[CC 1979 §2-26; Ord. No. 76-767 §2, 7-12-1976]
As used in this Article, the following terms shall have the
indicated meanings:
ORDINANCE
All formal enactments which prescribe general, uniform or permanent rules of conduct or operation relating to the corporate affairs of the City. The vote needed to adopt an ordinance shall be four (4) affirmative votes, such votes to be comprised of four (4) members of the Board of Aldermen or three (3) members of the Board and the vote of the Mayor breaking a tie as is provided in Section
110.150 of this Article.
RESOLUTION
A motion submitted to the Board of Aldermen which is informal
in nature and of special or temporary significance. The vote needed
to adopt a resolution shall be a majority of the members present at
any legal meeting.
All open meetings of the Board of Aldermen shall be conducted
in accordance with Robert's Rules of Order with the only exception
being those matters set forth in this Article in conflict therewith.
Procedural matters not expressly dealt with in this Article or in
Robert's Rules of Order shall be determined by the majority vote of
the members of the Board of Aldermen present at any open meeting.
Closed meetings of the Board of Aldermen conducted pursuant to the
provisions of Chapter 610, RSMo., shall be governed by such rules
as the Board of Aldermen shall determine appropriate from time to
time.
[CC 1979 §2-28; Ord. No. 76-767 §4, 7-12-1976]
A quorum at any meeting of the Board of Aldermen shall consist
of a majority of the members elected to the Board of Aldermen. If
a quorum is not present at a properly called meeting of the Board
of Aldermen, the meeting shall be adjourned for lack of a quorum by
those present.
[CC 1979 §2-30; Ord. No. 63-146 §1, 10-7-1963; Ord. No. 67-280 §§1 — 4, 2-6-1967; Ord. No. 76-767 §6, 7-12-1976; Ord. No. 77-847, 4-4-1977; Ord. No.
77-861 §2, 5-2-1977; Ord. No. 82-032 §1, 1-18-1982; Ord. No. 86-237 §1, 11-17-1986; Ord. No. 04-1469 §1, 1-19-2004; Ord. No. 04-1556 §1, 11-15-2004; Ord. No. 06-1687 §1, 7-3-2006; Ord. No. 07-1786 §1, 7-2-2007]
A. All
regular meetings of the Board of Aldermen of the City shall be conducted
according to the following order, subject to deviation upon motion
duly adopted by the Board for that meeting:
1. Call to order, pledge of allegiance to the flag and invocation.
2. Roll call and statement of quorum.
3. Approval of the minutes of the prior regular meeting and any special
meetings.
4. Establishment of the order of items on agenda.
5. Consideration of petitions and comments from the public. Any interested
party may, upon being recognized by the chair, discuss any matter
pertinent to any City business during this portion of the meeting.
7. Reports of City Administrator.
10. Introduction of new bills.
11. Miscellaneous business, including comments from the public.
12. Executive session(s), if approved by appropriate roll call vote of
the Board.
B. The discussion referred to in Paragraphs (5) and (11) of Subsection
(A) of this Section shall be limited to a period of three (3) minutes per person, unless otherwise extended by a vote of a majority of the members of the Board of Aldermen at such meeting.
C. The
agenda for any regular meeting of the Board of Aldermen is to be prepared
by the City Administrator according to the format set out above and
shall consist of only:
1. Those matters of which the City Administrator has been notified by
at least 12:00 Noon on the Monday immediately prior to the Monday
on which the regular meeting is to be held or, in the event said Monday
prior to a meeting is a holiday, then the City Administrator has been
notified by at least 12:00 Noon on the Friday prior to such holiday;
and
2. Those matters the City Administrator believes to be in a state suitable
for consideration and deliberation by the Board of Aldermen and deemed
necessary for the effective and efficient conduct of business of the
City; and
3. Even in the event the foregoing conditions have not been satisfied,
the Mayor or any Alderman may place a matter or matters on the agenda
of the regular meeting at any time with the consent of the majority
of the members of the Board of Aldermen present at such meeting.
[CC 1979 §2-31; Ord. No. 76-767 §§13 — 14, 7-12-1976]
A. The
agenda for special meetings shall be restricted to such business as
appears in the call of the meeting and to such business only.
B. The
agenda for special meetings shall only consist of the following:
1. Call to order and pledge of allegiance to the flag.
3. Consideration of special item or items requiring special meeting.
[Ord. No. 05-1629 §1, 11-21-2005; Ord. No. 06-1682 §1, 6-19-2006]
A. The
style of the ordinances of the City shall be: "Be it ordained by the
Board of Aldermen of the City of Manchester, State of Missouri, 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, and no
bill shall be read two (2) times at any one (1) meeting except in
case of an emergency. In case of such emergency, a bill may be read
two (2) times at any one (1) meeting, but only with the consent of
the majority of the members of the Board of Aldermen present at such
meeting. Such consent shall establish the emergency. 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 is provided by law.
B. Before
the final passage, an amended paragraph of a bill must be read actually
as it shall read after final passage, including the amendment incorporated
since the bill's introduction. Any Alderman or Aldermen introducing
a bill may make an amendment to that bill at any time, either verbally
or in writing, without the approval of the Board; amendments made
by an Alderman who did not introduce the bill may be made verbally
or in writing, but such amendment must receive the same approval required
to pass an ordinance; otherwise, such amendment shall fail to be incorporated
into the bill at the time such bill shall be voted upon for passage.
Any amendment by any Alderman to a bill after its second reading,
however, must be in writing, except with the unanimous approval of
the other Aldermen present.
C. Only
an introducer of a bill may move for its second (2nd) reading, but
any Alderman may call for a vote of passage after a bill has been
read the second (2nd) time. Any bill which has no action taken on
it at four (4) successive regular meetings of the Board shall be automatically
removed from the agenda and may be placed on the agenda at its former
procedural position only with the consent of at least three-fourths
(¾) of the members of the Board of Aldermen present at such
meeting.
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.
[CC 1979 §2-35; Ord. No. 76-767 §10, 7-12-1976; Ord. No. 81-005 §1, 6-1-1981; Ord. No. 88-331 §1, 5-16-1988; Ord. No. 11-1998 §1, 2-7-2011]
When voting on a resolution, motion or bill, a member of the
Board of Aldermen may vote for the matter, against the matter or abstain
from voting. An abstention shall be counted as neither a vote for
the proposition nor against the proposition but shall be recorded
merely as an abstention. If an abstention is premised upon a member's
conflict of interest, it shall be the duty of that member so voting
to inform the Board of the existence of such a conflict. If an abstention
is premised upon a member's uncertainty or indecision, the reason(s)
for such uncertainty or indecision shall be specifically made known
to the Board.
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.
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.