[Ord. No. 5 §1, 9-1-1995; Ord. No. 726 §2, 6-25-2001]
The Mayor shall be elected for a term of four (4) years. The Mayor shall be limited to two (2) consecutive terms, not including time served to complete an unexpired term. Such person cannot serve again as Mayor for four (4) years. The Mayor shall be the President of the City Council.
[Ord. No. 5 §2, 9-1-1995; Ord. No. 726 §2, 6-25-2001]
No person shall be Mayor unless he/she is a registered voter and a resident of the City, at least twenty-five (25) years old, and has been a resident of the City for at least two (2) years prior to election. When two (2) or more persons shall have an equal number of votes for the office of Mayor, the matter shall be determined by the City Council.
[Ord. No. 5 §3, 9-1-1995]
The Mayor shall be the Chief Executive Officer of the City and shall be recognized as the official head of the City by the Governor for all legal purposes. The Mayor shall preside at all meetings of the City Council and all ceremonial occasions. The Mayor shall execute on behalf of the City all contractual and legal documents approved by the City Council. The Mayor shall be the President of and preside over the City Council but shall not vote except in case of a tie in the Council, when he/she shall cast the deciding vote; but provided however, that he/she shall have no such power to vote in cases when he/she is an interested party. The Mayor shall have all such other powers and duties as set forth by State Statute or by enactment of the City Council.
[Ord. No. 5 §4, 9-1-1995; Ord. No. 2149 §1, 3-14-2016]
Before entering upon the duties of his/her office, the Mayor shall give a bond with sureties to be approved by the City Attorney conditioned upon the faithful performance of his/her duties in the sum of at least five thousand dollars ($5,000.00) or such higher sum as may be directed by the City Council or required by State Statute, however, coverage by a blanket bond shall satisfy this requirement. The Mayor shall take the oath of office presented by Statute and shall receive as compensation the sum of ten thousand dollars ($10,000.00) per year payable in twelve (12) equal monthly payments.
[Ord. No. 5 §5, 9-1-1995; Ord. No. 726 §2, 6-25-2001]
The office of Mayor shall become vacant upon the death or resignation of the Mayor or by his or her forfeiture or removal from office in any manner authorized by law. Any vacancy of the office of Mayor shall be filled by the Mayor Pro Tempore of the Council until such vacancy is filled. In case of the temporary absence of the Mayor or disability to perform duties of his/her office, the Mayor Pro Tempore of the Council shall perform the duties of Mayor until the Mayor shall return or such disability is removed. In case of the permanent absence of the Mayor, the Mayor Pro Tempore of the Council shall perform the duties of Mayor until the next general municipal election for which the full filing period remains. The election to fill the vacated office shall be for a full term. Upon the Mayor Pro Tempore assuming the office of Mayor, the Council seat thereby vacated by the Mayor Pro Tempore shall be filled in the manner provided by the Charter and this Code for a vacancy in the Council. During the time the Mayor Pro Tempore of the Council shall act as Mayor pursuant to this Section, he/she shall receive the same compensation that the Mayor would be entitled to.
[Ord. No. 5 §6, 9-1-1995]
Every bill presented to the Mayor and returned to the Council with the approval of the Mayor shall become an ordinance, and every bill presented as aforesaid but returned with his/her objections thereto, shall stand reconsidered. The Council shall cause the objections of the Mayor to be entered upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The votes on this question shall be taken by "yeas" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members elect shall vote in the affirmative, the presiding officers of the Council shall certify the fact on the roll, and the bill thus certified shall be deposited with the Clerk and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the City Council, and shall also possess the power to approve all or any portion of the general appropriation bill or to veto any item or all of the same provided that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Council the same shall become a law without his/her signature.
[Ord. No. 5 §7, 9-1-1995]
The Mayor shall also have the power to veto any resolution or order of the Council which calls for or contemplates the expenditure of the revenues of the City. Such vetoes shall be noted upon the journal of the Council and shall be effective and binding unless the Council, at a subsequent meeting thereof, general or special, shall pass said resolution or order by a vote of three-fourths (¾) of all the members elected to the Council.
