Section 1. The mayor shall preside at all meetings of the city council and shall have a casting vote, and no other. In case of a vacancy in the office of mayor, or his being unable to perform the duties of his office, by reason of temporary or continued absence, or sickness, the councilman-at-large shall be vested with all the powers and perform all the duties of mayor until the mayor shall resume his office, or the vacancy be filled by a new election.
Section 2. The members of the city council shall be fire wardens and conservators of the peace, and shall be exempt from jury duty during their terms of office.
Section 3. The mayor or any two councilmen may call special meetings of the city council.
[Amended by Ord. No. 2001-98 enacted November 26, 2001 and approved in the election of February 5, 2002]
Section 4. The mayor shall take care that the laws of the state and the ordinances of the city are duly enforced, respected and observed within the city, he may upon good cause shown and by and with the consent of the city council, remit fines, forfeitures and penalties, accruing from or imposed for a violation of any city ordinance; he shall have power to nominate and by and with the consent of the city council, to appoint all city officers, not ordered by this act to be elected by the people, or otherwise appointed; also to suspend and by and with the consent of the city council to remove any city officer except those elected by the people; he may fill any vacancy which may occur in any elective office with the consent of a majority of the city council; he shall from time to time give the city council information relative to the state of the city, and shall recommend to their consideration such measures as he shall deem expedient for the advantage of the city.
Section 5. The mayor shall sign the appointment or commission of every officer, elected or appointed, in the city government.
Section 6. That he (the mayor) shall have power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other papers, and make report in writing, touching any subject or matter he may require pertaining to his office.
Section 7. There shall be a city clerk, city attorney, city engineer, city auditor, and city treasurer, who shall be appointed by the mayor and city council to hold their offices for one year, and until their successors are duly appointed and qualified; who shall in addition to the duties as may be prescribed by this act, perform such other duties as may be prescribed by ordinance; there shall also be such other officers, servants, and other agents of the corporation as may be provided for by ordinance, not in conflict with the provisions of this act, to be appointed by the mayor, by and with the consent of the city council.
Revisor's Note─Section 81.070, RSMo., now provides for election of a constable, an attorney, a treasurer who is also ex-officio collector, an auditor and a clerk.
Section 8. It shall be the duty of the city clerk to attend all the meetings of the city council, to keep a true record of its proceedings, also to keep a record of all the official acts of the mayor, and when necessary to attest them; he shall keep and preserve in his office the corporate seal of the city, and all records, public papers and documents of the city, not properly belonging to any other office, he shall be authorized to administer oaths, copies of all papers filed in his office and transcripts from the records of all proceedings of the city council, duly certified by him, under the corporate seal, shall be taken as evidence in all courts in this state.
[Acts 1873, p. 229, Sec. 4]
That hereafter the city recorder shall be, by virtue of his office, city clerk, and shall have and possess all the powers granted by the city charter and the ordinances made in pursuance thereof to the city clerk, and shall be liable to all the duties and obligations thereby imposed.
Section 9. The city recorder shall have the powers and jurisdiction of a justice of the peace within the limits of the city, in all matters; he shall have exclusive jurisdiction over all cases arising under any ordinance of the city, subject, however, to an appeal in all cases to the Livingston County Circuit Court or court of common pleas; every such appeal shall be taken and granted in the same manner as appeals from justice of the peace in civil cases. Said recorder shall not be removed except by two-thirds majority of the city council; his fees shall be fixed by ordinance, and taxed as other costs in the cause.
Section 10. The city attorney shall prosecute all violations of city ordinances and in appellate courts to all appeals in cases originating before the city recorder; he shall appear for the city in all courts of record within this state in any case where the City of Chillicothe is either party, plaintiff or defendant, or a party in interest; he shall in all cases be the legal adviser of the city, and when requested by an officer of the city or city council, shall furnish a written opinion upon any legal question upon which he or they may require information in regard to the duties of his or their office.
