[Ord. No. 2706-95, 12-13-1995 passed in election of 4-2-1996]
The Council shall consist of nine (9) members to be known as
Councilmen, each of whom shall be elected for a term of three (3)
years and shall serve until his successor shall be elected and qualified,
except as otherwise provided herein. One (1) of the nine (9) Councilmen
shall be elected at large and shall be the Mayor; the eight (8) other
Councilmen shall be elected, one (1) from each Ward by the registered
voters thereof.
Of the first Council elected, the Councilmen from the uneven
numbered Wards shall serve only until the next regular municipal election
in April, 1971; the Councilmen from the even numbered Wards shall
serve until the regular municipal election in April, 1972, while the
Councilman-at-large (Mayor) shall serve until the regular municipal
election in April, 1973. Thereafter, all the Councilmen, the Mayor
included, shall be elected for a term of three (3) years, except as
otherwise provided.
[Ord. No. 4454-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election
of 4-5-2016]
The Mayor shall be elected at large by the qualified voters
of the City and shall have the same qualifications as are required
for Councilmen. He shall preside at all meetings of the 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. He shall have
the same right to vote as any other member of the Council, but he
shall have no veto power. The Mayor shall appoint all committees of
the Council and shall nominate all appointees to all City appointed
boards, commissions, committees, and all advisory bodies, study or
administrative bodies, subject to approval or rejection of such nominees
by the Council under such procedures as the Council may adopt. In
exercising the power of appointment the Mayor shall endeavor to see
to it that members of appointed bodies represent all areas and constituencies
of the City and that all wards have a reasonable opportunity for participation
and/or that participation is rotated among the wards, depending on
the number of members of a given appointed body. The Council shall
elect from among the Councilmen a Mayor Pro-Tempore, who shall act
as Mayor in 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. 1157-76, 1-27-1976 passed in election of 4-6-1976; Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
Each member of the Council shall be at least twenty-one (21)
years of age, a registered voter of the City and a resident of the
City of Hazelwood or of the territory annexed to the City for at least
two (2) years immediately prior to election. A Ward Councilmember
shall be a resident of the Ward which is represented at the time of
election and while serving in such office.
A Councilmember shall hold no other elective public office while
serving as Councilmember and shall not be an employee or officer of
the City government; nor be appointed City Manager during the term
of office or within one (1) year after the expiration of such term.
If a Councilmember shall cease to possess these qualifications or
shall be convicted of a felony, malfeasance in office, bribery, or
other corrupt practice, misdemeanor or crime involving moral turpitude,
he or she shall forthwith forfeit office and the office shall immediately
become vacant. The Council shall by ordinance provide a process for
impeachment and removal of elected officials.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
Any vacancy on the Council shall be filled by a majority of
the remaining members within thirty (30) days after such vacancy,
for a period running to the next regularly scheduled municipal election,
at which time a successor shall be elected to fill the unexpired term.
Nothing shall prohibit the Council from selecting one (1) of its own
members to fill a vacancy occurring in the office of Mayor.
[Ord. No. 2141-89, 2-1-1989 passed in election of 4-4-1989; Ord. No. 4454-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election of 4-5-2016]
The compensation of the Mayor and other members of the Council shall be determined as provided in Article V of this Charter.
The 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. It shall be the judge of the election
returns and qualifications of its members. A majority of the entire
Council 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.
Except as otherwise provided herein, the affirmative vote of
a majority of the entire Council shall be necessary to adopt any Ordinance
or resolution. The vote of each member of the Council on the final
passage of every Ordinance and Resolution shall be recorded in the
journal. The vote of each member on any question shall, at the request
of any member, be entered in the journal.
[Ord. No. 2430-92, 11-18-1992 passed in election of 4-6-1993; Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
The Council shall meet regularly, at such times as its rules
may prescribe, but not less than twice each month, except when the
Council deems it necessary to cancel a meeting. All meetings not closed
pursuant to law shall be open to the public.
[Ord. No. 2430-92, 11-18-1992 passed in election of 4-6-1993; Ord. No. 2706-95, 12-13-1995 passed in election of 4-2-1996; Ord. No. 4457-16 §1, 1-20-2016 passed in election
of 4-5-2016]
In the transaction of legislative business, whenever the Council
shall act by Ordinance, the following procedure shall be followed:
Every Ordinance shall be by Bill which shall be in written or printed
form and the enacting clause shall be: "BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF HAZELWOOD, MISSOURI." No Bill, except those making
appropriations and those codifying or rearranging 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 have two (2) readings before final passage,
which readings may be by title only. Copies of all Bills shall be
available prior to second reading. Upon the request of three (3) members
of the City Council that a Bill be read in its entirety, the Bill
shall, upon its second reading, be read in its entirety. Except in
the case of emergency Bills, not more than one (1) reading shall be
at the same legislative meeting, and at least one (1) week shall lapse
between the introduction and final passage of any Bill.
