[R.O. 2008 § 110.110; R.O. 2007 § 110.110; Ord. No. 1184 § 16, 1-17-1985; Ord. No. 4017 § 1, 2-18-2000; Ord. No. 5609 § 2, 8-12-2010]
The City Council shall hold a regular
meeting on the second (2nd) and fourth (4th) Thursday of each month
at the City building beginning at 7:30 P.M. Should the second (2nd)
or fourth (4th) Thursday of any month fall on a legal holiday, the
regular meeting of the City Council of the City of O'Fallon shall
be rescheduled within that same month unless the Council by majority
vote cancels such meeting or reschedules such meeting to a date in
the following month.
[R.O. 2008 § 110.120; R.O. 2007 § 110.120; Ord. No. 1184 § 17, 1-17-1985; Ord. No. 5609 § 2, 8-12-2010]
Special meetings may be called from
time to time to be held in the City Hall of the City of O'Fallon or
such other place as designated at the time designated in the notice
thereof; such special meetings may be called by the Mayor or shall
be called by the Mayor at the request of three (3) Council members.
Notice of the special meetings shall be given in person or electronically
or by mail at least twenty-four (24) hours before the time set for
the meeting to all Council members then in the City and shall be posted
at the location designated for meeting notices pursuant to the City's
Open Meetings and Records Policy. If notice is by mail, it shall be
deposited in the United States mail at least thirty-six (36) hours
before the time set for the meeting.
[R.O. 2008 § 110.130; R.O. 2007 § 110.130; Ord. No. 1184 § 18, 1-17-1985; Ord. No. 5609 § 2, 8-12-2010]
The Mayor and members of the City
Council shall be required to attend all regular and special meetings
of the Council, unless leave of absence is granted by the Council,
or unless excused by the Mayor for illness or other special reasons.
[R.O. 2008 § 110.135; Ord. No. 5609 § 2, 8-12-2010]
The Mayor, as President of the City
Council, shall preside over the meetings of the City Council. At the
first (1st) regular meeting of the City Council after the election
in each year, the City Council shall elect one (1) of its members
President Pro Tempore, who shall hold his or her office for the term
of one (1) year, and who, in the absence of the Mayor, shall preside
at meetings of the City Council, and who shall have all the powers
and perform all the duties of Mayor whenever the Mayor shall be absent
from the City or for any cause shall be unable to discharge the duties
of the office; provided that in the absence of both the Mayor and
the President Pro Tempore, the City Council may select one (1) of
its members present to preside at its meeting who shall be designated
as Acting President Pro Tempore. The President Pro Tempore acting
as the Presiding Officer shall not cast a second (2nd) vote to break
a tie vote.
[R.O. 2008 §110.140; R.O. 2007 § 110.140; Ord. No. 1184 § 19, 1-17-1985; Ord. No. 5609 § 2, 8-12-2010]
At the hour appointed, the Mayor
or, in his/her absence, the President Pro Tempore or Acting President
Pro Tempore of the City Council shall call the City Council to order,
the Clerk shall call the roll of members and announce whether or not
a quorum is present. A simple majority of the Council members shall
constitute a quorum. If a quorum is not present, a smaller number
may adjourn the meeting from day to day until a quorum is present.
[R.O. 2008 § 110.145; Ord. No. 6454, 3-22-2018; Ord. No. 6480, 7-12-2018]
A.
Order. The order of events associated with
all regular meetings of the Council shall be substantially as follows:
1.
Invocation;
2.
Pledge of Allegiance;
3.
Call to Order and Roll Call;
4.
Approval or Amendment of the Agenda;
5.
Presiding Officer's Report;
6.
Citizen Comments;
7.
Ward Reports;
8.
City Administrator's Report;
9.
Committee and Commission Reports;
10.
Consent Agenda;
11.
Old Business;
12.
New Business;
13.
Adjournment.
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The City Council, by majority vote
of the members present, may change the order of business.
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B.
Establishment. The agenda shall be established by the City Administrator in accord with Section 115.060; provided, however, that, any item requested by the Mayor or any member of the City Council shall be included on the agenda.
C.
Consent Agenda. At the time of establishing
the agenda, the Mayor may include one (1) or more of the following
items of business on the agenda as being on the consent agenda:
1.
Minutes of City Council Meetings;
2.
