All City elections shall be conducted and held in conformance
with the provisions of Chapter 115, RSMo.
A.Â
A municipal election for the qualified voters of this City shall
be held on the first Tuesday after the first Monday in April of each
year.
B.Â
On the first Tuesday after the first Monday in April of even-numbered
years, a municipal election of the qualified voters of the City of
Kimberling City shall be held for the purpose of electing a Mayor
who shall hold his/her office for a term of two (2) years and until
his/her successor is elected and qualified.
C.Â
On the first Tuesday after the first Monday in April of odd-numbered
years, a municipal election of the qualified voters of the City of
Kimberling City shall be held for the purpose of electing one (1)
Alderman from each ward who shall hold his/her office for a term of
two (2) years and until his/her successor is elected and qualified.
D.Â
On the first Tuesday after the first Monday in April of even-numbered
years, a municipal election of the qualified voters of the City of
Kimberling City shall be held for the purpose of electing one Alderman
from each ward who shall hold his/her office for a term of two (2)
years and until his/her successor is elected and qualified.
[Ord. No. 519, 11-17-2021]
Any person who desires to become a candidate for an elective
City office at the general City election shall file with the City
Clerk, not prior to the hour of 8:00 A.M., on the 17th Tuesday prior
to, nor later than 5:00 P.M., on the 14th Tuesday prior to the next
City municipal election, a written declaration of his/her intent to
become a candidate at said election. The City Clerk shall keep a permanent
record of the names of the candidates, the offices for which they
seek election, and the date of their filing, and their names shall
appear on the ballots in that order.
A.Â
No
person shall qualify as a candidate for elective public office in
the State of Missouri who has been found guilty of or pled guilty
to a felony or misdemeanor under the Federal laws of the United States
of America or to a felony under the laws of this State or an offense
committed in another state that would be considered a felony in this
State.
B.Â
Any
person who files as a candidate for election to a public office shall
be disqualified from participation in the election for which the candidate
has filed if such person is delinquent in the payment of any State
income taxes, personal property taxes, municipal taxes, real property
taxes on the place of residence, as stated on the declaration of candidacy,
or if the person is a past or present corporate officer of any fee
office that owes any taxes to the State.
C.Â
Each
potential candidate for election to a public office shall file an
affidavit with the Department of Revenue and include a copy of the
affidavit with the declaration of candidacy required under Section
115.349, RSMo. Such affidavit shall be in substantially the form as
set out in Section 115.306, RSMo.
D.Â
Upon
receipt of a complaint alleging a delinquency of the candidate in
the filing or payment of any State income taxes, personal property
taxes, municipal taxes, real property taxes on the place of residence,
as stated on the declaration of candidacy, or if the person is a past
or present corporate officer of any fee office that owes any taxes
to the State, the Department of Revenue shall investigate such potential
candidate to verify the claim contained in the complaint. If the Department
of Revenue finds a positive affirmation to be false, the Department
shall contact the Secretary of State, or the election official who
accepted such candidate's declaration of candidacy, and the potential
candidate. The Department shall notify the candidate of the outstanding
tax owed and give the candidate thirty (30) days to remit any such
outstanding taxes owed which are not the subject of dispute between
the Department and the candidate. If the candidate fails to remit
such amounts in full within thirty (30) days, the candidate shall
be disqualified from participating in the current election and barred
from refiling for an entire election cycle even if the individual
pays all of the outstanding taxes that were the subject of the complaint.
The City Clerk shall, on or before the 16th Tuesday prior to
any election at which City offices are to be filled by said election,
notify the general public of the opening filing date, the office or
offices to be filled, the proper place for filing, and the closing
filing date of the election. Such notification may be accomplished
by legal notice published in at least one (1) newspaper of general
circulation in the City.