[Ord. No. 6 §1, 9-1-1995; Ord. No. 726 §3, 6-25-2001]
The City Council shall consist of two (2) Council Members elected from each ward as established by the Charter. Each Council Member shall be elected for a term of two (2) years. Council Members shall be limited to four (4) consecutive terms, not including time served to complete an unexpired term. Such person cannot serve again as Council Member for two (2) years.
[Ord. No. 726 §3, 6-25-2001]
The Council shall be the legislative branch of the City Government and shall perform such duties and have such powers as may be delegated to it by State Statute and the Charter.
[Ord. No. 6 §2, 9-1-1995; Ord. No. 726 §3, 6-25-2001]
The City shall be divided into eight (8) wards as established by the Charter and two (2) Council Members shall be elected from each ward. Terms of Council Members shall be staggered. Each ward shall elect annually one (1) Council Member, who shall hold office for two (2) years.
[Ord. No. 6 §3, 9-1-1995; Ord. No. 726 §3, 6-25-2001]
No person shall be a Council Member unless he or she is registered voter and a resident of the City ward he or she represents. Each Council Member shall have been a resident of the ward he or she represents for at least one (1) year prior to election. Whenever there is a tie in the election of a Council Member, the matter shall be determined by the Council.
[Ord. No. 6 §4, 9-1-1995; Ord. No. 2150 §1, 3-14-2016]
Each Council Member of the City Council shall take the oath of office presented by Statute and shall receive as compensation payable on a monthly basis the sum of two hundred dollars ($200.00) for each regular City Council meeting attended.
[Ord. No. 6 §5, 9-1-1995; Ord. No. 726 §3, 6-25-2001; Ord. No. 2183 §1, 6-13-2016]
Annually at the first regular meeting of the Council following certification of the results of the general municipal election, the Council shall elect from its members a Mayor Pro Tempore who shall hold office for the term of one (1) year and who shall preside at Council meetings not attended by the Mayor. Whenever the Mayor files with the City Clerk a written statement that he or she shall be unable to fully discharge his or her powers and duties as Mayor due to absence, disability or otherwise, the Mayor Pro Tempore shall act as Mayor until the Mayor shall file a contrary statement. When the Mayor is absent and no such statement has been filed, the Council may by an affirmative roll-call vote of a least three-fourths (3/4) of the members of the City Council direct that the Mayor Pro Tempore shall act as Mayor until the earlier of the next meeting or the Mayor's filing with the City Clerk a statement of his or her ability to resume office. The Mayor Pro Tempore acting as Mayor by authority of this Section shall have no power of veto, nor power to break a tie vote, and shall retain the office and duties of Council Member. In the absence of the Mayor and the Mayor Pro Tempore at a meeting of the Council, the Council may elect one (1) of its members present to preside at such meeting, who shall be styled "Acting Mayor Pro Tempore."
[Ord. No. 6 §6, 9-1-1995; Ord. No. 314 §1, 2-24-1997; Ord. No. 726 §3, 6-25-2001]
Unless otherwise established by the Council, the City Council shall meet regularly on the second (2nd) and fourth (4th) Mondays of each month beginning at 7:30 P.M. and no further notice of such regular meetings shall be required provided that if such meeting date should fall on a legal holiday or if there is no quorum present, the Mayor may determine the date of a substitute meeting. The meeting place of the Council shall be at City Hall unless otherwise ordered by the Council. The Council may also hold additional regular meetings at such time and place as the Council may prescribe. In no event shall regular meetings of the Council be held outside the City limits, nor be scheduled prior to 7:00 P.M. local time, except for work sessions at which no legislative action shall be taken. Notice of regular meetings shall be posted at the City Hall.
[Ord. No. 6 §7, 9-1-1995; Ord. No. 726 §3, 6-25-2001]
Special meetings of the Council may be called by the Mayor, or at the request of at least one-fourth (¼) of the members of the City Council, for a time not earlier than twenty-four (24) hours after written notice is given to the Mayor and all members of the Council then in the City, except for emergencies and in accordance with the provisions of the State Sunshine Act as may be amended from time to time.
