The Council shall consist of nine (9) members who shall have
and exercise all of the legislative powers of the City.
[Ord. No. 2944 § 2, 7-8-1974; Ord. No. 4895 § 1, 5-9-1988]
Effective with the election of April, 1975, each Councilman
shall be elected for a term of three (3) years, one (1) from each
ward by the registered voters thereof, and shall serve until his successor
has been duly elected and qualified, except as otherwise provided
herein.
At the first meeting following the certification of the regular
municipal election by the Board of Election Commissioners of St. Louis
County, the Council shall elect one (1) of its members to serve as
president and preside over meetings of the Council for a term of one
(1) year. At this same meeting the Council shall elect a vice-president
who shall preside over the meetings in the absence of the Council
president.
Each member of the Council shall be a registered voter of the City and shall have been a resident of the ward from which elected or the area constituting such ward for at least one (1) year immediately prior to his election unless a person's residency in the ward was changed as a result of redistricting under Section 1.4 of the City Charter and that person's residency has not changed for at least one (1) year prior to the election. A Councilman shall, during his term, hold no other office or employment in the City government, and shall occupy no other elective or appointive public office to which tenure is attached. If a Councilman shall cease to possess these qualifications, or cease to be a resident of the ward from which he was elected, or be convicted of malfeasance in office, bribery, or other corrupt practice, his office shall immediately become vacant.
[ Ord. No. 2944 § 3, 7-8-1974]
Each Councilman shall receive an annual salary set by ordinance,
payable monthly. Any change in compensation shall not become effective
during the term of office being served at the time the change is adopted.
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. The Council shall be the judge of the
election returns and the qualifications of its members.
A majority of the members of the Council shall constitute a
quorum, 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.
[Ord. No. 4737 § 1, 1-12-1987]
The Council shall meet regularly at such times as its rules
may prescribe, but not less frequently than once each month. All meetings
shall be open to the public.
Special meetings shall be held upon call by the Mayor, president
of the City Council or five (5) members of the Council in accordance
with such procedures as the Council may provide.
[1]
Editor's Note—Ord. No. 4737 was adopted January 12,
1987; vetoed by the mayor January 14, 1987; adopted notwithstanding
the mayor's veto carried on February 9, 1987; and approved at an election
held April 7, 1987.
[Ord. No. 2944 § 4, 7-8-1974; Ord. No. 3985 § 1, 7-27-1981]
Ordinances and resolutions shall be introduced by one (1) or
more members of the Council and shall be in written or printed form.
Every ordinance shall be by bill and the enacting clause shall be:
"Be It Ordained by the Council of the City of Florissant." No bill,
except those making appropriations and those codifying or revising
existing ordinances, shall relate to more than one (1) subject, which
shall be clearly expressed in its title. Ordinances making appropriations
shall be confined to the subject matter of the appropriation.
All bills and resolutions shall be called up for consideration
at least twice before final passage and shall be read in their entirety
or by title upon introduction. At least one (1) week shall elapse
between the introduction and final passage, except that bills and
resolutions may be passed on the day of their introduction by the
affirmative vote of all members of the Council who are present.
At the time of their introduction, a copy of every bill and
resolution shall be filed with the City Clerk and shall be made available
for public inspection. Prior to the passage of any bill or resolution,
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. A bill or resolution may be finally passed
with or without amendment, except that if an amendment constitutes
a change in substance, the bill or resolution as amended shall remain
on file for public inspection for one (1) additional week before final
action shall be taken thereon.
The affirmative vote of a majority of the members of the Council
shall be necessary to adopt any ordinance, resolution or motion. The
vote of each member shall be entered in the journal on the final passage
of every ordinance or resolution and shall be recorded on any question
at the request of any member. When passed by the Council, an ordinance
or resolution shall be signed by the president of the Council and
attested by the City Clerk.
All ordinances shall be presented to the Mayor immediately upon
their adoption by the Council. Within ten (10) days of passage, the
Mayor shall endorse same with his approval or disapproval. Failure
so to endorse any ordinance shall constitute approval thereof by the
Mayor. Ordinances disapproved by the Mayor may be reconsidered by
the Council within twenty-one (21) days after the first meeting following
the notification of veto. If upon such reconsideration, two-thirds
of the members of the Council vote in favor of the ordinance, the
ordinance shall be deemed enacted.
The Mayor may disapprove one (1) or more items provided for
in an appropriation ordinance. The items approved shall be deemed
enacted and the items disapproved may be reconsidered by the Council
as hereinabove provided.
Upon approval by the Mayor, an ordinance shall be deemed enacted
and shall become effective twenty-one (21) days after enactment, unless
otherwise specified therein. An ordinance adopted by the Council over
the Mayor's veto shall take effect twenty-one (21) days after adoption,
unless otherwise specified therein.
The Council shall have all powers vested in it by the constitution
and statutes of the State of Missouri and this Charter, including,
but not limited to, the following powers which shall be exercised
by ordinance:
(1)
Public Improvements. To make public improvements
and acquire by condemnation or otherwise, property within or without
the corporate limits necessary for such improvements.
(2)
Public Services. 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
purpose; to grant public utility franchises and permits and regulate
the exercise thereof.
(3)
Eminent Domain. 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 use within or without the
City.
(4)
Public Buildings and Facilities. 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 charitable, educational, curative, corrective, detentive
and penal institutions, 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 purposes;
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.
(5)
Acquisition and Disposition of Property. 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 purposes
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.
(6)
Taxation. 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 thereof by any appropriate
means; and to classify the subjects and objects of taxation.
