Charter Reference — City council, art. II.
[Code 1962 §2-10; CC 1979 § 2-14]
No person shall be eligible to the office of Councilman who
is not a voter of the City.
[CC 1979 §2-15; Ord. No. 860 §II, 1-22-1974; Ord. No. 1225 §1, 6-19-1984]
The form of petition for nomination of candidates for City Council
shall be the following:
PETITION FOR NOMINATION OF
CANDIDATE FOR CITY COUNCIL
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We, the undersigned legal voters of the City of Neosho, Missouri,
respectfully petition and request the name of ______________, residing
at ______________, be placed on the ballot as a candidate for the
office of City Council, for a term of __________ year(s), to be voted
for at the election to be held on the __________ day of ______________,
20___; and we individually signify that our names appear on the roll
of registered voters within the last year and that we are qualified
to vote for this candidate:
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Name
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Street and Number
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Date
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Statement of Circulator
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The undersigned is the circulator of the foregoing paper containing
_____ signatures (at least 35). Each signature appended thereto was
made in my presence and is the genuine signature of the person whose
name it purports to be. I am a registered voter qualified to vote
for this candidate, and I believe each signer is a registered voter
qualified to vote for this candidate.
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(Signature of Circulator)
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(Address of Circulator)
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I, the undersigned, hereby certify that the within petition
for nomination of candidate for City Council has been circulated with
my knowledge and consent. If nominated and elected, I agree to qualify
and serve.
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[CC 1979 §2-16, Ord. No. 949 §§1, 2, 2-1-1977]
A. In
the event of a disaster which renders unavailable all of the City
Council, a new City Council shall be selected as hereinafter set out
in order that Government of the City may continue uninterrupted until
a new Council is selected according to law.
B. The
City Clerk shall keep at her office a list of all former Council members
who have served in the preceding five (5) years, and in the event
of a disaster which renders all of the Council unavailable the City
Clerk shall swear in as new members of the City Council, persons available
for service who so indicate that they will serve, those persons having
served last on the City Council being selected first.
[Code 1962 §2-11; CC 1979 §2-17]
Regular meetings of the City Council shall be held at least
once each month.
[Code 1962 §2-12; CC 1979 §2-12; Ord. No. 121-2020, 12-1-2020]
Special meetings may be called by the Mayor at his/her own instance
or upon written application of three (3) members of the Council. Notice
of such meeting shall be given in conformance with Section 610.020,
RSMo., provided that no business other than that specified in such
written notice shall be transacted at such special meeting.
[Ord. No. 74-2020, 3-21-2020]
A. Policy
Statement. While it is legally permissible for members of the City's
public governmental bodies to attend meetings and vote via videoconference
transmission, a member's use of videoconference attendance should
occur only sparingly. Because it is good public policy for citizens
to have the opportunity to meet with their elected officials face-to-face,
elected members of a public governmental body should endeavor to be
physically present at all meetings unless attendance is unavoidable
after exercising due diligence to arrange for physical presence at
the meeting. The primary purpose of attendance by videoconference
connection should be to accommodate the public governmental body as
a whole to allow meetings to occur when circumstances would otherwise
prevent the physical attendance of a quorum of the body's members.
A secondary purpose of attendance by videoconference should be to
ensure that all members may participate in business of the public
governmental body that is emergency or highly important in nature
and arose quickly so as to make attendance at a regular meeting practically
impossible. Except in emergency situations, all efforts should be
expended to ensure that a quorum of the members of the public governmental
body be physically present at the normal meeting place of the body.
B. Videoconference
Defined. For purposes of this section " videoconference" or "videoconferencing"
shall refer to a means of communication where at least one member
of a public governmental body participates in the public meeting via
an electronic connection made up of three components: (1) a live video
transmission of the member of the public governmental body not in
physical attendance; or (2) a live audio transmission allowing the
member of the public governmental body not in physical attendance
to be heard by those in physical attendance; or (3) a live audio transmission
allowing the member of the public governmental body not in physical
attendance to hear those in physical attendance at a meeting. If at
any time during a meeting one or more of the elements of a videoconference
becomes compromised(e.g., if any participants are unable to see, hear,
or fully communicate), then the videoconference participant is deemed
immediately absent, and this absence should be reflected in the minutes.