Any Ordinance may be passed as an emergency measure on the day
the Bill is introduced, provided it contains the statement that an
emergency exists and specifies distinctly the facts and reasons constituting
an emergency. No Ordinance granting, enlarging or affecting any franchise
shall be passed as an emergency measure. Emergency Ordinances shall
be restricted to Bills concerning the immediate preservation of public
peace, property, health, safety, welfare or morals; appropriations
for current expenses, payments on principal or interest on a public
debt and Bills providing for issuance of bonds pursuant to an election.
The affirmative vote of at least six (6) members of the Council shall
be required to pass an emergency Ordinance.
Every Bill introduced shall be filed with the City Clerk on
the day of its first reading and shall remain on file in his office
for public inspection until it is finally adopted or fails to pass.
Prior to the final passage of any Bill, other than an emergency Bill,
all persons interested therein shall be given the opportunity to be
heard before the Council, in accordance with such rules and regulations
as the Council may adopt. After the second reading of any Bill and
after compliance with the other provisions herein, the Council may
finally pass the Bill with or without amendments; except that if the
Council shall make an amendment which constitutes a change in substance,
the Bill so amended shall be filed in the office of the City Clerk
for one (1) additional week and an opportunity afforded interested
persons to be heard as hereinabove provided, after which final action
may be taken.
An Ordinance, when passed by the Council, shall be signed by the Mayor and attested by the City Clerk and be immediately filed and preserved in his office; and except as otherwise provided in the Charter, shall be subject to a referendum as provided in Article X of this Charter. Unless otherwise specified, every Ordinance shall become effective immediately upon final passage.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016[1]]
All Ordinances of the City of a general and permanent nature
shall be revised, digested, codified and promulgated and a system
of continuous numbering and revision shall be established and maintained
in accordance with provisions to be prescribed by Ordinances. Any
such codification Ordinance may be read by title only.
[1]
Editor’s Note: Ord. No. 4457-16 also changed the title
of this Section from “Revision of ordinances” to “Codification
of ordinances.
Neither the 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 his 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 or as otherwise provided in this Charter, the Council
and its members shall deal with the administrative officers and employees
solely through the City Manager, and neither the Council nor any member
thereof shall give orders to the subordinates of the City Manager,
either publicly or privately. Any member of the Council violating
the provisions of this Section shall forfeit his office. Whether a
violation has occurred shall be determined by the members of the Council,
and their decision shall be final.
[Ord. No. 1703-84, 2-1-1984 passed in election of 4-3-1984; Ord. No. 2444-93, 1-20-1993 passed in election of 4-6-1993]
Without limitation, the powers conferred upon the City in Article I, Section 3, or by any other provision hereof, the Council shall have power by Ordinance, but shall not be restricted to the following:
1.
To assess, levy and collect taxes for all general and specific purposes
on all subjects or objects of taxation; to provide for enforcing the
prompt payment and for penalties for delinquency thereof by any appropriate
means; and to classify the subjects and objects of taxation.
2.
To make and collect special assessments on public or private property
for public improvements, and to provide for enforcing the prompt payment
and for penalties for delinquency thereof by any appropriate means.
3.
To make public improvements and acquire by condemnation or otherwise,
property or any interest therein, within or without the corporate
limits necessary for such improvements.
4.
To adopt police, fire prevention, safety, health, sanitary, and other
similar regulations and to provide for their enforcement.
5.
To expend the money of the City for all lawful purposes and to invest
funds of the City in time deposit certificates, obligations of the
United States and State of Missouri or this City.
6.
To incur indebtedness for any purpose necessary to the exercise of
any power granted by this Charter or by the Constitution and laws
of the State of Missouri, by borrowing money or otherwise and to give
any appropriate security including negotiable bonds of the City in
evidence thereof.
7.
To exercise the power of eminent domain, including the power of excess
condemnation as authorized by the Constitution or by law, and to condemn
property, real or personal, or any easement or use therein for public
purposes within or without the City.
[Ord. No. 4455-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election
of 4-5-2016]
8.
To issue, sell, pledge, or in any manner dispose of negotiable or
non-negotiable, interest bearing or non-interest bearing bonds or
notes of the City, upon the credit of 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 solely upon the
credit of the proceeds of special assessments for local improvements,
or upon any two or more of such credits.
9.
