A. Composition. There shall be a City Council of seven
(7) members, three (3) Councilmen, elected from each of two (2) Wards
of equal population of the City, and a Mayor elected at large.
B. Eligibility. Only qualified voters of the City,
twenty-one (21) years of age or older and a resident of the Village
for one (1) year or more and who reside in the Ward in which filing
for office.
C. Election and Terms. The regular election of Councilmen shall be held on the first Tuesday after the first Monday in April of each year, in the manner provided in Article
VII. At the first election under this Charter six (6) Councilmen shall be elected; the one (1) candidate receiving the greatest number of votes in each Ward shall serve for a term of three (3) years, and the candidate receiving the next greatest number of votes shall serve for a term of two (2) years, and the candidate receiving the next greatest number of voters shall serve for a term of one (1) year. Commencing at the next regular election and at all subsequent regular elections, one (1) Councilman shall be elected for three (3) years from each Ward; the terms of Councilmen shall begin and end on the first regular meeting of the Council after the annual election.
At the first regular election after the adoption of this Charter
a Mayor shall be elected at large by the qualified voters of the City
for a term of three (3) years. The Mayor shall be a member of the
Council. In addition, he shall preside at regular meetings of the
Council, shall be recognized as head of the City Government for all
ceremonial purposes and by the Governor for purposes of military law
but shall have no administrative duties. The Council shall elect from
among its members, a Deputy Mayor who shall act as Mayor during the
absence or disability of the Mayor.
[Ord. No. 767 § 1, 5-19-2003; Ord.
No. 990 §§ 1—2, 8-20-2012; Ord. No. 1243, 1-9-2023]
After the effective date of this Charter, each Councilman and
the Mayor shall receive four hundred dollars ($400.00) per month salary.
To be eligible to receive this compensation, each Councilman and Mayor
must attend at least one (1) regularly scheduled meeting each month
unless they have been excused by the Mayor. Councilmen shall receive
their actual and necessary expenses incurred in the performance of
their duties of office. Receipts for actual and incurred expenses
will be required.
All powers of the City shall be vested in the Council, except
as otherwise provided by law or this Charter, and the Council shall
provide for the exercise thereof and for the performance of all duties
and obligations imposed on the City by law.
[Amended by Ord. No. 375 § 1, 11-20-1989]
A. Holding Other Office. Except where authorized by
law, no Councilman or the Mayor shall hold any other City office or
employment during the term for which he was elected to the Council,
and no former Councilman or Mayor shall hold any compensated appointive
City office or employment until one (1) year after the expiration
of the term for which he was elected to the Council.
B. Appointments and Removals. Neither the Council nor
any of its members shall in any manner dictate the appointment or
removal of any City Administrative Officers or Employees whom the
Manager or any of his subordinates are empowered to appoint, but the
Council may express its views and fully and freely discuss with the
Manager anything pertaining to appointment and removal of such officers
and employees.
C. Interference with Administration. Except for the purpose of injuries and investigations under Section
2.09, the Council or its members shall deal with City Officers and Employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.
D. No elected official shall serve more than four (4) consecutive terms;
provided however, that for purposes of computing said four (4) consecutive
terms the Mayor and any Council member currently in office by election
shall be deemed to be serving their first (1st) such term; further
provided however, that any term of Mayor or Councilman by appointment
to fill a vacancy on the City Council shall not be deemed a term for
purposes of this Section.
[Amended by Ord. No. 268, 8-4-1986]
A. Vacancies. The office of a Councilman or Mayor shall
become vacant upon his death, resignation, removal from office in
any manner authorized by law or forfeiture of his office.
B. Forfeiture of Office. A Councilman or Mayor shall
forfeit his office if he (1) lacks at any time during his term of
office any qualification for the office prescribed by this Charter
or by law, (2) violates any express prohibition of this Charter, (3)
is convicted of a crime involving moral turpitude, or (4) fails to
attend three (3) consecutive regular meetings of the Council without
being excused by the Council.
C. Filling of Vacancies. A vacancy in the Council shall be filled by appointment for the remainder of the unexpired term, by a majority vote of all remaining Council members. If the Council fails to do so within thirty (30) days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy to be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article
VII. Notwithstanding the requirement in Section
2.11(C) that a quorum of the Council consists of four (4) members, if at any time the membership of the Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4).
Whenever three (3) or more vacancies exist simultaneously in
the office of Councilman, the City Clerk, within ten (10) days thereafter,
shall make arrangements for the necessary special election to be held
as soon as legally possible, to fill such vacancies for the unexpired
terms of the said elective officers.