Acceptance, Conveyance and Vacation
of property interests;
3.
Approval of Licenses;
4.
Approval of Development Escrow Transactions,
Storm Water Agreements, and Similar Administrative Development Activities;
5.
Approval of City Contracts, Purchases
and Similar Administrative Matters.
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At the request of the Mayor or one
(1) or more members of the City Council an item of business shall
be removed from the consent agenda and considered separately.
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The City Council, by a majority vote
of the members present, may approve and adopt the consent agenda by
a single motion. Upon approval of the consent agenda, each item thereon
shall be deemed passed, approved and adopted, as if considered individually.
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[R.O. 2008 § 110.150; Ord. No. 2029 § 8, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010]
All special committees shall be appointed
by the Presiding Officer, unless otherwise directed by the City Council.
The only standing committee of the City Council shall be the committee
of the whole. The Mayor shall be the Presiding Officer of the committee
of the whole and the rules of proceedings in the City Council shall
be observed in the committee of the whole as far as the same may be
applicable.
[R.O. 2008 § 110.160; R.O. 2007 § 110.240; Ord. No. 2029 § 10, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010]
A.
Single Subject—Clear Title. No ordinance,
except those making appropriations of money and those codifying or
revising existing ordinances, shall contain more than one (1) subject
which shall be clearly expressed in its title. Ordinances making appropriations
shall be confined to the various subjects and accounts for which monies
are appropriated.
B.
Preparation Of Ordinances. All ordinances
shall be prepared or approved by the City Attorney. All such ordinances
shall be introduced to the City Council in printed or written form.
C.
Introduction For Passage Or Approval. Items
shall be placed on a Council agenda at the request of the Mayor or
when requested by any member of the City Council. Ordinances, resolutions
and other matters of subjects requiring action by the City Council
should be introduced by a member of the Council or the Mayor, except
that the City Administrator or City Attorney may present ordinances,
resolutions and other matters or subjects to the Council, and any
member of the Council or the Mayor may assume sponsorship thereof
by moving that such ordinances, resolutions, matters or subjects be
adopted; otherwise, same shall not be considered.
D.
Council members shall recuse themselves
from taking action on any bill, resolution, motion or other matter
involving their own official conduct or a conflict of their disclosed
personal interest. Any recused Council member shall not participate
in the discussion and shall abstain from voting on said item.
[R.O. 2008 § 110.165; Ord. No. 5609 § 2, 8-12-2010]
A.
The identification of a sponsor for a bill
shall only be preliminary and presumptive until the initial agenda
where that bill appears as an action item is approved by the Council.
B.
If a bill is added to an agenda as a result
of a proposal brought to the Council by a specific member or members,
the proposed agenda shall identify that member or those members as
presumptive sponsors for that legislation regardless of the subject
matter of the bill or the process by which it comes to the agenda.
C.
If a bill concerns a unique or geographically
isolated matter wholly within one (1) ward, the agenda shall identify
the members from that ward as the presumptive sponsors for that bill.
D.
If a bill is added to an agenda as an administrative
matter or at the request of City management, the agenda shall identify
the Mayor as the presumptive sponsor of that bill.
E.
If a bill is added to an agenda following
review or recommendation of a City advisory body, the agenda shall
identify that member or those members who are Council appointee(s)
or liaison to that advisory body as presumptive sponsor(s) of that
bill.
F.
Any presumptive sponsor of a bill may decline
to act as sponsor at any time prior to the adoption of the agenda
where that bill first appears as an action item.
G.
If a bill is a matter which requires definitive
and final action by the Council (e.g., because an applicant has complied
with all appropriate procedures and is entitled to a decision on the
license, permit or other matter applied for) and no member is willing
to sponsor the bill, the sponsor shall be identified as the Council
as a whole so that the matter may be properly considered.
H.
The rights and prerogatives of the sponsor
of a bill may be exercised by the sole sponsor, by either sponsor
if there are two (2) sponsors or by a majority of the sponsors if
there are more than two (2).
I.
A member wishing to be added as a sponsor
of a given bill may do so only:
[R.O. 2008 § 110.170; Ord. No. 5609 § 2, 8-12-2010; Ord. No. 6725, 10-22-2020]
A.
The style of the ordinances of the City
shall be: "Be it ordained by the Council of the City of O'Fallon,
Missouri, as follows:".