[Ord. No. 6 §8, 9-1-1995]
All meetings of the City Council, Planning Commission, Board of Zoning Adjustment, and all other boards, commissions, committees and agencies of the City of Wildwood, and any committee or subcommittee thereof, shall be deemed to be public meetings, open to the public, except when meeting for ministerial or social purposes or as otherwise provided by law.
[Ord. No. 6 §9, 9-1-1995]
A closed executive session may be convened on affirmative public vote of a majority of the members present at a meeting of the Council. Closed meetings may be called for any reason permitted by the State Sunshine Act, Section 610.021, RSMo., as may be amended, upon compliance with any mandatory procedures. The Mayor or any four (4) members of the Council may cause the City Clerk to publish appropriate notice of the intent to convene an executive session of any regular or special meeting. Attendance in an executive session shall be limited to such persons as the Council may require for advice and information.
[Ord. No. 6 §10, 9-1-1995]
Nine (9) members of the Council shall constitute a quorum to do business, but no action thereof shall be valid unless at least five (5) members shall vote in favor of such action.
[Ord. No. 6 §11, 9-1-1995]
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 in the expeditious transaction of its business.
[Ord. No. 6 §12, 9-1-1995]
The style of the ordinances of the City of Wildwood shall be as follows: "Be it ordained by the Council of the City of Wildwood as follows:" No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Council shall vote therefor, and the "ayes" and "nays" shall be entered on the journal. Every proposed ordinance shall be introduced to the Council in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Council. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Council. 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.
[Ord. No. 6 §13, 9-1-1995]
The business of all regular meetings of the Council shall be transacted in the following order, unless the Council by a majority vote of members present votes to suspend the rules and change the order.
[Ord. No. 6 §14, 9-1-1995]
The following rules of procedure shall govern the conduct of all meetings of the City Council, although these rules, other than those prescribed by Statute, may be suspended at any time by the consent of a majority of the Council present at any meeting.
The Presiding Officer shall decide all questions of order.
Any Councilmember may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the member making the appeal may briefly state his/her reason for the same, and the Presiding Officer may briefly explain his/her ruling; but there shall be no debate on the appeal, and no other member shall participate in the discussion. The Presiding Officer then shall put the question, "Shall the decision of the chair be sustained?" If a majority of the Councilmembers present vote "aye", the ruling of the chair is sustained; otherwise, it is overruled. For purposes of this Section, the chair may not vote on the question. A tie vote sustains the chair.
Councilmembers and other officers shall occupy their respective seats in the Council Chamber assigned to them by the Mayor.
A member of Council discussing a question shall address the Mayor and no member of Council has the floor until recognized by the Mayor.
When recognized by the chair, a Councilmember shall confine himself/herself to the question under debate, avoid personalities and refrain from impugning the motives of any other member's argument, or vote. No member shall address the chair or demand the floor while any vote is being taken.
Any Councilmember shall have the right to express dissent from or protest against any ordinance or resolution of Council and have the reason therefore entered upon the minutes. Such dissent or protest must be filed in writing, couched in respectful language, and presented to Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to.
All motions and amendments shall be reduced to writing at the request of the Mayor or any Councilman and shall be handed to the City Clerk, who shall read the same to the City Council. When a motion is made and seconded, it shall be stated by the chair before debate. A motion may not be withdrawn by the mover without the consent of the member seconding it and the approval of Council.
The Presiding Officer may at any time, by a majority vote of the Council, permit a Councilmember to introduce an ordinance, resolution or motion out of the regular order.
After the decision on any question, any Councilmember who voted with the majority may move a reconsideration of any action at the same or the next succeeding meeting, provided however, that a resolution authorizing or relating to any contract may be reconsidered at any time before final execution thereof. A motion to reconsider requires a simple majority for passage. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent.
Any ordinance that shall have had its first (1st) reading (and not then read a second (2nd) time) when presented in the Council, shall, if not at the same meeting, be taken up by the Council at its next session and shall be read the second (2nd) time, and thereupon shall be open for debate and amendment. On the close of debate the Presiding Officer shall entertain a motion to vote on the ordinance for final passage.