A videoconference participant's absence may compromise a quorum in
which case the applicable Missouri laws shall take effect regarding
a broken quorum.
C. Frequency Of Use Of Videoconference Attendance. A member of a public governmental body shall not attend more than two (2) meetings via videoconference in a rolling twelve-month period, unless specifically waived and additional appearances be allowed by a majority of the City Council. In keeping with the policy stated in Subsection
(A) above, attendance via videoconference should only occur sparingly and for good cause. Such good cause shall be at the discretion of the member seeking to attend by videoconference, but shall be for significant reasons, including, but not limited to, serious illness or injury of the member or a member of his or her immediate family, including father or mother, spouse, sibling, child, or grandchild and declared national or State of Missouri declaration of a state of emergency.
D. Physical
Location. Members of the public may not participate in a public meeting
of a governmental body via videoconference. The public wishing to
attend a meeting, and elected officials not participating via videoconferencing
of a meeting, shall participate at the physical location where meetings
of the public governmental body are typically held, or as provided
in a notice provided in accordance with the Sunshine Law.
E. Public
Access. If the governmental body chooses to have a meeting by telephone
or other electronic means and there exists no physical location of
the meeting, the public governmental body shall include, in its meeting
notice, information on how the public may access that meeting via
telephone or other electronic means.
F. Quorum.
Members of the governmental body must be at the physical location
for the meeting or appearing by videoconference to be counted towards
the quorum. Any member appearing solely by voice or conference call
is not counted as present for quorum.
G. Participation.
The public governmental body shall cause there to be provided at the
physical location communication equipment consisting of an audio and
visual display, and a camera and microphone so that the member(s)
of the public governmental body participating via videoconferencing,
the members of the public governmental body in physical attendance,
and the public in physical attendance may actively participate in
the meeting in accordance with rules of meeting decorum. The communication
equipment at the physical location of the meeting must allow for all
meeting attendees to see, hear, and fully communicate with the videoconferencing
participant. This requirement shall be subject to social interaction
limitations or restrictions as duly enacted by the Neosho City Council,
State of Missouri or United States of America.
H. Voting. Elected members of a public governmental body attending a public meeting of that governmental body via videoconference are deemed present for purposes of participating in a roll call vote to the same effect elected members of a public governmental body in physical attendance at a public meeting of that governmental body are deemed present. As indicated in Subsection
(B) above, if any component of the videoconference communication fails during the meeting, the member attending the meeting by videoconference whose connection failed shall be deemed absent immediately upon such failure, and if the public governmental body was in the act of voting, the voting shall stop until all of the components of videoconference attendance are again restored and the videoconference participant's presence is again noted in the minutes.
I. Closed
Meetings. In a meeting where a member of a public governmental body
is participating via videoconferencing and the meeting goes into a
closed session, all provisions of Missouri law and City ordinances
relating to closed sessions apply. Upon the public governmental body's
vote to close the meeting, all members of the general public shall
not be present. Likewise, a member of a public governmental body participating
via videoconferencing must ensure there are no members of the public
present at their location to see, hear, or otherwise communicate during
the closed session. The member must also take all reasonable precautions
to guard against interception of communication by others. Failure
to ensure the requirements of this subsection may result in corrective
action by the full public governmental body in accordance with the
City of Neosho ordinances and regulations.
J. Minutes.
In the meeting, whether in open or in closed session, the minutes
taken should reflect the member, if any, participating via videoconference;
the members in physical attendance; and members, if any, absent.
K. Emergency
Meetings. In the event that emergency circumstances create impossibility
for the members of a public governmental body to physically attend,
the body as a whole may meet and, if necessary, vote pursuant to Section
610.015, RSMo., by telephone, facsimile, internet or any other voice
or electronic means. Examples of such emergency circumstances include,
but are not limited to, declaration of national emergency, war, riot,
terrorism, widespread fire, or natural disaster such as earthquake,
tornado, hurricane, flood, or blizzard. To the extent possible in
such circumstances, the public governmental body shall use reasonable
efforts to cause a physical location to be provided for public attendance
and participation.
[Code 1962 §2-14; CC 1979 § 2-20]
Should a vacancy occur in the office of Councilmen by death,
resignation or otherwise, the remaining members shall fill the vacancy
by resolution passed by a majority vote. The appointee shall hold
office until the next regular City election at which time a member
shall be elected to fill the unexpired term, if any.
