[R.O. 2013 § 115.010]
No person shall be an Alderman unless
he/she be at least eighteen (18) years of age, a citizen of the United
States, and an inhabitant and resident of the City for one (1) year
next preceding his/her election, and a resident, at the time he/she
files and during the time he/she serves, of the ward from which he/she
is elected.
[1]
State Law Reference: When Aldermen may be
elected at large, § 79.060, RSMo.
[R.O. 2013 § 115.020; R.O. 2005
§ 2-16; Ord. No. 20.020 § 5]
The Board of Aldermen of the City of Fayette shall consist of six (6) members, two (2) to be elected in each ward in the City in the manner provided in Chapter 105 of this Code.
[R.O. 2013 § 115.030; R.O. 2005
§ 2-34; Ord. No. 20.010 § 1]
No person shall be Mayor of the City
unless he/she be at least twenty-five (25) years of age, a citizen
of the United States, and a resident of the City of Fayette at the
time of and for at least one (1) year next preceding his/her election.
[R.O. 2013 § 115.040]
The Board shall elect one (1) of
their own number who shall be styled "Acting President of the Board
of Aldermen" and who shall serve for a term of one (1) year.
[R.O. 2013 § 115.050]
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.
[R.O. 2013 § 115.060; R.O. 2005
§ 2-22; Ord. No. 20.020 § 11]
The procedure regarding oaths for Aldermen is described in Section 120.030, Oath, of this Code.
[R.O. 2013 § 115.070; R.O. 2005
§ 2-23; Ord. No. 20.020 § 12]
The Board 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 may
prescribe and enforce such rules as it may find necessary for the
expeditious transaction of its business.
[R.O. 2013 § 115.080; R.O. 2005
§ 2-15; Ord. No. 20.020 § 4]
The Board of Aldermen shall have
power to compel the attendance of witnesses and the production of
papers and record relating to any subject matter under the consideration
in which the interest of the City are involved, and shall have power
to call on the proper officers of this City or of Howard County, Missouri,
to execute such powers. 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 shall have power to administer oaths to witnesses.
[R.O. 2013 § 115.090]
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.
[R.O. 2013 § 115.100; R.O. 2005
§ 2-35; Ord. No. 20.010 § 2]
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. He/she
shall exercise a general supervision over all the officers and affairs
of the City.
[R.O. 2013 § 115.110; R.O. 2005
§ 2-36; Ord. No. 20.010 § 3]
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. He/she shall sign all orders, drafts, and warrants drawn
on the City Treasury for money, and cause the City Clerk to attest
the same and to affix thereto the Seal of the City, and to keep an
accurate record thereof in a book to be provided for that purpose.
[R.O. 2013 § 115.120; R.O. 2005
§ 2-37; Ord. No. 20.010 § 4]
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; and he/she is hereby authorized
to call on every male inhabitant of the City over eighteen (18) years
of age and under fifty (50) years of age to aid in enforcing the law.
[R.O. 2013 § 115.130; R.O. 2005
§ 2-38; Ord. No. 20.010 § 5]
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 the City.
[R.O. 2013 § 115.140]
The Mayor, with the consent and approval
of the majority of the members of the Board of Aldermen, shall have
power to appoint a City Treasurer, City Attorney, City Assessor, Street
Commissioner and Night Watchman and such other officers as he/she
may be authorized by ordinance to appoint, and if deemed for the best
interests of the City, the Mayor and Board of Aldermen may, by ordinance,
employ special counsel to represent the City, either in a case of
a vacancy in the office of City Attorney or to assist the City Attorney,
and pay reasonable compensation therefor, and the person elected Marshal
may be appointed to and hold the office of Street Commissioner.
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 style of the ordinances of the City shall be "Be it ordained
by the Board of Aldermen of the City of Fayette, 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 (2/3) 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.
[R.O. 2013 § 115.210; R.O. 2005
§ 2-17; Ord. No. 20.020 § 6; Ord. No. 20.021 § 6; Ord. No. 97-18 § 2; Ord. No. 98-10 § 2]
The regular meeting of the Board
of Aldermen shall be held on the second and fourth Tuesday in each
month at the Board of Aldermen's meeting place in City Hall at 6:00
P.M. and special meetings may be called by the Mayor or any two (2)
members of the Board, written notice of which shall be given by the
City Clerk to the members of the Board and served by the Marshal.
[R.O. 2013 § 115.220; R.O. 2005
§ 2-18; Ord. No. 20.020 § 7]
A majority of the Board of Aldermen
shall constitute a quorum to do business, but a less number may adjourn
from time to time and the names of the absentees shall be noted by
the City Clerk upon the journal.
[R.O. 2013 § 115.230; R.O. 2005
§ 2-29; Ord. No. 97-19 § 2]
At each and every Board of Aldermen
meeting, two (2) periods shall be allotted for residents of the City
to address the Board of Aldermen. The first time period shall be the
beginning of the Board of Aldermen meeting for residents to address
the Board of Aldermen on issues on the agenda for that meeting. The
second session shall immediately follow the first for residents
who wish to address the Board of Aldermen on issues other than those
appearing on the agenda for that meeting. These presentations shall
not require any sign-up prior to appearance, but it is suggested that
individuals wishing to participate sign up with the City Clerk prior
to 6:45 P.M. On any specific issue, there will be a fifteen (15) minute
time limit for all speakers combined, which time limit may be extended
by and with the consent of the Board of Aldermen. Each speaker shall
be limited to a five (5) minute time period, which time may be extended
by the consent of the Board of Aldermen. Individuals who are not residents
of the City may address the Board of Aldermen during this period of
time, subject to a motion supported by a majority of the Board of
Aldermen to omit the appearance of non-resident speakers.