No vote or action of the City Council shall be rescinded at any special meeting unless there be present at such meeting as many members of the Council as were present when such vote or action was taken.
Any person in attendance at an executive session is honor bound not to violate the confidentiality of the discussion taking place during the session, except as to any portions thereof which may clearly transgress the Sunshine Act.
The Mayor shall set the agenda for each regular meeting and each special meeting, and shall make the same known to the Council and to the press as far in advance of such meeting as may be practicable, preferably two (2) days in advance of such meeting. The published agenda may be altered or suspended by vote of the Council present and voting.
[Ord. No. 2437, 1-14-2019]
The general public shall be afforded an opportunity to address the Council during the portion of the order of business set aside for public participation. Any person desiring to address the Council shall first, before the announced conclusion of public comments, fill out a public participation speaker card containing the name and residence address of the speaker and the topic of his or her comments and submit it to the City Clerk. When called by the City Clerk, the person wishing to speak shall approach the designated microphone and identify themselves, stating the ward of the City within which they live or work, or, if neither is applicable, their City of residence. Each speaker shall be allowed five (5) minutes to speak. The Mayor will be responsible for enforcing time limits.
If a member of the public asks a direct question of a member of the Council or the Mayor, time will be set aside on the agenda immediately after the conclusion of all public comments for the Mayor or any member of the Council to respond to such a question with brief response as facilitated by the Mayor as chair of the meeting.
[Ord. No. 6 §15, 9-1-1995]
The rules contained in the current edition of "Robert's Rules of Order Newly Revised" shall be the parliamentary authority and shall govern the conduct of all meetings of the Council in all cases where they are not inconsistent with Statute or with the Rules of Procedure herein or hereafter adopted.
[Ord. No. 6 §16, 9-1-1995; Ord. No. 1607 §1, 3-23-2009]
It shall be unlawful for any person to disturb any meeting of the City Council or of any committee thereof. Violation of the provisions of this Section shall be a misdemeanor, punishable by a fine and imprisonment as set out in Section 100.140 of this Code.
[Ord. No. 6 §17, 9-1-1995; Ord. No. 726 §3, 6-25-2001]
The office of Council Member shall become vacant upon the death or resignation of the Council Member or by his or her forfeiture of or removal from office by any manner authorized by law. A vacancy in the City Council shall be filled at the next general municipal election for which the full filing period remains. Until the person elected to serve the remainder of the unexpired term takes office, the Mayor or person acting as Mayor with advice and consent of a majority of the members of the City Council shall appoint a qualified person to fill the office until the next general municipal election at which the vacancy is filled.
[Ord. No. 6 §18, 9-1-1995; Ord. No. 188 §1, 12-26-1995; Ord. No. 333 §1, 4-28-1997; Ord. No. 526 §1, 4-26-1999; Ord. No. 2184 §1, 5-23-2016; Ord. No. 2202 §1,8-22-2016]
Membership — Appointment. Each of the three (3) Council standing committees shall elect a chairperson from amongst its members; shall consist of no less than eight (8) members of City Council and shall meet no less than once per month. The Mayor and Council Members not on the Administration and Public Works Committee will be considered ex officio, non-voting members of the committee and are welcome to attend and comment. The Mayor and Council Members not on the Planning and Parks Committee will be considered ex officio, non-voting members of the committee and are welcome to attend and comment. The Mayor and Council Members not on the Economic Development Committee will be considered ex officio, non-voting members of the committee and are welcome to attend and comment.
Functions. The functions of the various committees shall include, but shall not be limited to:
Making recommendations to the Council or to the City Administrator, or both, concerning any of the matters within its purview, when requested and also at other times when it appears that the best interest of the City and its residents will be served thereby;
Formulating, with the assistance of the staff, long-range plans and evaluation and revision if necessary of such plans as adopted; and
Reviewing and recommending legislation concerning any of the matters within its purview.
[Ord. No. 6 §19, 9-1-1995]
Any deviation or defect in compliance with any procedure for the enactment of ordinances or of any other Council procedure or rule shall not affect the validity or enforceability of any enactment finally approved unless necessarily invalidated under the laws of Missouri.