[Code 1962 §2-15; CC 1979 § 2-21; Ord. No. 123-2020, 12-1-2020]
A. The
four (4) precincts into which the City has been divided shall be known
as voting districts, as determined by the Clerk of Newton County,
and the number and boundaries thereof shall be as shown and indicated
upon an official map thereof on file in the office of the City Clerk.
B. The
Council wards shall include the following voting districts or precincts:
1. Council Ward No. 1: Voting precinct Neosho 4.
2. Council Ward No. 2: Voting precinct Neosho 2.
3. Council Ward No. 3: Voting precinct Neosho 3.
4. Council Ward No. 4: Voting precincts Neosho 1 and West Neosho.
C. Any
Council member who holds office as a ward Council member shall continue
to qualify as a resident and registered voter of the ward for which
he/she was elected until the end of his/her unexpired term if he/she
continues to reside in and be a qualified and registered voter in
the ward as it existed on the date of his/her election to the unexpired
term. Therefore, insofar as the Council wards set forth in this Section
change the boundaries of the wards of any incumbent ward Council member,
such change shall not be effective until the term of such ward Council
member shall have expired.
[Code 1962 §2-16; CC 1979 § 2-22; Ord. No. 124-2020, 12-1-2020]
Four (4) members of the Council shall constitute a quorum to
do business; but no action thereof shall be valid unless at least
four (4) members shall vote in favor of such action. Upon every vote
the "ayes" and "nays" shall be called and recorded and every motion,
resolution and ordinance shall be reduced to writing before the vote
is taken thereon. Every resolution and ordinance passed by the Council
must be signed by the Mayor or in his/her absence by the Mayor Pro
Tem, or by three (3) members of the Council before the same shall
be effective.
[Code 1962 §2-19; CC 1979 § 2-23]
No member of the City Council shall be permitted to vote for
or against any ordinance appropriating money, or for the allowance
of any account or claim, or for the award or approval of any contract
in which such member is directly or indirectly interested.
[Ord. No. 435-2010 §1, 7-20-2010]
A.
Definitions. For
the purposes of this Section the following definitions shall apply:
BUSINESS
Any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, self-employed individual, consultant, holding
company, joint stock company, receivership, trust or any legal entity
organized for profit.
BUSINESS WITH WHICH THE OFFICIAL IS ASSOCIATED
1.
Any business in which the official, or a member of the official's
immediate family is a director, officer, shareholder of ten percent
(10%) or more of the aggregate number of shares issued, or owner of
ten percent (10%) or more of the total beneficial ownership interest.
2.
Any business with which the official has a contractual relationship,
except contracts involving obligations of five hundred dollars ($500.00)
or less, commercially reasonable loans made in the ordinary course
of business, or contracts for commercial retail sales.
OFFICIAL
Every individual elected or appointed to the City Council.
IMMEDIATE FAMILY
The husband, wife, son, daughter, father, mother, brother,
sister, father-in-law, mother-in-law or any other relative or significant
other living in the official's household.
INTEREST
Any direct or indirect monetary or material benefit accruing
to a City Official as a result of contracts or transactions which
are or may be the subject of an official act or action by or with
the City, except contracts or transactions which confer similar benefits
to all other persons and/or property similarly situated.
B. Prohibited Conduct.
1. Improper use of public property. No City Official,
except when acting on the behalf of the City, shall use or possess
any property unless such use is available to the public generally.
2. Conflict of interest. No City Official shall engage
in any act which is in conflict with the performance of official duties.
No official or immediate family member shall:
a. Receive, acquire or possess any financial interest in the sale of
any service or property to the City when the financial interest was
acquired with prior knowledge that the City intended to purchase such
property or obtain such service;
b. Solicit or receive any gift, loan, favor, entertainment or other
thing of monetary value if the gift, loan, favor, entertainment or
other thing of monetary value was solicited, received or given with
the intent to give or obtain special consideration or influence as
to any job-related action by the official. Provided, this Section
shall not apply to:
(1)
Attendance at a hosted meal provided in conjunction with a meeting,
seminar, conference, etc., which relates directly to City business,
or which is attended as a staff representative,
(2)
An award publicly presented in recognition of public service,
or
(3)
Any gift which would have been offered or given to the official
regardless of City position.
