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:"

[1] Cross Reference: As to ordinances repealed, § 110.110; as to ordinances unaffected, § 110.110; as to repeal or modification of ordinance, § 110.110.

Section 110.090 Procedure For Passage.

[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.

Section 110.100 Approval Or Veto By Mayor — Reconsideration Upon Veto.

[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.

Section 110.110 Repeal Or Modification Of Ordinance.

[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.