B.
No ordinance shall be passed except by
bill. All bills shall be numbered consecutively and shall identify
the sponsor(s) of that bill.
C.
No bill shall become an ordinance unless
on its final passage a majority of the entire City Council shall vote
in the affirmative for its passage. Voting on all ordinances, amendments
and resolutions other than commendations and ceremonial resolutions
shall be by roll call vote and the "ayes" and "nays" shall be entered
on the journal.
D.
When a bill is reached in its order to
be agreed to and read a second time and placed upon its final passage,
it may, upon the request of the sponsor thereof, be laid over informally
and thereafter called up by the sponsor at any time when otherwise
in order. The prerogative of a sponsor to layover a bill may be exercised
by either sponsor if there are fewer than three (3) sponsors or by
concurrence of a majority of the sponsors if there are more than three
(3) sponsors. All bills laid over informally and not taken up and
disposed of at the same meeting shall appear in order upon the agenda
for the next following regular City Council meeting. If a bill laid
over informally is not taken up for further consideration within three
(3) regular City Council meetings after being so laid over, it shall
lie upon the table and be dropped from the agenda of the City Council
without further action of the City Council.
E.
Every proposed ordinance shall be introduced
to the Council in writing and shall be read two (2) times prior to
passage. The reading of a bill by its title shall be deemed sufficient
reading unless further reading is called for. If further reading is
called for, and no objection made, the bill shall be read at length.
If, however, objection be made, the question shall be determined by
the majority of the City Council.
F.
Copies of a proposed ordinance shall be
made available for public inspection in the office of the City Clerk.
G.
The vote on the final passage of a bill
shall be taken after the second (2nd) reading. The final vote on a
bill shall not be taken at the same meeting at which the bill is introduced.
Unless waived or suspended as hereinafter provided, at least ninety-six
(96) hours shall intervene between the convening of a City Council
meeting at which a bill is first introduced and the convening of a
subsequent meeting at which the bill shall be considered for final
passage. Waiver or suspension of two (2) meeting and time limitation
requirements of this section shall be allowed unless three (3) or
more Council members object.
H.
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.
I.
Every ordinance passed by the Council and
subsequently approved by the Mayor or passed over the Mayor's veto
as provided by law shall take effect from and after the date of its
passage by the Council unless a later effective date is expressly
provided in the ordinance.
[R.O. 2008 § 110.180; R.O. 2007 § 110.310; Ord. No. 2029 § 17, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010]
The City Council is considered to
be a continuous body although its members may and do change from time
to time. Thus matters of a legislative nature that have been lawfully
begun by a preceding City Council can be carried through to their
completion by the succeeding Council and be made effective. Except
in cases where vested rights may be violated, or the rights of other
parties may have intervened, the City Council generally has the right
to rescind or repeal any of its acts or the acts of any prior Council.
[R.O. 2008 § 110.190; R.O. 2007 § 110.320; Ord. No. 1184 § 24, 1-17-1985; Ord. No. 5609 § 2, 8-12-2010]
The Council hereby adopts Robert's
Rules of Order, except when otherwise provided for in the Charter
or by ordinance, and any question arising thereunder shall be decided
by the Mayor, subject to appeal to the City Council by any member.
[R.O. 2008 § 110.200; R.O. 2007 § 110.190; Ord. No. 2029 § 5, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010; Ord.
No. 6721, 10-8-2020[1]]
Persons interested in a bill or other
item on a Council agenda shall be afforded an opportunity to be heard
before the City Council during a public comment portion of each meeting.
Speakers shall address only topics that are included on that meeting's
agenda. If a speaker does not address or ceases to address an agenda
topic the Presiding Officer or any Councilmember may raise a point
of order. If the point of order is well taken the balance of the speaker's
time shall be forfeited. The Council may, by a majority vote of the
members then present, withdraw the opportunity for public comment
at a given meeting so long as no bill which has been introduced shall
be finally acted upon unless there shall have been at least one (1)
opportunity for public comment prior to such action. Each person addressing
the City Council shall step up in front of the designated microphone,
shall give his/her name and address in an audible tone or voice for
the records, and unless further time is granted by the Council, shall
limit his/her address to three (3) minutes. All remarks shall be addressed
to the City Council as a body and not to any individual member thereof.
