City of St. James, MO
Phelps County
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Table of Contents
Table of Contents
No person shall be Councilman unless he/she is at least twenty-one (21) years of age prior to taking office, a citizen of the United States, and an inhabitant of the City for one (1) year next preceding his/her election, and a resident of the ward from which he/she is elected six (6) months next preceding his/her election. Whenever there is a tie in the election of a Councilman, the matter shall be determined by the Council.
No person shall be Mayor unless he/she be at least thirty (30) years of age, a citizen of the United States and a resident of such City at the time of and for two (2) years next preceding his/her election. When two (2) or more persons shall have an equal number of votes for the office of Mayor, the matter shall be determined by the Council.
At the first regular meeting of the City Council after the election in each year; which meeting shall occur at the time fixed by ordinance, but shall not be later than the fourth Tuesday in April; the Council shall elect one (1) of its members President Pro Tem, who shall hold his/her office for the term of one (1) year, and who, in the absence of the Mayor, shall preside at the meetings of the Council; provided, that in the absence of the Mayor and President Pro Tem the Council may select one (1) of its members present to preside at such meetings, who shall be styled "Acting President Pro Tem."
The Mayor and Council 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 be President of the Council and shall preside over same, but shall not vote except in case of a tie in said Council, when he/she shall cast the deciding vote; but provided, however, that he/she shall have no such power to vote in cases when he/she is an interested party. He/she shall have the superintending control of 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.
When any vacancy shall happen in the office of Mayor, by death, resignation, removal from the City, removal from office, refusal to qualify or otherwise, nominations of a successor may be made by any member of the Council and selected with the consent of a majority of the members of the Council. The Council may adopt procedures to fill any such vacancy consistent with this Section. In the case of a temporary absence of the Mayor or disability to perform the duties of his or her office, the President Pro Tem of the Council shall perform the duties of Mayor until the Mayor shall return or such disability be removed; and during the time the President Pro Tem of the Council shall act as Mayor, the President Pro Tem shall receive the same compensation that the Mayor would be entitled to.
The style of the ordinances of the City shall be: "Be it ordained by the Council of the City of St. James, 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 Council shall vote therefor, and the ayes and nays shall be entered on the journal. Every proposed ordinance shall be introduced to the Council 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 Council. 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 Council. No bill shall become an ordinance until it shall have been signed by the officer presiding at the meeting of the Council at which it shall have been passed. When so signed, it shall be delivered to the Mayor for his/her approval and signature, or his/her veto.
Every bill presented to the Mayor and returned to the Council with the approval of the Mayor shall become an ordinance, and every bill presented as aforesaid, but returned with his/her objections thereto, shall stand reconsidered. The Council 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 votes on this question shall be taken by yeas 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 President 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 City Council, and shall also possess the power to approve all or any portion of the general appropriation bill, or to veto any item or all of the same; 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 Council, the same shall become a law without his/her signature.
The Council shall cause to be kept a journal of its proceedings, and the ayes and nays of the members shall be entered on any question at the desire of any two (2) members. The Council may prescribe and enforce such rules as may be necessary to secure the attendance of its members and the expeditious transactions of its business.
The Council shall publish a full and detailed statement of the receipts and expenditures and indebtedness of the City at the end of each fiscal year and six (6) months after the end of each fiscal year in a newspaper of general circulation in the City. Each such statement shall be for the six-month period preceding the date of the statement.
The Council shall have power to compel the attendance of witnesses and the production of papers relating to any subject under consideration in which the interest of the City is involved, and shall have power to call on the proper officer of the City, or of the county in which such City is located, to execute such process. The officer making such service shall be entitled to receive therefor such fees as are allowed by law for similar service, to be paid by the City. The President of the Council, or President Pro Tem, shall have power to administer oaths to witnesses.
The Mayor shall, from time to time, communicate to the Council 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 sign the commissions and appointments of all City officers elected or appointed in the City, and shall approve all official bonds.
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 have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under 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 the City by reason of any prosecution under the laws or ordinances of said City.
[CC 1985 § 2-27; Ord. No. 11 § 4, 11-17-1937; Ord. No. 1020, 2-6-2012]
A. 
Standing And Special Committees. The Mayor shall designate standing and special committees and appoint representatives to these committees as necessary. These committees will include:
1. 