To acquire, 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, hospitals, parks, playgrounds, golf courses,
swimming pools, and other recreational 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; to acquire, receive and hold any
estate or interest in any such property; and to sell, lease, mortgage,
pledge or otherwise dispose of the same or the products thereof.
10.
To 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; to perform all acts necessary
to carry out the purpose 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.
11.
To improve watercourses and regulate the use thereof.
12.
To extend or diminish the limits of the City by Ordinance and
to consolidate with other cities, town and villages in the manner
provided by law.
13.
To provide for the collection and disposal of sewage, offal,
ashes, garbage and refuse, and to provide for licensing and regulating
such collection and disposal.
14.
To provide for the licensing and inspection of weights and measures;
and to provide for the inspection, testing, measuring and weighing
of any article offered for sale within the City for consumption or
use.
15.
To 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,
to prevent or limit the use there and require any alterations or changes
necessary to make them healthful, clean and safe; and to provide procedures
and methods to tear down or destroy unsafe or unhealthful places,
buildings or structures.
16.
To abolish or prevent grade crossings, and to provide for safe
crossings and compel any railroad or other transportation company
of companies affected thereby to pay all or part of the cost thereof.
17.
To establish, open, relocate, vacate, alter, widen, extend,
grade, improve, repair, construct, reconstruct, maintain, landscape,
light, sprinkle and clean public highways, streets, boulevards, roads,
bridges and viaducts, parkways, sidewalks, alleys, public grounds
and squares, parks, alleys, subways, tunnels and curbing; to regulate
the use thereof and to establish special benefit districts for the
purpose of making such improvements.
18.
To do all things whatsoever necessary or expedient for promoting
and maintaining the comfort, education, morals, safety, peace, government,
health, welfare, trade, commerce, or industry of the City and its
inhabitants.
19.
To furnish all public services; to purchase, hire, lease, construct,
own, maintain, and operate public utilities; to dispose of the services
and products thereof; to acquire, by condemnation or otherwise, within
or without the corporate limits, property or any estate or interest
therein, necessary for any such purposes; to grant public utility
franchises and permits and regulate the exercise thereof.
20.
To define and prohibit, abate, suppress and prevent, or license
and regulate all arts, practice, conduct business, occupations, callings,
trades, uses of property and all other things whatsoever detrimental
or liable to be detrimental to the health, morals, comfort, safety,
convenience or welfare of the inhabitants of the City, and all nuisances
and causes thereof.
21.
To contract and cooperate with other municipalities, counties,
states, special districts, the United States, or other governmental
bodies, political subdivisions, public or private corporations and
not for profit corporations, singly or jointly, or in districts or
associations, for promoting or carrying out any of the powers and
functions of the City, or for the acquisition, construction, or operation
of any property, equipment, works, plants, facilities or structures
convenient or necessary for carrying out any of the purposes or objects
authorized by this Charter.
[Ord. No. 4455-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election
of 4-5-2016]
22.
To provide for the purchase by the City of property levied upon
under execution or process in favor of the City and of property sold
for delinquent taxes and assessments, and to sell and convey the same.
23.
To provide for the enumeration of the inhabitants of the City
for any purpose whatsoever.
24.
To provide for the clearance, replanning, reconstruction, redevelopment
and rehabilitation of blighted, substandard or unsanitary areas as
authorized by law.
25.
To control, regulate or prohibit the emission or discharge of
dense smoke, fumes, noxious gas, fly ash, dust, or other particulate
matter.
26.
To direct, regulate and control the location and construction
of all poles, wires, conduits, subways, pipe mains, or other structures
or erections of all kinds in or under or over public streets, alleys,
highways or places in the City.
27.
To establish, maintain and regulate zones throughout the City,
and to limit the use of property and the height, bulk, and character
of the buildings and structures to be erected or altered therein;
to regulate building lines, percentage of lot occupancy and the area
of courts, lots, and other spaces therein, and to alter and change
such zones from time to time as may be expedient.
28.
To provide a comprehensive plan for the physical development
of the City and for the survey and study of the present condition
and future growth thereof.
29.
To regulate and control the location and operation of airports,
airplane landing sites and buildings, structures and other facilities
used in connection therewith.
30.
To establish curfew regulations.
31.
To establish pension and retirement benefits for the Council,
Police Officers, Fire Fighters and all other City employees.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
32.
To authorize the expenditures of City funds for the coverage
of employees and officers of the City under Old Age and Survivors
Insurance and Workers Compensation and all other insurance.
33.
To license, tax and regulate all businesses, occupations, professions,
vocations, activities or things whatsoever set forth or enumerated
by the laws of Missouri now or hereafter applicable to constitutional
charter cities or cities, towns, villages, municipal corporations
or political subdivisions of the State, or which any city, town, village,
municipal corporation or political subdivision is now or may hereafter
be permitted by law to license, tax and regulate. Such power to license,
tax and regulate shall include but shall not be limited to the following:
[Ord. No. 4455-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election
of 4-5-2016]
a.
