Article I Mayor And Board Of Aldermen — Generally
Article II Board Of Aldermen Meetings
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.
State Law Reference: As to when Aldermen may be elected at large, § 79.060, RSMo.
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
The Board of Aldermen shall elect one (1) of its own number who shall be styled "Acting President of the Board of Aldermen" 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.
The style of the ordinances of the City shall be "Be it ordained by the Board of Aldermen of the City of Kimberling City, 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.
The provisions of this Section shall not apply to ordinances proposed or passed under Section 79.135, RSMo.
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.
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 semiannually 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.
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) to aid in enforcing the laws.
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.
[R.O. 2012 § 115.010; Ord. No. 69 § I, 7-5-1977; Ord. No. 221, 5-19-1998; Ord. No. 425, 10-4-2016]
Time. Regular Board of Aldermen meetings shall be held on the first Tuesday of each month at 7:00 P.M. On the third Wednesday of each month, the Board of Aldermen shall hold a work session at 7:00 P.M., if necessary. If the day fixed for any regular meeting of the Board of Aldermen falls upon a day designated by law as a legal or national holiday or is a designated election day, such meeting shall be held the same hour on the next succeeding day not a holiday.
Place. Regular meetings of the Board of Aldermen shall be held at the City Office; provided that if such meeting is adjourned to some other location, notice of the location of the meeting being held shall be affixed to the door of the City Office.
Special meetings may be called by the Mayor or by any two (2) members of the Board of Aldermen 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 of Aldermen to order, and 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 of Aldermen 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.
[R.O. 2012 § 115.030; Ord. No. 69 § III, 7-5-1977; Ord. No. 371, 1-15-2013]
All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Board of Aldermen shall, at least five (5) working days prior to each Board meeting, be delivered to the City Clerk, whereupon the City Clerk shall immediately arrange a list of such matters according to the order of business and furnish each Alderman with a copy of same prior to the meeting as far in advance of the meeting as time for preparation will permit.
[R.O. 2012 § 115.040; Ord. No. 69 § IV, 7-5-1977]
[R.O. 2012 § 115.060; Ord. No. 69 § VI, 7-5-1977]
Unless a reading of the minutes of a Board of Aldermen meeting is requested by an Alderman, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof.
[R.O. 2012 § 115.070; Ord. No. 69 § VII, 7-5-1977; Ord. No. 371, 1-15-2013]
Regular and Special Meetings shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the Board of Aldermen and City Clerk shall take their regular stations in the City Office, and the business of the Board of Aldermen shall be taken up for consideration and disposition in the following order:
Acknowledgment of a quorum.
Pledge of Allegiance.
Public Comments and Presentations.
Presentation of Petitions/Communications.
Approval of Minutes of previous meeting.
Presentation of Financial Report.
Report of officers, boards and committees.
[R.O. 2012 § 115.080; Ord. No. 69 § VIII, 7-5-1977; Ord. No. 371, 1-15-2013]
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 City Clerk. Any such written communication shall be placed on the agenda of the next regular Board meeting under the Order of Business entitled "Presentation of Petitions/Communications."
Any person or groups must notify the City Clerk (in writing) of their desire to appear before the Board of Aldermen at least five (5) days before a regular Board Meeting, outlining their desires. Groups shall have a designated spokesman so that proper time may be allowed and meetings may be conducted in a business like manner.
After a motion is made by an Aldermen, no person except an Alderman shall address the Board.
The Presiding Officer of the Board shall, from time to time, interpret such rules as he/she may deem necessary to fulfill and carry out the intent of the provisions of this Section, in accord with Robert's Rules of Order.