(7)
Special Assessments. To make and collect special
assessments for public improvements, and to provide for enforcing
the prompt payment thereof by any appropriate means.
(8)
Expenditures. To expend the money of the City for
all lawful purposes; to provide for the issuance and signature of
checks and drafts drawn on the funds of the City, but same always
to be signed by at least two (2) persons duly designated by ordinance.
(9)
Investment of Funds. To invest funds of the City,
except as otherwise provided herein, in time deposit certificates,
obligations of the United States, the State of Missouri, or this City
and as otherwise provided by law.
(10)
Incurring Indebtedness. 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.
(11)
Issuance of Bonds and Notes. To issue, sell,
pledge, or in any manner dispose of negotiable or nonnegotiable, interest-bearing
or noninterest-bearing bonds or notes of the City, upon the credit
of the City, or solely upon the credit of specific property owned
by 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 (2) or more of
such credits.
(12)
Watercourses. To improve watercourses and regulate
the use thereof.
(13)
Grade Crossings. To abolish or prevent grade
crossings and to provide for safe crossings and compel any railroad
or other transportation company or companies affected thereby to pay
all or part of the cost thereof.
(14)
Streets, Walks, Parks, Subways, etc. To establish,
open, relocate, vacate, alter, widen, extend, grade, improve, repair,
construct, reconstruct, maintain, landscape, light, sprinkle and clean
public highways, streets, boulevards, roads, parkways, sidewalks,
alleys, parks, public grounds and squares, bridges, viaducts, subways,
tunnels and curbing; to regulate the use thereof and to establish
special benefit districts for the purpose of making such improvements.
(15)
Structures on Public Ways. 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.
(16)
Airports. To regulate and control the location
and operation of airports, airplane landing sites and buildings, structures
and other facilities used in connection therewith.
(17)
Purchase and Disposition of Property Under Execution
and Delinquent Taxes. 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.
(18)
Census. To provide for the enumeration of the
inhabitants of the City for any purpose whatsoever.
(19)
Curfew. To establish curfew regulations.
(20)
Pensions. To establish pensions for policemen
and firemen and such other City employees as may be authorized by
law.
(21)
Old-Age Insurance; Workmens' Compensation. To
authorize the expenditures of the City funds for the coverage of employees
of the City under old-age and survivors insurance and workmens' compensation.
(22)
Annexation; Consolidation. To extend or diminish
the limits of the City by ordinance without election thereon and as
otherwise provided by law and to consolidate with other cities, towns,
and villages in the manner provided by law.
(23)
Police, Fire Prevention, Safety, Health, etc., Regulations. To adopt police, fire prevention, safety, health, sanitary, and
other similar regulations and to provide for their enforcement.
(24)
Construction and Maintenance of Buildings. 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, prevent the
use thereof and require any alterations or changes necessary to make
them healthful, clean and safe.
(25)
Planning and Zoning. To regulate and restrict
the height, number of stories, and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards, courts,
and other open spaces, the density of population, the preservation
of features of historical significance, and the location and use of
buildings, structures and land for trade, industry, residence or other
purposes, and to establish standards governing the architectural design
and character of buildings within the City and to prescribe regulations
for the attainment of consistency and harmony in the planning and
development of the City.
(26)
Emission of Smoke and Other Matter. To control,
regulate or prohibit the emission or discharge of dense smoke, fumes,
noxious gas, fly ash, dust, or other particulate matter.
(27)
Sewage, Garbage and Refuse. To provide for
the collection and disposal of sewage, offal, ashes, garbage and refuse,
or to provide for licensing and regulating such collection and disposal.
(28)
Weights and Measures. 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.
(29)
Regulation of Business and Trades. To define
and prohibit, abate, suppress and prevent, or license and regulate
all arts, practices, 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, or welfare
of the inhabitants of the City, and all nuisances and causes thereof.
(30)
Licensing of Businesses, etc. To license, tax
and regulate all businesses, occupations, professions, vocations,
activities or things whatsoever set forth and enumerated by the laws
of Missouri now or hereafter applicable to constitutional charter
cities or cities of the first, second, third or fourth class, or any
population group, and which any such cities are now or may hereafter
be permitted by law to license, tax, and regulate.
(31)
Cooperation With Other Governmental Bodies. To contract and cooperate with other municipalities, counties, states,
special districts, the United States, or other governmental bodies,
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, or structures convenient or necessary for carrying
out any of the purposes or objects authorized by this Charter.
(32)
Redevelopment and Rehabilitation. To provide
for the clearance, replanning, reconstruction, redevelopment and rehabilitation
of blighted, substandard or unsanitary areas as authorized by law.
(33)
Adoption of Codes by Reference. To adopt by
reference with or without modification, codes, standards, or regulations
prepared by a national technical trade or service association, the
State of Missouri or any of its agencies, or the 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.
(34)
Fines, Forfeitures and Penalties. 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.
(35)
General Welfare. 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.
(36)
Powers Necessary To Exercise Charter Authority. 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.
Within two (2) years after the adoption of this Charter, all
ordinances of the City of a general and permanent nature shall be
revised and codified by subject matter under a system of progressive
numbering, which codification shall be produced in looseleaf form.
The codification shall be revised annually thereafter.
The City Clerk shall be appointed and may be removed by the
Mayor and shall receive such compensation as shall be fixed by ordinance.
He shall keep the journal of all proceedings of the Council, authenticate
by his signature all ordinances and resolutions and maintain same
as public records. He shall keep the corporate seal and attest to
all of the official acts of the City, administer oaths, and shall
perform such other duties as may be required by this Charter or by
ordinance.