All occupations for fee, salary, wage, retainer, stipend, or
commission, whether a profession, art, craft, trade, skill or service.
b.
All wholesale, retail, or any type of business, repairing, buying,
selling, servicing, warehouse storing or processing food, clothing,
furniture, drugs, medicines, cosmetics, furnishings, motor vehicles,
household goods, health clubs, hardware, textiles, plastic materials,
metal, paper, wood or rubber products, ice, fuel, gasoline, oil, tobacco
in any form, beverages of every kind, jewelry, books, magazines, musical
instruments, radios, television sets, electrical, gas and oil appliances,
construction materials, produce, livestock, poultry, dairy products,
plants, shrubs, coal, rental agency, real estate, feed and grain,
boats, catering, salesmen, peddlers, solicitors, or any other property.
c.
All private and common carriers engaged in the transportation
of passengers or freight by air, bus, truck, train, automobile, or
by any other means.
d.
All manufacturing establishments making or processing, ceramics,
chemicals, metals, textiles, rubber, plastics, fibers, paper, wood,
grains, rock, minerals, stone, nuclear products, airplanes or airplane
products of all kinds, natural gas, petroleum or petroleum products,
coal, ice, coke, cement, clay, oils, fats, waxes, glues, surface coatings,
paints, detergents, hair, hides, material of animal or marine origin,
explosives, building products of all kinds, motor vehicles, medical
and surgical supplies, coin-operated devices, or any other goods or
products.
e.
All cleaning and pressing establishments, tailors, barbershops
or beauty shops, abstractors, accountants, banks, finance, loan or
trust companies, itinerant vendors, junk dealers, laundries, car washing
establishments, locksmiths, machine shops, public utility companies,
radio and television companies, surveyors, taxicab operators, undertakers,
upholsterers, bondsmen, brokers and agents of whatever class or character
including but not limited to insurance, investment, bonding, grain,
real estate and loan brokers.
f.
All businesses for amusement or entertainment, all devices,
structures, fields and properties for amusement, entertainment, contests
or exhibitions including but not limited to pool and billiard halls
and parlors, bowling alleys, vending machines of all types, pinball
machines, jukeboxes, shooting galleries, swimming pools, golf courses
and driving ranges, all coin-operated devices, dance halls, carnivals,
and theaters.
g.
Private schools of every kind operated for profit, nursing homes,
hotels, motels, tourist camps, trailer courts, boarding houses and
lodging houses, apartments and rentals thereof, kennels and stables.
h.
Contractors and subcontractors for the construction, alteration
or performance of any facility, structure, machine, plant or service,
including but not limited to carpentry, plumbing, cement work, brick
work, electrical work, flooring, excavating and grading, painting
and interior decorating, plastering, tuckpointing, ventilation, glazing,
stone work, tile work, roofing, tin work, heating and all other improvements
on real property; and those engaged in the sale of products in connection
therewith.
i.
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.
j.
A separate license tax may be imposed for each place of business
conducted or maintained by the same person, firm or corporation.
34.
To enforce 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 other court of competent jurisdiction,
or by any one or more of such means, and to impose costs and provide
for probation and parole in proper cases and to have subpoena powers
relative to all matters arising under the Charter or Ordinances of
the City.
35.
To enact, adopt and enforce all Ordinances, rules and regulations;
and to do all things and exercise all governmental and municipal authority
necessary, needful and convenient for the complete exercise of all
powers enumerated in this Charter.
36.
To adopt by reference, with or without modification, codes,
standards or regulations prepared by a technical trade or service
association, State of Missouri or any of its agencies, United States
or any of its agencies relating to building, plumbing, electrical
installations, fire prevention, food products and all other subjects
which the City has power to regulate, provided that a copy of every
such code, standard or regulation so adopted and in effect shall be
kept in the City Clerk's office and open to public inspection.
37.
To regulate, license and tax the business of cable television
and the provision of video and data transmission and delivery by wire.
[Ord. No. 4455-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election
of 4-5-2016]
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
The Council shall appoint a City Clerk who shall hold office
at the pleasure of the Council and receive such compensation as fixed
by the Council or by contract. The City Clerk shall keep the journal
of the proceedings of the Council, authenticate by his signature all
Ordinances and Resolutions and maintain the same as public records.
He shall keep the corporate seal of the City and attest to all official
acts of the City, administer oaths and perform all such other duties
as may be required by this Charter or Ordinance.