In City elections, the City Clerk shall notify the County Clerk
prior to 5:00 P.M. on the 10th Tuesday prior to any City election
except as noted in Section 115.125.1, RSMo. The notice shall be in
writing, shall specify that the Board of Aldermen is calling the election,
the purpose of the election, the date of the election, and shall include
a certified copy of the legal notice to be published including the
sample ballot. The notice and any other information required by this
Section may, with the prior notification to the election authority
receiving the notice, be accepted by facsimile transmission prior
to 5:00 P.M. on the 10th Tuesday prior to the election, provided that
the original copy of the notice and a certified copy of the legal
notice to be published shall be received in the office of the election
authority within three (3) business days from the date of the facsimile
transmission.
[R.O. 2012 § 105.110; Ord. No.
120 § 12, 11-15-1988]
All officers elected as described above shall be qualified and
take charge of their respective offices at the first regular meeting
of the Board of Aldermen after their election.
[R.O. 2012 § 105.060; Ord. No.
120 § 7, 11-15-1988]
The City shall pay election costs per the billing by the County
Clerk.
[R.O. 2012 § 100.010; Ord. No.
120 § 1, 11-15-1988; Ord. No. 200, 12-5-1995]
A.Â
The City of Kimberling City is divided into two (2) wards as follows:
1.Â
Ward 1 shall consist of all that part of the City bounded on
the North, West, and South by the current City limits of Kimberling
City and bounded on the east by a line described as follows: Beginning
at the North City limit boundary at the northeast corner of the northwest
quarter of the northwest quarter of Section 33, Township 23 North,
Range 23 West, thence southerly along the east lines of said northwest
quarter of the northwest quarter and the southwest quarter of the
northwest quarter and the north half of the northwest quarter of the
southwest quarter of said Section 33 to the intersection of the north
boundary line of Buttonwood Hills, a subdivision in Kimberling City,
thence easterly along the north line of said Buttonwood Hills to the
northeasternmost corner of said Buttonwood Hills, thence southeasterly
along the eastern line of said Buttonwood Hills to the centerline
of Buttonwood Drive, thence easterly along the centerline of said
Buttonwood Drive to the centerline intersection of Midview Drive,
thence southerly along the centerline of Midview Drive to the centerline
intersection of James River Road, also being known as Lake Road "13-35,"
thence southerly along the centerline of said James River Road, being
known also as Lake Road "13-35" to the centerline intersection of
Hilltop Drive, thence easterly and southerly along the centerline
of said Hilltop Drive to the centerline intersection of Lakeshore
Drive, thence easterly and northeasterly along the centerline of said
Lakeshore Drive to the centerline intersection of Missouri State Highway
"13," thence southerly along the centerline of said Missouri State
Highway "13" to its intersection with the south boundary of the current
City limits of Kimberling City and the Point of Terminus of the herein
described east boundary of Ward One.
2.Â
Ward Two shall consist of all that part of the City bounded
on the north, east and south by the current City limits of Kimberling
City and bounded on the west by a line described as follows: Beginning
on the north boundary line of the current City limits, also being
the northwest corner of the northeast quarter of the northwest quarter
of Section 33, Township 23 north, Range 23 west, thence southerly
along the west lines of said northeast quarter of the northwest quarter
and the southeast quarter of the northwest quarter and the north half
of the northeast quarter of the southwest quarter of said Section
33 to the intersection of the north boundary line of Buttonwood Hills,
a subdivision in Kimberling City, thence easterly along the north
line of said Buttonwood Hills to the northeasternmost corner of said
Buttonwood Hills, thence southeasterly along the eastern line of said
Buttonwood Hills to the centerline of Buttonwood Drive, thence easterly
along the centerline of said Buttonwood Drive to the centerline intersection
of Midview Drive, thence southerly along the centerline of Midview
Drive to the centerline intersection of James River Road, also being
known as Lake Road "13-35," thence southerly along the centerline
of said James River Road, being known also as Lake Road "13-35" to
the centerline intersection of Hilltop Drive, thence easterly and
southerly along the centerline of said Hilltop Drive to the centerline
intersection of Lakeshore Drive, thence easterly and northeasterly
along the centerline of said Lakeshore Drive to the centerline intersection
of Missouri State Highway "13," thence southerly along the centerline
of said Missouri State Highway "13" to its intersection with the south
boundary of the current City limits of Kimberling City and the Point
of Terminus of the herein described west boundary of Ward Two.