No person, other than the City Council and the person having the floor,
shall be permitted to enter into any discussion, either directly or
through a member of the Council, without the permission of the Presiding
Officer. No question shall be asked a Council member except through
the Presiding Officer.
[1]
Editor's Note: Ord. No 6721 also changed the
title of this Section from "Manner of Addressing City Council —
Time Limit" to "Manner of Addressing City Council — Agenda Matters
Only; Time Limit."
[R.O. 2008 § 110.210; R.O. 2007 § 110.200; Ord. No. 2029 § 6, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010]
A.
By Council Members. While the City Council
is in session, the members must preserve order and decorum and a member
shall neither by conversation or otherwise delay or interrupt the
proceedings or the peace of the Council nor disturb any member while
speaking or refuse to obey the orders of the Council or its Presiding
Officer, except as otherwise herein provided.
B.
By Others. Any person making personal attacks
or slanderous remarks about another, or who shall become boisterous
or disturb the order of the meeting while addressing the City Council
or at any time during a Council meeting, may be forthwith barred by
the Presiding Officer from further audience before the Council unless
permission to continue is granted by a majority vote of the Council.
[R.O. 2008 § 110.220; R.O. 2007 § 110.210; Ord. No. 2029 § 7, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010]
The Chief of Police, or such member
or members of the Police Department as he/she may designate, shall
be sergeant at arms of the City Council meetings. However, said attendance
and function shall be subject to the discretion of the Presiding Officer
of the City Council. As sergeant of arms, said member or members of
the Police Department shall carry out all orders and instructions
given by the Presiding Officer for the purpose of maintaining order
and decorum at the City Council meeting.
[R.O. 2008 § 110.230; R.O. 2007 § 110.250; Ord. No. 2029 § 11, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010]
A member of the City Council is under
a duty to vote for or against every bill presented. In the event the
member of the City Council states that he/she is abstaining on a question,
issue or motion to be voted on by the City Council, such abstention
shall be recorded as a vote with the majority of the votes cast unless
said member states that the basis for his/her abstention from voting
is that he/she is prohibited from voting on said question, issue or
motion as a result of a conflict of interest as defined and provided
for in the ordinances of the City and the Revised Statutes of Missouri.
[R.O. 2008 § 110.240; R.O. 2007 § 110.260; Ord. No. 2029 § 12, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010]
A member of the City Council voting
on any motion, issue or question shall have the right to change his/her
vote thereon at any time prior to the declaration by the Presiding
Officer of the Council of the final vote upon said motion, question
or issue. After such declaration by the Presiding Officer a member
shall be allowed to change his/her vote only pursuant to a motion
to reconsider.
[R.O. 2008 § 110.250; R.O. 2007 § 110.290(K); Ord. No. 2029 § 15, 6-4-1992; Ord. No. 5609 § 2, 8-12-2010]
Upon the declaration of a vote by the Presiding Officer on any question, issue, motion, bill, ordinance or resolution, any member who voted with the majority may move for a reconsideration of the matter at the same or the next succeeding meeting at the request of a member who voted with the majority, provided that said question, issue, motion, ordinance or resolution must be expressly placed upon the agenda for said succeeding meeting, and, further provided, that the resolution or ordinance authorizing or relating to any contract may be reconsidered at any time before the final execution thereof. A motion to reconsider an ordinance or resolution shall require the same number of votes for passage as is required to adopt an ordinance or resolution. A motion to reconsider any other matter shall require approval of the majority of those members present and voting on said issue, including those votes deemed cast as provided in Section 110.230 above. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the consent of two-thirds (2/3) of the members of the City Council present. The term "next succeeding meeting", as used herein, shall mean the next succeeding regularly scheduled meeting of the City Council unless such matter involved be expressly placed upon the agenda of a duly called special meeting of the Council.
[R.O. 2008 § 110.260; Ord. No. 4890 § 1, 8-16-2005; Ord. No. 5609 § 2, 8-12-2010]
The City Council of the City of O'Fallon,
Missouri, express their opposition to, and their present intention
not to use, eminent domain to take private property for economic development
purposes but instead to limit its use for public uses including, but
not limited to, acquisition of private property for public parks,
public streets, public roads, public highways, public sidewalks, public
water system improvements, public sanitary sewer system improvements,
public stormwater system improvements, and the like.