The Council shall be the judge of the qualification of its members
of the grounds for forfeiture of their office and for that purpose
shall have power to subpoena witnesses, administer oaths and require
the production of evidence. A member charged with conduct constituting
grounds for forfeiture of his office shall be entitled to a public
hearing on demand, and notice of such hearing shall be published in
one (1) or more newspapers of general circulation in the City at least
one (1) week in advance of the hearing. Decisions made by the Council
under this Section shall be subject to review by the courts.
The Council shall appoint a resident of the City who shall have
the title of City Clerk. The City Clerk shall give notice of Council
meetings to its members and the public, keep the journal of its proceedings
and perform such other duties as are assigned to him by this Charter
or the City Manager by the authority of the Council.
The Council may make investigations into the affairs of the
City and the conduct of any City department, office or agency and
for this purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who fails or refuses
to obey a lawful order issued in the exercise of these powers by the
Council shall be guilty of a misdemeanor and punishable by a fine
of not more than one hundred dollars ($100.00).
The Council shall provide for an independent annual audit of
all City accounts and may provide for such more frequent audits as
it deems necessary. Such audits shall be made by a certified public
accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City Government or
any of its officers. The Council may, without requiring competitive
bids, designate such accountant or firm annually or for a period not
exceeding three (3) (3) years, provided that the designation for any
particular fiscal year shall be made no later than thirty days after
the beginning of such fiscal year. If the State makes such an audit,
the Council may accept it as satisfying the requirements of this Section.
A. Meetings. The Council shall meet regularly at least
twice in every month at such times and places as the Council may prescribe
by rule. Special meetings may be held on the call of the Mayor or
of four (4) or more members and, whenever practicable, upon no less
than twelve (12) hours' notice to each member. All meetings shall
be public; however, the Council may recess for the purpose of discussing
in a closed or executive session limited to its own membership any
matter which would tend to defame or prejudice the character or reputation
of any person, provided that the general subject matter for consideration
is expressed in the motion calling for such session and that final
action thereon shall not be taken by the Council until the matter
is placed on the agenda.
B. Rules and Journal. The Council shall determine its
own rules and order of business and shall provide for keeping a journal
of its proceedings. This journal shall be a public record.
C. Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four (4) members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the preceding sentence and in Section
2.06, shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council.
In addition to other acts required by ordinance or by specific
provision of this Charter to be done by ordinance, those acts of the
City Council shall be by ordinance which:
1. Appoint or amend an administrative code or establish, alter or abolish
any City department, office or agency.
2. Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed.
3. Levy taxes as otherwise provided in Article
V with respect to the property tax levied by adoption of the budget, but that the property tax shall not exceed fifty cents ($0.50) per one hundred dollars ($100.00) assessed valuation.
4. Grant, renew or extend a franchise.
5. Authorize the borrowing of money for any purpose necessary to the
exercise of any power granted by this Charter and/or by the Constitution
and the laws of the State of Missouri.
6. Convey or lease or authorize the conveyance or lease of any lands
of the City.
7. Obligate the City under any contract with another Municipality, State
or Federal agency.
8. Affect zoning or land use of any real property in the Village.
9. Regulate businesses or merchants of the City.
10. Adopt with or without amendment ordinances proposed under the initiative
power.
11. Amend or repeal any ordinance previously adopted, under this Charter or the Village of St. John, except as otherwise provided in Article
VIII with respect to repeal of ordinances reconsidered under the referendum power.
12. Issue, sell, pledge, or in any manner dispose of negotiable or non-negotiable,
interest bearing or non-interest bearing bonds or notes of the City,
upon the credit of the City, or solely upon the credit of the proceeds
of special assessments for local improvements, or upon any two (2)
or more such credits.
13. Make and collect special assessments on public or private property
for public improvements, and to provide for enforcing the prompt payment
and for penalties for delinquency thereof by any appropriate means.
14. Make public improvements and acquire by condemnation or otherwise
property or any interest therein within or without the corporate limits
necessary for such improvements.
Acts other than those referred to in this preceding sentence
may be done either by ordinance or by resolution.
|
[Amended by Ord. No. 268, 8-4-1986]
A. Form. Every proposed ordinance shall be introduced
in writing and in the form required for final adoption. No ordinance
shall contain more than one (1) subject and shall be clearly expressed
in its title. The enacting clause shall be "Be it ordained by the
Council of the City of St. John as follows:". Any ordinance which
repeals or amends an existing ordinance or part of the City Code shall
set out in full the ordinance, Sections or Subsections to be repealed
or amended, and shall indicate matter to be omitted by enclosing it
in brackets or by strike-out and shall indicate new matter by underscoring
or by italics.