c. Influence the City's selection of, or its conduct of business with
which the official is associated as an officer, director, official,
agent or stockholder or has an ongoing contractual relationship;
d. Engage in, accept private employment or render services for a private
interest when such employment or service is incompatible with the
proper discharge of the official's duties, or tends to impair his
or her independence of judgment or action in the performance of official
duties;
e. Appear on behalf of any other private person or business, except
as a witness under subpoena, before any regulatory governmental agency
or court of law in an action or proceeding directly adverse to the
City or in which the City or a City Officer in an official capacity
is a party. This Section shall not apply to any proceeding in which
the official has a personal interest which is disclosed to the City
at a regular or special meeting of the City Council on the record;
f. Disclose or use any information gained by reason of position for
the immediate or anticipated benefit of the official, or any other
person; or advance a private interest with respect to any contract
or transaction which is or may be the subject of official action of
the City. Provided, nothing shall prohibit the disclosure or use of
information which is a matter of public knowledge, or which is available
to the public on request;
g. Have a financial or personal interest in any legislation pending
before the City Council and participate, discuss or give an official
opinion to the City Council, or any committee of the Council, unless
the nature and extent of such interest is disclosed, on the record,
to the Council;
h. Hold, directly or indirectly, for the purpose of personal financial
gain, investment or speculation, any interest in real property situated
within the City, if such official performs any function requiring
the exercise of discretion on behalf of the City in regard to the
regulation of land use or development pertaining to that property,
unless the nature and extent of such interest is disclosed, on the
record, to the Council;
i. Represent that opinions stated by a Council member are those of the
Council unless the Council has voted and passed an ordinance, resolution
or motion that so states the expressed policy or opinion;
j. Deliberate in a matter when such matter is determined to be a conflict
of interest. To avoid the appearance of impropriety, after an official
is determined to have a conflict of interest or a potential conflict
of interest in any matter, and once all questions relating to the
conflict of interest have been answered, the official shall immediately
leave the meeting room, except that if the matter is being considered
at a public meeting, the official may remain in the area of the room
occupied by the general public. If an official who has a conflict
of interest in a matter is present as a member of a body which is
to consider the matter, the public servant shall leave his or her
regular seat as a member of the body, and not return to it until deliberation
and action on the matter is completed;
k. Divulge to any unauthorized person confidential information acquired
in the course of holding his or her position in advance of the time
prescribed by the Governing Body, administrators, or other applicable
law for its release to the public.
3. Former Officials. No former official shall, during
the period of one (1) year after leaving City office:
a. Disclose, divulge or use any information gained by reason of his
or her City employment for his or her gain or anticipated gain, or
for the gain or anticipated gain of any person, unless the information
is a matter of public knowledge or is available to the public on request;
b. Assist any person in proceedings involving any department of the
City with which the former official was officially involved while
a City Official; or
c. Represent any person as an advocate in any matter in which the former
official was officially involved while a City Official.
4. Political activities. No official or his or her
immediate family shall solicit funds on City property.
C. Ethics Board.
1. Ethics Board created.
a. There is created an Ethics Board for the purpose of insuring the
proper implementation of the conduct of ethics, determining violations
of this Code and recommending appropriate penalties. The Board shall
operate as a Board only during the review of a specific complaint.
b. The Board shall be composed of three (3) citizen members at large
who are appointed by the Mayor and confirmed by a majority vote of
the City Council.
c. The initial Board shall be appointed for the following term: one
(1) Board member shall be appointed for a three (3) year term, one
(1) Board member for a two (2) year term and one (1) Board member
for a one (1) year term. Thereafter, Board members shall be appointed
for two (2) year terms.
d. Removal. Board members may be removed from office
by the City Council for cause. Absence from three (3) consecutive
meetings of the Board shall be deemed a resignation of the absent
Board member and said Board position shall be deemed vacant by the
Board and a new Board member appointed by the Mayor and confirmed
by a majority vote of the City Council.
2. Board authority/duties. The Board shall:
a. Adopt, amend and rescind rules and regulations necessary to carry
out the provisions of this Section and govern the conduct of the Board.
