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/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 Kennett, 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 (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.
[R.O. 1997 § 110.200; CC 1929 § 1026]
Every ordinance when passed and approved by the Mayor, or when it shall become a law, shall be sent to the City Clerk and by him/her numbered, filed and recorded in a book provided for that purpose and indexed and preserved in his/her office, and no special or general ordinances of prior dates shall be valid or effectual until such prior ordinances or the conflicting parts thereof are repealed.
[R.O. 1997 § 110.210; CC 1929 § 73]
The Council has no power to relieve any person from the payment of any tax, or exempt any person from any assessment or other burden imposed upon him/her by law.
[R.O. 1997 § 110.240; CC 1929 § 76]
The compensation of all officers and employees of the City shall be fixed by the Council; but the salary of an officer shall not be changed during the time for which he/she was elected or appointed.
[R.O. 1997 § 110.250; CC 1929 § 77]
No member of the City Council shall be permitted to vote for or against any ordinance appropriating money, or for the allowance of any account or claim, or for the award or approval of any contract in which such member is directly or indirectly interested; and any ordinance, resolution or motion having passed by the vote of such interested member shall be deemed illegal and of no effect.
[R.O. 1997 § 110.260; CC 1929 § 80]
Resignations of Councilmen shall be in writing and addressed to the Mayor and the Council.
[R.O. 1997 § 110.150; CC 1929 § 68; Ord. No. 2326 § 1 — 3, 4-20-1993; Ord. No. 2898 § 1, 8-7-2012]
A. 
The City Council of Kennett, Missouri, shall hold and conduct a regular but informal work session and a regular formal meeting on the first and third Tuesdays of each month at 6:30 P.M. The regular formal meeting shall immediately follow the informal work session.
B. 
No formal vote shall be taken at the regular informal work session.
C. 
Any proposed ordinance from the work session that is to be passed to a regular formal meeting for approval shall not be submitted during the regular formal meeting that same evening but shall be passed to the next regularly scheduled formal meeting, except in those cases where exigent circumstances exist and the Council deems it necessary to submit the matter for approval immediately after the work session.
[R.O. 1997 § 110.160; CC 1929 § 69; Ord. No. 1551 § I, 4-17-1973; Ord. No. 2748 § 1, 11-15-2005]
The Mayor or any six (6) Councilmen may call a special meeting of the Council at any time, by causing the Chief of Police to serve a notice upon members of the Council of the time fixed for such special meeting, or by reading the same to and within the hearing of said Councilmen, or if they be not found, by leaving a copy of such notice at the usual place of residence of each Councilman, with some member of his/her family above the age of fifteen (15) years, or with his/her clerk, agent, or representative, at his/her usual place of business. Said notice shall state the purpose for which such meeting is called and the time of holding the same. Said notice shall be filed with the City Clerk with the return of the Chief of Police or other Police Officer serving the same. In addition to any other requirements herein stated, such notice shall comply with Chapter 610, RSMo.
[R.O. 1997 § 110.270; CC 1929 § 83, Ch. 13 § 217; Ord. No. 2748 § 1, 11-15-2005]
The Chief of Police shall be ex officio Sergeant-At-Arms of the Council, and shall attend all its meetings and execute all its orders, notices and mandates. He/she shall keep the Council Chamber in order.
[R.O. 1997 § 110.290; CC 1929 § 94]
A. 
The following rules and order of business is hereby adopted for the government of the City Council:
1. 
A majority of the members elected to the Council shall constitute a quorum to do business.
2. 
All meetings shall be conducted in accordance with Robert's Rules of Order.
3. 
The Council may, at any time, elect a President for the time being, who shall exercise the duties of such office during the absence of the Mayor and President Pro Tem.
4. 
At the hour designated for the Council meetings the Mayor shall call the Council to order, and if a quorum be present, call for correction and approval of the minutes of the last preceding meeting. He/she shall preserve order and decorum, and decide upon all questions of order, subject to an appeal to the Council. He/she shall appoint all committees, subject to the concurrence of the Council, the appointment or election of which is not otherwise provided for by this Chapter.
5. 
Every member who shall be present when a question is stated by the chair shall vote thereon, unless excused by the Council, or unless he/she be directly or indirectly or particularly interested in the question, in which case he/she shall not vote.
6. 
Papers And Documents. No files or other documents shall be taken from the office of the City Clerk, except by the City Counselor or City Engineer. All such documents shall be receipted for by the City Counselor or the City Engineer and returned promptly when said officers are through using them.
7. 
These rules may be temporarily suspended by unanimous consent of all the members present, but shall not be repealed, altered or amended unless by concurrence of two-thirds (2/3) of all the council-elect. No standing rule or order of the Council shall be rescinded or changed, or new rules introduced, unless notice of the motion therefor shall have been given at a preceding meeting.