B. Procedure. An ordinance may be introduced by any
member at any regular or special meeting of the Council. Upon introduction
of any ordinance, the City Clerk shall distribute a copy to each Council
member and to the City Manager, shall file a reasonable number of
copies in the office of City Clerk and such other public places as
the Council may designate. Each ordinance before passage shall require
three (3) readings, one (1) in its entirety at a regular scheduled
meeting of the Council, at which time all persons interested shall
have an opportunity to be heard. No ordinance shall be given three
(3) readings at any one (1) meeting of the Council without the unanimous
consent of all members of the Council. The Council may adopt the ordinance
with or without amendment or reject it, but if it is amended as to
any matter of substance, the Council may not adopt it until the next
regularly scheduled meeting of the Council. A majority vote of the
Council is necessary for the adoption of any ordinance.
C. Effective Date. Except as otherwise provided in
this Charter, every adopted ordinance shall become effective from
and after its date of adoption or at any later date specified therein.
To meet a public emergency affecting life, health, property
or the public peace, the Council may adopt one or more emergency ordinances,
but such ordinances may not levy taxes, grant, renew or extend a franchise,
or authorize the borrowing of money except as provided in Subsection
5.09(B). An emergency ordinance shall be introduced in the form and
manner prescribed for ordinances generally, except that it shall be
plainly designated as an emergency ordinance and shall contain, after
the enacting clause, a declaration stating that an emergency exists
and describing it in clear and specific terms. An emergency ordinance
may be adopted with or without amendment or rejected at the meeting
at which it is introduced, but the unanimous vote of the Councilmen
present shall be required for adoption. After its adoption the ordinance
shall be published and printed as prescribed for other adopted ordinances.
It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance except one made pursuant to
Subsection 5.09(B) shall automatically stand repealed as of the sixty-first
(61st) day following the date on which it was adopted, but this shall
not prevent re-enactment of the ordinance in the manner specified
in this Section if the emergency still exists. An emergency ordinance
may also be repealed by adoption of a repealing ordinance in the same
manner specified in this Section for adoption of emergency ordinances.
A. The council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance. The procedure and requirements
governing such an adopting ordinance shall be as prescribed for ordinances
generally except that:
1.
The requirements of Section
2.13(B) for distribution and filing of copies of the proposed ordinance shall be construed to include copies of the Code of Technical Regulations as well as of the adopting ordinance, and
2.
A copy of each adopted Code of Technical Regulations as well
as of the adopting ordinance shall be authenticated and recorded by
the City Clerk pursuant to Subsection 2.16(A).
B. Copies of any adopted Code of Technical Regulations shall be made
available by the City Clerk for distribution or for purchase at a
reasonable price.
A. Authentication and Recording. The City Clerk shall
authenticate by his signature and record in full in a properly indexed
book, kept for the purpose, all ordinances and resolutions adopted
by the Council.
B. Codification. Within one (1) year after adoption
of this Charter and at least every year thereafter, the Council shall
provide for the preparation of a general codification of all City
ordinances and resolutions having the force and effect of law. The
general codification shall be adopted by the Council by ordinance
and shall be published promptly in bound or loose-leaf form, together
with this Charter and any amendments thereto, pertinent provisions
of the Constitution and other laws of the State of Missouri, and such
codes of technical regulations and other rules and regulations as
the Council may specify. This compilation shall be known and cited
officially as the St. John City Code. Copies of the Code shall be
furnished to City Officers and public offices for free public reference
and made available for purchase by the public at a reasonable price
fixed by the Council.
C. Printing of Ordinances and Resolutions. The Council
shall cause each ordinance and resolution having the force and effect
of law and each amendment to this Charter to be printed promptly following
its adoption, and the printed ordinances, resolutions and Charter
amendments shall be distributed or sold to the public at reasonable
prices to be fixed by the Council. Following publication of the first
St. John City Code and at all times thereafter, the ordinances, resolutions
and Charter amendments shall be printed in substantially the same
style as the Code currently in effect and shall be suitable in form
for integration therein. The Council shall make such further arrangements
as it deems desirable with respect to reproduction and distribution
of any current changes in or additions to the provisions of the Constitution
and other laws of the State of Missouri, or the Codes of Technical
Regulations and other rules and regulations included in the Code.