The Board may authorize investigations and hold hearings in accordance
with such administrative rules and proceedings as may be adopted by
it in furtherance of its purposes;
b. Make expenditures in accordance with the annual budget adopted by
the City Council and utilize the services of the City Attorney as
the Board may deem necessary or advisable for assistance in carrying
out its duties;
c. Make recommendations to the City Council for amendments to this Section
and such other legislation affecting the subject matter of this Section
as the Board may deem necessary or desirable.
3. Complaints and investigations.
a. Any person may file a complaint alleging a violation of this Code.
If such complaint is filed by a member of the Ethics Board, he or
she is then disqualified from participating in any proceeding that
may arise from the complaint.
b. The complaint shall be in writing and shall be signed by the complainant.
The written complaint shall state the nature of the alleged violation(s),
the date(s), time and place of each occurrence, and the name of the
person(s) charged with the violation(s). The complaint shall be filed
with the Board that shall provide a copy to the person charged with
the violation(s). The complaint shall provide the Board with all available
documentation or other evidence to demonstrate a reason for believing
that a violation has occurred.
c. Within thirty (30) days after receipt of a complaint, the Ethics
Board shall conduct a preliminary investigation.
d. If the Ethics Board determines, after preliminary investigation,
that there are no reasonable grounds to believe that a violation has
occurred, the Ethics Board shall dismiss the complaint. If the complaint
is dismissed, it shall be done in writing, setting forth the facts
and the provisions of this Section upon which the dismissal is based,
and shall provide a copy of the written dismissal to the complainant,
to the official charged with the violation and to the City Council
members.
e. If, after a preliminary investigation, the complaint is not dismissed,
the Ethics Board shall set the matter for hearing within thirty (30)
days.
4. Conduct of hearings — oath — subpoenas.
a. Hearings.
(1)
Within thirty (30) days from the date a complaint is set by
the Ethics Board for hearing, the Board shall hold a hearing and issue
a written determination stating whether the Code has been violated
and setting forth the facts and the provisions of law upon which this
determination is based. A copy of said determination shall be delivered
to the complainant, to the official charged with the violation and
to the City Council members.
(2)
All hearings that are held to determine whether the provisions
of this Section have been violated shall be conducted in conformance
with Ethics Board rules and regulations except as otherwise provided
in this Section.
b. Oaths. In the performance of the duties imposed
upon the Board by this Code, the Chairperson shall have the power,
and is authorized, to administer oaths and affirmations and examine
witnesses.
c. The Board or the Chairperson thereof may request that the City Council
issue administrative subpoenas to compel the attendance of persons,
and the production of documents, papers, books, accounts, letters
and records.
d. Counsel. Any person summoned to appear before the
Board to give evidence shall have the right to be represented by counsel,
at his or her expense.
5. Decisions — violations.
a. If the Board determines that a City Official has violated the provision
of this Code, the Board may recommend to the City Council that the
official be subject to disciplinary action. In addition to any other
penalty herein or otherwise provided by law, a violation shall be
cause for suspension, discharge or removal of office or such other
disciplinary action as may, by the appropriate City authority, be
deemed necessary and proper, and consistent with the City Charter,
Code and/or State law. A written report of the disciplinary action
taken as a result of the Board's recommendation shall be made by the
appropriate City authority to the Board within fourteen (14) calendar
days after receipt of the Board's recommendation.
b. Upon receipt of the written report of the disciplinary action taken,
or in the event no report is received, the Board shall review such
matter and make such further recommendations as may be appropriate.
D. Penalties. Violation of a provision of this Section is an
infraction. Any person who knowingly violates any provision of this
Section shall be punished by a fine not to exceed five hundred dollars
($500.00).
[Code 1962 §2-20; CC 1979 §2-24]
Resignations of Councilmen shall be in writing, and addressed
to the Mayor.
[Code 1962 §2-21; CC 1979 §2-25; Ord. No. 907 §1, 9-16-1975]
A. Regular Meetings. After the minutes of the preceding meeting
shall have been read and approved, the business of regular meetings
shall be disposed of in the following order:
1. Visitors recognized for the purpose of stating the subject of business
before the Council.
