[Ord. No. 09-045 §2, 12-7-2009]
No person shall be an Alderman unless he/she be at least twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City Of Ozark and Ward from which they are filing for one (1) year immediately preceding his/her election, a resident at the time he/she files for election, is not in arrears for any unpaid City taxes or forfeiture or defalcation in office and has been elected to office by the qualified voters of the Ward in which such person resides. A person duly elected must remain a resident of the City and Ward from which he/she is elected throughout the period of their elected term or shall immediately forfeit his/her office. Each such elected Alderman shall serve a term of two (2) years and until their successor is elected and qualified unless otherwise removed from office as provided in this Article.
[Ord. No. 09-045 §2, 12-7-2009]
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, an inhabitant and resident of the City of Ozark for one (1) year immediately preceding his/her election, a resident at the time he/she files for election, is not in arrears for any unpaid City taxes or forfeiture or defalcation in office and has been elected to office by the qualified voters of the City. A person duly elected must remain a resident of the City throughout the period of their elected term or shall immediately forfeit his/her office. The Mayor shall serve a term of two (2) years and until his/her successor is elected and qualified unless otherwise removed from office as provided in this Article.
The Board shall elect one (1) of their own number who shall be styled "Mayor Pro-Tempore" and who shall serve for a term of one (1) year.
When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed or, in case of temporary absence, until the Mayor's return.
The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect and to alter, modify or repeal the same.
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.
[Ord. No. 09-045 §2, 12-7-2009]
The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office, for cause shown, any elective officer of the City, such officer being first given opportunity, together with his/her witnesses, to be heard before the Board of Aldermen sitting as a Board of Impeachment. Any elective officer, including the Mayor, may, in like manner, for cause shown, be removed from office by a three-fourths (¾) vote of all the members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Board of Aldermen reserves the right to pass such ordinances as it deems necessary further regulating the manner of impeachments and removals.
[Ord. No. 09-045 §2, 12-7-2009]
Every elected officer of the City, before entering upon the duties of his/her office, shall take and subscribe to an oath or affirmation before the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law; that he/she will support the Constitutions of the United States and the State of Missouri, the provisions of all laws of this State affecting Cities of this class, the ordinances of the City and faithfully demean himself/herself while in office; which official oath shall be filed with the City Clerk. If any person elected to any office shall fail to take and subscribe such oath or affirmation, his/her office shall be deemed vacant.
[Ord. No. 09-045 §2, 12-7-2009]
If a vacancy occurs in any elective office, the Mayor, or the person exercising the duties of the Mayor, shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a majority of the remaining members of the Board of Aldermen. If the vacancy is in the office of Mayor, nominations of a successor may be made by any member of the Board of Aldermen and selected with the consent of a majority of the members of the Board of Aldermen. The Board of Aldermen reserves the right to pass additional ordinances as necessary relating to procedures to fill vacancies in elective offices consistent with this Section. A person appointed to fill a vacant elective office as provided herein shall serve until the next regular municipal election.
The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of Ozark, 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, both readings may occur at a single meeting of the Board of Aldermen. 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 herein provided.
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 (⅔) 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.
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.
The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City and shall approve all official bonds unless otherwise prescribed by ordinance.
[R.O. 2006 §115.050; CC 1992 §115.050; CC 1974 §21.250]
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty.
The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.
[Ord. No. 09-017 §1, 5-18-2009]
City administration, public works, public safety, planning and zoning, parks and recreation and finance/economic development are hereby declared areas of particular interest to the City as a whole and the Board of Aldermen in particular.
[Ord. No. 15-043 §1, 9-21-2015]
The Mayor may, from time to time, appoint, reappoint or reassign a member of the Board of Aldermen to provide liaison with these critical areas of interest and the Board of Aldermen.
Once appointed, the member of the Board of Aldermen shall have the following duties and responsibilities:
Attend all board or commission meetings as announced.
Meet with appropriate department directors on a regular basis as necessary.
