[CC 1985 § 2-16]
Until otherwise provided by ordinance, the City Council shall
consist of eight (8) members, two (2) of whom shall be chosen from
each ward of the City in accordance with the provisions of the laws
of the state governing cities of the third class.
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.
[CC 1985 § 2-18]
Whenever a Councilman
removes from the ward in which he/she is Councilman, such office shall
thereby become vacant and the Council shall so declare of record.
The style of the ordinances of the City shall be: "Be it ordained
by the Council of the City of Marshall, Missouri, 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
(⅔) 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.
[CC 1985 § 2-44]
All ordinances passed by the Council shall be recorded by the
City Clerk in a proper book or books, with indexes. The originals
shall be filed in the City Clerk's office; and due proof of the
publication of all ordinances requiring publication, by the certificate
of the publisher or printer, shall be procured by the Clerk, and attached
thereto, or written and attested upon the face of the record of such
ordinance.
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 (6) 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.
[CC 1985 § 2-34]
A.
The
Mayor shall sign the commissions and appointments of all officers
elected or appointed in the City, and approve all official bonds.
B.
He/she
shall sign all licenses issued and warrants drawn upon the City treasury
for money and cause the City Clerk to attest the same, and affix thereto
the Seal of the City to keep proper record thereof in books to be
provided for that purpose.
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 § 2-1; Ord. No. 5947 § 3, 2-21-1984; Ord. No. 6047 § 3, 12-17-1984; Ord. No. 6676 § 1, 2-1-1993]
For the purpose of properly conducting the government of the
City, the Council hereby creates the Departments of Police, Fire,
Emergency Management, Inspection, City Clerk, Finance, Municipal Services,
Band and Airport.
[CC 1985 § 2-21]
Resignations of Councilmen shall be in writing and addressed
to the president of the Council.
[CC 1985 § 2-20]
Each member of the Council shall receive as compensation for
his services such sum as shall be provided by resolution or ordinance.