Section 11. The fees of the city attorney in all cases prosecuted before the city recorder shall be fixed by ordinance, and taxed as other costs in said cause by the city recorder; for all other legal services rendered the city or its officers, a salary or reasonable fees shall be allowed by the city council.
Section 12. The city marshal of the City of Chillicothe when duly elected and qualified, shall have power to execute all writs or other processes issued by the recorder, and serve criminal processes, warrants and subpoenas anywhere within the limits of Livingston County for offenses committed within the limits of the corporation, and shall have the same fees therefore as constables of townships; he shall be a conservator of the peace, shall be vigilant and active in the suppression of riots, routs and disorderly conduct in the city, and for this purpose may arrest suspicious and disorderly persons within or without the city, and take them before the recorder for trial or examination without process; he shall have power to commit persons to the work house or county jail, or other places of safe keeping until trial or examination can be had, and shall do and perform all duties which may be enjoined on him by ordinance or resolution of the city council; he shall have power to collect all fines, forfeitures and penalties which may accrue to the said city, not otherwise provided for by ordinance, and in the performance of any duty enjoined on him by ordinance or resolution of the city council, he shall be invested with such power as shall be conferred upon township constables by the laws of this state; he shall by virtue of his office be collector of the taxes and revenue within the city, and shall give such bond or bonds and security for the performance of his duties as marshal and collector as may be prescribed by ordinance, and shall make his returns and pay over to the treasurer all money collected by him, as often as required by the city council.
[Acts 1873, p. 229, Sec. 5]
That hereafter the city marshal shall, by virtue of his office, be street commissioner, and shall have and possess all the powers granted by the city charter and the ordinances made in pursuance thereof to the street commissioner, and shall be liable to all the duties and obligations thereby imposed.
Section 13. The city engineer shall superintend the construction of all public works ordered by the city council, shall make out plans, specifications and estimates therefore, and perform surveying and engineering ordered by the city council.
Section 14. The city auditor shall be the general accounting officer for the city, he shall audit all accounts and claims against the city under appropriations made by the city council, and draw his warrants upon the treasurer for the amount of such accounts; he shall keep true and just accounts with the city treasurer, and the different funds of said city; he shall extend all tax rolls, endorse thereon his warranty to the treasurer, directing collection for the same; he shall have in the delinquent tax lists of said city and shall certify to the treasurer the amount due for such delinquent taxes on any lot or lots upon application of the owner thereof to pay the same; he shall take care that the revenue laws of the city are carefully enforced, and shall discharge all such other duties as may be developed upon him by the ordinances of the city or the provisions of this act, and shall make all reports, estimates and statements required of him by the city council in connection with the business of his office.
Section 15. The city treasurer shall pay all warrants legally drawn upon him by the city auditor; he shall keep all necessary books and accounts, and shall have in charge monies, bonds, notes, title deeds and certificates of stock in any corporation, to the stock of which the city shall be a subscriber, and shall faithfully discharge all other duties appertaining to his office that may be developed upon him by the ordinances of said city or the provisions of this act, and shall make all reports required of him in connection with the business of his office.
[Acts 1873, p. 229, Sec. 6]
That hereafter the city treasurer shall, by virtue of his office, be collector of the taxes and revenue within the city, shall have and possess all the powers granted by this charter and ordinances made in pursuance thereof, for the regulation and control of the collector of the taxes and revenue, and shall be liable to all the duties and obligations thereby imposed.
Section 16. All officers except the mayor of said City of Chillicothe, elected or appointed under provision of this act, shall be commissioned by the mayor, and before entering upon the discharge of their duties, shall take and subscribe the oath required by the thirteenth section of the second article of the constitution of this state, which said oath shall be endorsed on said officer's commission.
[Amended by Ord. No. 2001-98 enacted November 26, 2001, and approved in the election of February 5, 2002]
Section 17. In case of vacancy in any elective office by death, resignation, removal from office, or otherwise, the mayor shall appoint a person to fill the incomplete term of a vacancy which occurs in an elected office with the consent of the majority of the city council.