[Ord. No. 15-043 §1, 9-21-2015]
Inform themselves of the issues facing the City in the respective area of interest.
Report to the Board of Aldermen, as necessary, on any issue in the area of interest requiring the Board's attention.
Sponsor any legislation necessary to be brought before the Board concerning their respective area of interest.
In conducting their duties and responsibilities as set forth above, the assigned member of the Board of Aldermen shall not be a voting member of any board or commission and shall not direct or in any other fashion interfere with the operation of any department of the City.
[Ord. No. 09-045 §2, 12-7-2009; Ord. No. 15-049 §1, 10-5-2015]
The Board of Aldermen shall, by amendment to this Section, fix the compensation of all elected and appointed officers of this City as well as establish compensation schedules for its employees.
The Mayor and the members of the Board of Aldermen shall be reimbursed for any travel expenses for authorized travel to official training, meetings or Municipal functions.
Editor’s Note: Section 2 of Ord. No. 15-049 also provided an effective date of 4-6-2016.
[R.O. 2006 §110.040; Ord. No. 880 §1, 1-17-1985; Ord. No. 97-17 §1, 4-25-1997; Ord. No. 11-034 §1, 10-17-2011]
The Board of Aldermen of this City shall meet in regular session in the Aldermanic Chambers of the City Hall at the hour of 7:00 P.M. on the first (1st) and third (3rd) Monday of each month.
When any such meeting day is a holiday, the regular meeting shall be held at such time as may be provided by the Board upon motion at the previous meeting.
The Board may, by motion, dispense with any regular meeting but at least one (1) meeting, regular or special, must be held in each calendar month.
Legislative business (the reading and/or passage of bills or resolutions) shall only be conducted during regular or special sessions of the Board of Aldermen which are properly called and noticed.
The Board of Aldermen may, from time to time, hold informational sessions of the Board; however, no legislative business shall be conducted during the course of such session(s).
[R.O. 2006 §110.050; CC 1992 §110.050; Ord. No. 834 §1, 9-16-1982]
Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. A majority of the members elected to the Board shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.
[Ord. No. 09-010 §1, 4-7-2009]
The Mayor, City Administrator, the City Clerk and such other City staff as the Mayor deems necessary shall meet not later than 4:00 P.M. on the Wednesday preceding the week in which a regular Aldermanic meeting is to be held at the office of the Mayor. At such meeting the agenda for the next regular meeting of the Board of Aldermen shall be prepared and announced. The Mayor shall have the authority to refuse to accept any matter for the agenda other than bills sponsored by member of the Board of Aldermen and proper request for written communications to the Board or any appearance before the Board by members of the public. The City Clerk shall immediately prepare a list of the matters placed on the agenda according to the order of business prescribed by Section 210.215 and shall furnish each member of the Board, the City Administrator and the City Attorney with a copy of the agenda prior to the Aldermanic meeting and as far in advance of the meeting as time for preparation will permit. Any member of the Board may move to bring before the Board any matter at any regular meeting although the matter had not been placed on the agenda of the meeting and such motion shall be in order at any time during a regular meeting.
[Ord. No. 09-010 §1, 4-7-2009; Ord. No. 09-019 §1, 6-1-2009; Ord. No. 14-045 §1, 11-3-2014; Ord. No. 16-015 §1, 4-18-2016]
All regular meetings of the Board of Aldermen (except sessions duly closed by law) shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the Mayor, the members of the Board of Aldermen, the City Administrator, the City Clerk and the City Attorney (or the designated representatives of the Administrator, Clerk or Attorney) shall take their regular stations in the Aldermanic Chambers and the business of the Board may be taken up for consideration and disposition in the following order:
Call to order.
Pledge of Allegiance.
Call of the roll of Aldermen.
Approval of the minutes of previous meeting(s).
Scheduled visitors and guests.
Second reading and final passage bills. (Bills closed to public discussion; Board discussion only.)
Reports of appointed officers, boards and committees.
Miscellaneous comments/announcements from members of the Board and/or the Mayor.
Closed session (when called).