Transportation Sales Tax (TST) Advisory Committee. This committee will include one (1) representative from each ward of the City to be appointed by the Mayor. The committee will also include a Council member as assigned by the Mayor. The TST Advisory Committee will meet annually to review the transportation sales tax collected and will work with staff to present an annual recommendation to the City Council for expenditures of these funds.
[CC 1985 § 2-30; Ord. No. 345 § 12, 4-23-1973]
When any new ward shall be created or set off and such new ward should include the residence of any member of the City Council whose term of office shall not, at the time of the formation of such new ward have expired, the office of such member shall not be considered vacant, but he/she shall be entitled to serve as Councilman for the remainder of the term for which he/she was elected.
[CC 1985 § 2-38; Ord. No. 13 §§ 1 — 3, 11-17-1973; Ord. No. 1020, 2-6-2012; Ord. No. 1021, 3-5-2012]
A. 
The Mayor shall be president of the Council and shall preside over same, but shall not vote except in case of a tie in said Council, when he/she shall cast the deciding vote; but provided, however, that he/she shall have no power to vote in cases when he/she is an interested party. He/she shall have the superintending control of all offices 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.
B. 
The Mayor shall preside at all meetings of the Council, sign all ordinances warrants, resolutions, obligations of indebtedness and all other official documents required by law, and cause the City Clerk to attest the same, and to place the Seal of the City thereon before they shall become effective; he/she shall make all appointments, as elsewhere by ordinance provided for, and in case of vacancy, he/she shall fill such vacancy by appointment, said appointee to serve until Council meets and appoints some suitable person to fill such vacancy, who shall be under the same obligations, discharge the same duties, and receive the same pay as though he/she had been regularly appointed.
C. 
The Mayor shall have power to sign or veto any ordinance passed by the City Council, and shall also possess the power to approve all or any portion of the general appropriation bill, or to veto any item or all of the same, 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 Council, the same shall become a law without his/her signature.
D. 
The Mayor shall also have the power to veto any resolution or order of the Council which calls for or contemplates the expenditure of the revenues of the City. Such vetoes shall be noted on the journal of the Council, and shall be effective and binding unless the Council, at a subsequent session thereof, general or special, shall pass said resolution or order by a vote of three-fourths (3/4) of all the members elected to the Council.
E. 
The Mayor shall, from time to time, communicate to the Council 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.
[CC 1985 § 2-19; Ord. No. 11 §§ 5, 6, 11-17-1937; Ord. No. 1041 § 1, 6-3-2013]
A. 
The City Council shall meet in regular session on the second Monday in each month, at the hour of 7:00 P.M., at the St. James Municipal Center, or some other convenient place in the City.
B. 
The City Council may hold adjourned meetings at any time, which shall be to all intents and purposes a continuation of the meetings of which they are adjournments, and the same proceedings may be held at such adjourned meetings as at the meetings of which they are adjournments.
[CC 1985 § 2-20; Ord. No. 13 § 2, 11-17-1937]
The Mayor may call the Council to meet in special meetings when, in his/her judgment, it is proper and necessary, at which meetings no other business shall be transacted other than that mentioned in the call, unless two-thirds (2/3) of the Council consent to the transaction of other business.
[CC 1985 § 2-23; Ord. No. 11, 11-17-1937; Ord. No. 1020, 2-6-2012]
At the regular meetings of the Council at the hour fixed for meetings, should a quorum be present, the Council shall proceed unless otherwise ordered, with the regular order of business as set by the City Council.
[CC 1985 § 2-24; Ord. No. 11 § 1, 11-17-1937]
A quorum for the transaction of business shall consist of a majority of all the members of the City Council.
[CC 1985 § 2-25; Ord. No. 11 § 1, 11-17-1937]
The council in its deliberations shall be governed by “Robert’s Rules of Order,” as amended from time to time.
[CC 1985 § 2-26; Ord. No. 11 § 1, 11-17-1937]
The council may temporarily, for passage of ordinances or transaction of other business, by a vote of two-thirds (2/3) of the members present, suspend any of the rules and regulations governing in the transaction of business, provided the action taken under such suspension be not in conflict with the Statutes of the State of Missouri concerning cities of the Third Class.