A.
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.
B.
Nor
shall any person be elected an Alderman who is in arrears for any
tax, lien, forfeiture or defalcation in office, and all members of
the Board shall hold their office for a term of four (4) years.
[R.O. 1994 § 105.080; Ord. No.
91-1 § 4.8, 2-12-1991; Ord. No. 2021-01, 1-12-2021]
[1]
State Law Reference: As to when Aldermen may be elected at
large, § 79.060, RSMo.
[Ord. No. 2016-36, 10-11-2016]
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. No person shall be Mayor unless they are a voter
under the laws and constitution of this State and the ordinances of
the City. No person shall be elected nor appointed Mayor who shall
at the time be in arrears for any unpaid City taxes, or forfeiture
or defalcation in office.
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.
[R.O. 1994 § 110.180; Ord. No.
89-8 § 18, 5-9-1989]
A.
Preparation Of Ordinances. All ordinances shall be prepared or approved
by the City Attorney. No ordinance shall be prepared for presentation
to the Board unless ordered by the majority vote of the Board present,
or requested in writing by the Mayor or City Administrator, or prepared
by the City Attorney on his/her own initiative. All such ordinances
shall be introduced to the Board of Aldermen in printed or written
form.
B.
Prior Approval By Administrative Staff. All ordinances, resolutions
and contract documents shall, before presentation to the Board, have
been approved as to form and legality by the City Attorney or his/her
authorized representative, where there are substantive matters of
administration involved. All such instruments shall have first been
referred to the head of the department under whose jurisdiction the
administration of the subject would devolve and be approved by said
department head; provided however, that if approval is not given,
then the same shall be returned to the Mayor or City Attorney with
a written memorandum of the reasons why such approval is withheld.
In the event the questioned instrument is not redrafted to meet a
department head's objection, or objection is not withdrawn and approval
in writing given, then the Mayor or City Administrator shall so advise
the Board and give the reasons advanced by the department head for
withholding approval.
C.
Introduction For Passage Or Approval. Ordinances, resolutions and
other matters or subjects requiring action by the Board must be introduced
and sponsored by a member of the Board, including the Mayor, except
that the City Administrator or City Attorney may present ordinances,
resolutions and other matters or subjects to the Board and any member
of the Board, including the Mayor, may assume sponsorship thereof
by moving that such ordinances, resolutions, matters or subjects be
adopted; otherwise, same shall not be considered.
D.
Reading Of Ordinances. All ordinances, except those provided in Subsection (E) hereof, shall not be passed until they shall have been read at two (2) regular or special meetings of the Board of Aldermen. Each ordinance other than as provided within Subsection (E) hereof, after adoption of its first reading shall be taken up by the Board at its next session, regular or special, and shall be read the second time, by title only or as otherwise directed by the Board, and thereupon shall be open for debate and amendment. At the close of debate the Presiding Officer shall entertain a motion to place such ordinance on final passage. The motion for final passage shall not be debated and shall take precedence over all other motions except one for adjournment. Upon being duly seconded, the Presiding Officer shall immediately put the motion to the Board. If said motion is adopted, no further debate or amendments shall be allowed, and the Clerk shall immediately call the roll for final passage. If such motion not be adopted, the ordinance shall still be open for debate and amendment until such time as a motion for final passage is adopted.
E.
One Meeting Ordinances. All appropriation ordinances may be adopted
by the Board at one (1) meeting. Any ordinance may be adopted by the
Board at a single meeting upon a motion being adopted by an affirmative
vote of two-thirds (2/3) of the members of the Board present, but
in no event less than four (4) such affirmative votes.
F.
Number Of Votes Necessary For Adoption Of Ordinances Or Resolutions.
All ordinances or resolutions prior to adoption must receive at least
four (4) affirmative votes, including the vote of the Mayor in the
event of a tie vote by the remaining members of the Board of Aldermen.
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. 1994 § 105.050; Ord. No.
6 § 4, 8-26-1966]
The Mayor and City Clerk shall have power to administer oaths
or affirmations on all lawful occasions.
[R.O. 1994 § 105.101; Ord. No.
2009-01 § 1, 1-13-2009; Ord. No. 2009-41, 11-10-2009; Ord. No. 2010-42, 9-14-2010]
A.
Each member of the Board of Aldermen shall receive such compensation
for his/her services as shall from time to time be enacted by the
Board of Aldermen payable out of the general revenue of the City in
such manner as the Board of Aldermen shall direct.
B.
The compensation paid to the Mayor for his/her services to the City
of Lake Ozark shall be five hundred dollars ($500.00) per month beginning
the first month after the election of the Mayor in April 2009.
C.
The compensation paid to each member of the Board of Aldermen for
his/her services to the City of Lake Ozark shall be two hundred fifty
dollars ($250.00) per month beginning on the first month after the
election of the Aldermen in April 2009.
[R.O. 1994 § 105.140; Ord. No.
91-1 § 4.4, 2-12-1991; Ord. No. 2008-16, 4-8-2008]
A.
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
be/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 this Code or other
ordinances of the City and the State laws relating to such City are
complied with.
B.
In addition to the duties listed above, the Mayor shall also:
[R.O. 1994 § 105.210; Ord. No.
6 § 3, 8-26-1966]
The Mayor and members of the Board of Aldermen, Chief of Police
and Police Officers shall be conservators of the peace within the
City, and as such may exercise the powers conferred on them by the
ordinances of the City and the Statutes of the State of Missouri.