The Mayor is hereby granted the discretion to adjust the aforementioned order of business for any special meeting or to expedite the business of the Board.
[R.O. 2006 §110.120; CC 1974 §24.065; Ord. No. 97-20 §1, 5-19-1997; Ord. No. 11-037 §1, 12-5-2011; Ord. No. 16-051 §1, 11-7-2016]
Except as otherwise provided by law or ordinance, the proceedings of the Board of Aldermen shall be conducted in accordance with "Ozark Rules of Procedure." The original and multiple copies of said rules shall be maintained by the City Clerk and posted on the City's web site.
A member of the Board of Aldermen may participate in any regular or special session by teleconference or video conference and cast such votes as may come before the Board during the course of the member's participation. However, such participation may only occur once in any given six (6) calendar month period.
In the event of the death of an immediate family member or illness or injury of the Board member that requires that member's absence from a session, the member may vote by written proxy authorizing another member of the Board to enter a specific vote upon a specific issue. A proxy vote may only occur once in any given six (6) calendar month period and may be made by a separate writing, e-mail, FAX or text message.
Attendance at a session by electronic means or a written proxy, as allowed above, does not include non-verifiable electronic messaging systems such as Facebook, Twitter, LinkedIn or other social media.
[R.O. 2006 §110.220; CC 1992 §110.220; Ord. No. 834 §1, 9-16-1982]
The names of all persons that the Mayor proposes to appoint to any City board, commission or authority shall be delivered to the City Clerk who shall make such names available to each member of the Board of Aldermen at least fifty-two (52) hours prior to the Board meeting at which the Mayor proposes to appoint such person.
[Ord. No. 09-010 §1, 4-7-2009]
The Mayor, or the Mayor Pro Tempore in his/her absence, shall provide opportunity during Aldermanic meetings for discussion by interested persons or their authorized representatives on any Board bill or other matter before the Board prior to final passage; provided that preference shall be given to any person who, at least four (4) days prior to the Board meeting, shall have requested opportunity for discussion by written notice directed to the City Clerk. Public discussion by interested persons or their authorized representatives on any bill or any other matter shall occur when the bill is read the first (1st) time or when the matter is first (1st) considered by the Board at a regular or specially called meeting of the Board. Citizens or their authorized representatives shall not be permitted to address the Board after the matter is presented to the Board at the first (1st) meeting unless the Board makes a substantive addition to the bill, introduces a substitute bill which makes a substantive addition to the original bill, continues a public hearing on the bill or suspends its rules by a two-thirds (⅔) majority of the members present. Comments by citizens or their authorized representatives to an amended or a substitute bill shall be limited to substantive additions to the bill. If a public hearing on a bill is continued and the bill has not been amended or a substitute bill has not been introduced, then citizens or their authorized representatives who have previously addressed the bill shall not be permitted to make any additional comments at the continued public hearing.
Any person may direct a written communication to the Board of Aldermen on any matter concerning the City's business by directing the communication to the Board of Aldermen through the City Clerk. Any such written communication shall be placed on the agenda of the next regular meeting under the order of business entitled "Miscellaneous Business".
Any person desiring to personally address the Board on any matter not then before it shall notify the City Clerk, in writing, or his/her desire at least four (4) days prior to the Board meeting at which he/she wishes to appear. The written request shall contain the name and the residential address of the person and a brief description of the matter to be addressed.
After a motion is made in the Board of Aldermen to close public comment, no person except a member of the Board shall address the Board.
The Mayor shall, from time to time, make such rules as he/she may deem necessary to fulfill and carry out the intent of the provisions of this Section.
[Ord. No. 09-010 §1, 4-7-2009]
Each person addressing the Board shall step before the City Clerk, give his/her name and address for the record and, unless further time is granted by the Board, shall limit his/her address to five (5) minutes. All remarks shall be addressed to the Board as a body and not to any member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, without permission of the Mayor. No question shall be asked of a member of the Board except through the Mayor or the Mayor Pro Tempore in his/her absence.