Article I Mayor and Board of Aldermen — Generally
Article II Board of Aldermen Meetings
No person shall be an Alderman unless he/she be at least twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.
State Law Reference — When aldermen may be elected at large, §79.060, RSMo.
[CC 1997 §2-32; Ord. No. 1123 §1(e), 5-7-1996]
At the first (1st) meeting after the certification of election results, the newly elected Aldermen shall be sworn into office.
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
The Board shall elect one (1) of their own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the Mayor's return.
The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect and to alter, modify or repeal the same.
The Mayor shall have a seat in and preside over the Board of Aldermen but shall not vote on any question except in case of a tie, nor shall he/she preside or vote in cases when he/she is an interested party. He/she shall exercise a general supervision over all the officers and affairs of the City and shall take care that the ordinances of the City, and the State laws relating to such City, are complied with.
[CC 1997 §2-38]
At the first (1st) regular meeting of the Board of Aldermen after election in each year, or as soon after election as possible, the Mayor may appoint the following standing committees, subject to the approval of the Board of Aldermen:
[CC 1997 §2-39]
It shall be the duty of the committee on streets, alleys and sidewalks to take into consideration all matters referred to them by the Board of Aldermen, touching the streets, alleys and sidewalks of the City; to examine the same, and to report to the Board of Aldermen monthly at least, and more often if deemed necessary, their actual condition, and whatever changes, repairs, alterations or improvements they may deem proper to recommend.
[CC 1997 §2-40]
It shall be the duty of each standing committee to report to the Board of Aldermen concerning any matter referring to them for consideration, at the next regular meeting after the same is referred, unless otherwise ordered.
The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of Branson West, 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 Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen 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 Board of Aldermen. 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 Board of Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor, or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto as herein provided.
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large 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 vote on this question shall be taken by "ayes" 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 City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer 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 Board of Aldermen; 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 Board of Aldermen, the same shall become a law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City and shall approve all official bonds unless otherwise prescribed by ordinance.
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws.
The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.
[CC 1997 §2-34; Ord. No. 1050 §2-34, 12-3-1994; Ord. No. 1114 §1, 3-12-1996; Ord. No. 1221 §2-34, 11-24-1998]
The Board of Aldermen shall meet in regular session in the Council Room of the City Hall on the second (2nd) Tuesday of each month at a time to be specified on the agenda for the meeting as posted.
The place for each regular meeting may be changed to another location upon majority vote of the Board of Aldermen and with notice of location being given to the public.
Any regular meeting may be adjourned whenever deemed necessary, and any resumption of an adjourned meeting shall be, for all intents and purposes, a continuation of a regular meeting.
Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
[CC 1997 §2-36]
It shall be the duty of each member of the Board of Aldermen to be present at each meeting of said Board, and a majority of all the members elected shall constitute a quorum to do business.
[CC 1997 §2-42]
Every motion, except to adjourn, postpone or commit, shall be reduced to writing and read by the Clerk if the Chair or any member of the Board of Aldermen require it, and may be withdrawn before any decision, amendment or disposition thereof has been made or a vote has been taken thereon.
A motion to adjourn and a motion to fix the date to which the Board shall adjourn shall always be in order and decided without debate.
[CC 1997 §2-43]
When a question is put by the Chair, each member of the Board of Aldermen present shall vote, unless he/she is personally interested in the question being voted upon.
At the direction of the Chair, or upon the request of any member of the Board of Aldermen, the "ayes" and "nays" shall be called.
No question shall be stated unless moved by two (2) members of the Board of Aldermen, nor be open for debate, until stated by the Chair.
When a question is under debate, no motion shall be received except to adjourn, to lay on the table the previous question, to postpone, to refer or to amend, which several motions shall have precedence in the order here arranged.
The previous question shall be admitted on the motion of two (2) members of the Board of Aldermen and shall be put in these words "Shall the main question be now put?"
When a question shall been taken, it shall be in order for any member of the Board of Aldermen voting in the affirmative to move for a reconsideration thereof at the same, or the next succeeding meeting, but no question shall be reconsidered a second (2nd) time.
[CC 1997 §2-45; Ord. No. 1223 §2-45, 12-8-1998]
The final vote on any bill shall be taken by "ayes" and "nays", and said bill, before it passes, shall receive the vote of a majority of all the members elected to the Board of Aldermen.
The vote of any official entitled to vote who publicly declares prior to the vote that said official is abstaining from voting on a particular matter shall be counted as an abstention only, and shall not be counted as an "aye" or "nay" vote for the purposes of deciding whether a measure has passed or failed.
[CC 1997 §2-47; Ord. No. 1061 §2-47, 3-7-1995; Ord. No. 1142 §§1 — 2, 9-24-1996; Ord. No. 1240 §2-47, 10-9-2001]
"Members of the public", as used herein, means other persons other than Mayor, Aldermen, City Clerk, City Administrator, City Attorney, other City Officials or persons indicated by the Mayor or City Administrator to address the Board of Aldermen pertaining to an agenda item.
Members or the public wishing to address the Board of Aldermen during public meetings shall submit a written request to the City Clerk no later than seven (7) days prior to the scheduled time for commencement of the public meeting and shall include in the written request the following:
Members of the public having complied with the requirements of Subsection (B) may be permitted to address the Board of Aldermen for a period of time not to exceed five (5) minutes. The time for addressing the Board of Aldermen shall be after agenda items set forth in the notice of public meeting. No more than three (3) members of the public shall be allowed to speak on the same side of any issue.
On issues deemed of sufficient public interest or complexity by the Board, the Board may request the individual or organization requesting public presentation to provide it with a written brief or summary of the topic prior to the meeting at which the topic will be presented, in order to allow the Board to familiarize itself with the issues involved and better prepare for discussion. On topics deemed by the Board to be of particular importance or more general public concern, the Board may make arrangements for a special meeting, town hall meeting, or similar forum and arrange for the comments to be included therein.
A member of the Board of Aldermen may or may not respond to comments or questions of the public. Aldermen and members of the public should communicate to the Mayor or Presiding Officer, and not to other members of the Council or to members of the audience.
After the public presentation terminates, the Chair will then turn the attention to the Board agenda at which time the Aldermen as a deliberative body will begin the very important business of making decisions on City matters as prescribed in this Code; then no noise or interruptions from the audience will be permitted unless public comments are specifically requested by the Mayor or Presiding Officer.
During a Council meeting, an Alderman who desires to communicate with a member of the audience may do so during a recess.
Members of the public may make comment to or address the Board of Aldermen at the request of the Mayor or Presiding Officer at any time during a public meeting.