3. Reading and hearing petitions and other communications.
4. Introduction of new ordinances.
5. Introduction of new resolutions.
8. Reports of City Officers.
9. Allowance of accounts and claims.
B. Special Meetings. At special meetings the order of business
shall be as follows:
1. Message or statement from the Mayor as to the cause of convening
the Council in special session.
2. Consideration and disposition of the business mentioned in the Mayor's
message or statement.
C. Communications From Mayor. Communications from the Mayor
may be read at any time, but no business shall be taken up or considered
until the class to which it belongs shall be declared in order.
[Ord. No. 264-2021, 12-21-2021]
The City Manager may, at their discretion, direct the City Clerk
to place an item of business on the consent agenda, which shall be
all bills and resolutions ready for final consideration except bills
requiring an advertised public hearing or bills on which comment is
requested by any member of the City Council or the public or bills
requiring a super majority vote. Any item of business placed on the
consent agenda may be removed from such agenda at any time prior to
consideration of the consent agenda at such meeting. Any item of business
shall be automatically removed from the consent agenda if a request
is made by a Council member or a citizen that they wish to speak or
have discussion on the matter. An item included on the consent agenda
shall not be debated or discussed by Council members, nor shall any
person have a right to speak on the matter unless the person has requested
an opportunity to speak on the matter prior to the finalization of
the consent agenda. Nothing in this Section shall preclude the right
of any Council member to inquire, prior to consideration of the consent
agenda, concerning any item placed thereon. Such inquiry shall not
be deemed a request to remove an item from the consent agenda unless
such request is specifically made. Items of business contained on
the consent agenda shall be voted upon by the Council considering
the consent agenda in its entirety and shall not be taken up for consideration
as separate matters, except that nothing contained in this Section
shall be construed to prohibit a Council member from voting individually
on each separate item shown on the consent agenda. A vote by a Council
member for the adoption of the consent agenda shall be construed to
mean that the Council member has requested that his/her vote be recorded
as an "aye" vote for each separate item on the consent agenda, and
shall be recorded as such. A vote against the adoption of the consent
agenda shall be recorded as a "nay" vote on each item placed on the
consent agenda, and shall be recorded as such. A Council member, when
casting an "aye" vote or "nay" vote, may specifically exclude from
the vote for approval or disapproval of the consent agenda specific
items on the agenda, and in such event the City Clerk shall record
the exceptions accordingly.
[Code 1962 §2-17; CC 1979 §2-26]
A. Except
as otherwise provided by this Chapter, the Council of the City shall
have all of the powers not denied by the Constitution or Statutes
of the State or the City Charter.
B. It
shall be the duty of the City Council to pass all ordinances and other
measures conducive to the welfare of the City and to the proper carrying
out of the provisions of law. It shall appoint a suitable person not
a member of the Council to be the administrative head of the City
Government whose official Title shall be "City Manager." The Council
shall also provide for all offices and positions in addition to those
specified by this Article which may become necessary for the proper
carrying on of the work of the City, and shall fix the salary and
compensation of all Officers and employees of the City not herein
provided for. All Officers of the City shall be paid in equal monthly
installments for their services and all employees of the City shall
be paid monthly or at such shorter periods as the Council shall determine.
The creation of all offices and salaries attached thereto, which may
be provided for by the Council shall be by ordinance, and shall be
for an indefinite term. The Council shall also provide office rooms
at the City Hall or at some other convenient and suitable place in
the City for the transaction of the business of the City and for the
convenience of its Officers.
[Code 1962 §2-18; CC 1979 §2-27; Ord. No. 556 §2, 8-20-1963; Ord. No. 92-48 §§1, 2, 10-20-1992]
The Council shall appoint a City Manager, a City Clerk, a City
Treasurer and a City Attorney. Once appointed, the Officers so appointed
shall continue to serve at the pleasure of the Council. The Council
shall evaluate the Officers so appointed at the first (1st) regularly
scheduled Council meeting in September, or whenever the Council deems
appropriate.
[Code 1962 §2-22; CC 1979 §2-28]
The title of every bill shall indicate the purpose or objects
sought to be accomplished thereby.
[Code 1962 §2-23; CC 1979 §2-29]
When a bill is put upon its final passage and, failing to pass,
a motion is made to reconsider the vote by which it was defeated,
the vote upon such motion to reconsider shall be immediately taken,
and the subject finally disposed of before the Council proceeds to
any other business.