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City of Chillicothe, MO
Livingston County
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Table of Contents
Table of Contents
Section 1. The municipal government of the city shall consist of a city council, composed of a mayor and one councilman from each ward, and one councilman from the city at large, who, in the absence of the mayor, shall for the time being discharge the duties of that office.
Section 2. The chief executive officer of the city shall be a mayor who shall be elected by the qualified voters of the city and shall hold his office for one year and until his successor shall be elected and qualified.
Section 3. No person shall be eligible to the office of mayor who is not a citizen of the United States, of the State of Missouri, and has not resided in the city one year next preceding his election, who is not an owner of real estate in said city, or who holds any office of trust or profit either under the United States or State of Missouri.
Section 4. If any mayor shall, during his term of office, remove from the city, his office shall be vacated.
Section 5. When two or more persons receive an equal number of votes for mayor, the judges of election shall certify the same to the council, who shall order a new election.
Section 6. Whenever an election is contested, the council shall determine the same by vote.
Section 7 .In case the mayor shall at any time be guilty of an omission of duty, or shall be guilty of an oppression, misconduct or partiality in the discharge of the duty of his office he shall be tried before the city council, and if found guilty, be removed from office by a two-thirds vote of the members of said city council.
Section 8. Whenever any vacancy shall occur in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the same shall be filled by an election, held in such manner as shall be described by ordinance.
Section 9. The qualifications for councilmen shall be the same as those prescribed for mayor.
Section 10. If any councilman shall after his election remove from the ward for which he was elected, his office shall thereby be vacated.
Section 11. The city council shall judge the qualifications, elections, and returns of their own members and shall determine all contested elections.
Section 12. A majority of the city council shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members under such penalties as shall be prescribed by ordinance.
Section 13. The city council shall have power to determine the rules of its proceedings, punish its members for disorderly conduct, and with the concurrence of two-thirds of the members elected, expel a member.
Section 14. The city council shall keep a journal of its proceedings; and the yeas and nays, when demanded by any member present, shall be entered on the journal.
Section 15. No councilman shall be appointed to any office under the authority of the city.
[Amended by Ord. No. 2001-98 enacted November 26, 2001 and approved in the election of February 5, 2002]
Section 16. All vacancies that occur in the board of councilmen shall be filled by appointment of the mayor with consent of a majority of the city council.
Section 17. The mayor and each councilman before entering on the duties of their office shall take and subscribe the oath required of all civil officers by the constitution and laws of this state.
Section 18. Whenever there is a tie in the vote for councilman, the judges of election shall certify the same to the mayor, who shall order a new election immediately.
Section 19. There shall be twelve stated meetings of the city council in each year at times and places as may be prescribed by ordinance.
[Acts 1874, p. 298, Sec. 2]
Section 20. There shall be a city marshal, who shall be appointed by the mayor and city council, who shall hold his office one year, and until his successor shall be duly appointed and qualified, unless sooner removed by a majority vote of the city council, which may be done at any time in the discretion of the council.
[Acts 1874, p. 298, Sec. 1; Amended by voters, Ord. No. 98-56, 4-27-1998]
Section 21. There shall be an election held for the purpose of electing a mayor, a councilman from each ward and a councilman-at-large; which said election shall be governed in all respects, as far as practicable, by the general election law of this state; and the city council may establish by ordinance as many election districts and places of voting at said election as they may deem necessary; they shall appoint the judges and clerks of the election; they shall give at least fourteen days' notice of any election, by publication in some newspaper published in said city.
[1]
Revisor's Note─Section 81.070, RSMo., now requires elections every 2 years.
Section 22. All officers, elected or appointed under the provisions of this charter, shall hold their offices until their successors shall be duly elected or appointed and qualified according to law.
[Amended by Ord. No. 2001-98 enacted November 26, 2001 and approved in the election of February 5, 2002]
Section 23. Whenever any vacancy shall happen by death, removal, resignation or otherwise of any officer elected by the people, such vacancy shall be filled by the appointment of the mayor with consent of a majority of the city council.
Section 24. No person shall be eligible to any office or place under this or any other act in relation to said city, who is now, or may hereafter be a defaulter to said city, or to the State of Missouri, or to any city or county thereof, and any person shall be considered a defaulter who has refused or neglected or may hereafter refuse or neglect, for thirty days after demand made, to account for and to pay over to the party authorized to receive the same any public money which may have come into his possession, and if any person holding any such office or place shall become a defaulter whilst in office, the office or place shall thereupon become vacant.
Section 25. The manner of conducting and voting at elections to be held under this act, the keeping of poll lists, canvassing of the votes and certifying the returns, shall be the same, as nearly as may be, as is now or may be hereafter provided by law at general state elections, provided the city council shall have power to regulate elections.
[Acts 1873, p. 229, Sec. 2]
Section 26. No person shall be entitled to vote at any election under this act who is not entitled to vote at state elections; he shall, moreover, have been an actual resident of the city for sixty days, and of the ward for which he votes, thirty days. Provided that the voter shall be deemed a resident of the ward in which he has lodged for thirty days next preceding the election at which he votes.
[1]
Revisor's Note─Sections 115.137.1, RSMo.; 115.133, RSMo.; 115.135, RSMo., overrides durational requirements on residency.
[Ord. No. 94-109, 11-14-1994]
Electors of the City shall have the right of recall of the holder of any elective office in the City. That said election shall be the same, as nearly as may be, as is now or may be hereafter provided by law at general state elections, provided the city council shall have power to regulate elections.