[R.O. 1994 §§ 105.410, 105.430; Ord. No. 91-1 § 4.52, 2-12-1991; Ord. No. 2008-16, 4-8-2008; Ord. No. 2008-20, 4-22-2008]
A. The Board of Aldermen shall elect a Clerk for such Board, to be known
as "the City Clerk," whose duties and term of office shall be fixed
by ordinance. Among other things, the City Clerk shall:
1.
Safely and properly keep all the records and papers belonging
to the City which may be entrusted to his/her care; he/she shall be
the general accountant of the City.
2.
Keep, or cause to be kept, all approved ordinances, resolutions
and minutes of all City boards, commissions and committees in an official
book designated therefor in the following manner:
a.
He/she shall keep official books titled:
(1) "The Ordinances of the City of Lake Ozark";
(2) "The Resolutions of the City of Lake Ozark";
(3) "The Official Minutes of the Board of Aldermen";
and
(4) "The Official Minutes of the [insert commission
or committee title here] of the City of Lake Ozark".
b.
Said books shall be kept in the following manner:
(1) He/she shall produce three (3) copies of all adopted
and approved ordinances and resolutions, each signed in original by
the Mayor, within three (3) days of said adoption or approval and
said documents shall be kept as follows:
(a) One (1) original of each type of document shall
be maintained in an official book specified for each type of document;
(b) One (1) original of each type of document shall
be provided to the City Attorney for off-site storage; and
(c) One (1) original of each type of document shall
be placed in the general files of the City of Lake Ozark, marked as
"ORIGINAL," for the purpose of reproduction for distribution of documents.
(2) He/she shall produce two (2) copies of all minutes
of meetings of the Board of Aldermen, Planning and Zoning Commission,
TIF Commission or any other commission or committee of the City, each
signed in original by the Mayor or the respective committee or commission
chairperson within three (3) days of the adoption thereof and said
documents shall be kept as follows:
(a) One (1) original of such minutes shall be maintained
in an official book specified for each body generating said minutes;
and
(b) One (1) original of such minutes shall be placed
in the general files of the City of Lake Ozark, marked as "ORIGINAL,"
for the purpose of reproduction for distribution of documents.
c.
Said books shall be kept in the custody of the City Clerk and
shall bear the responsibility of sole custody of such records. In
the event of death, illness or unforeseen circumstances that the City
Clerk is not able to perform his/her obligations as sole custodian
of such City records, the records may be accessed by the Mayor, the
City Administrator and the President of the Board of Aldermen and
all three (3) shall be present at any time any such books/files are
opened.
d.
He/she shall cause to be kept such original official records
in a fire-proof and intrusive-proof safe at City Hall, with access
to said files allowable only in the presence of the City Clerk.
e.
He/she shall cause an electronic copy of the Municipal Code
for the City of Lake Ozark to be maintained and continuously updated
and published on the official website for the City. Said electronic
copy shall reference:
(1) The date on which it was last revised; and
(2) That number and date of each ordinance contained
therein.
3.
He/she is hereby empowered to administer official oaths and
oaths to persons certifying to demands or claims against the City.
4.
The City Clerk shall, in addition to other duties which are
or may be required of him/her by this Section or other ordinances,
attend all meetings of the Board of Aldermen.
a.
He/she shall have custody of the books, records, papers and
documents belonging to the City.
b.
He/she shall prepare all certificates of election or appointment
of the City Officers and deliver the same to the persons elected or
appointed.
c.
He/she shall countersign all City bonds, warrants, drafts and
orders upon the Treasury for money and shall see that all ordinances
appropriating money out of the Treasury are endorsed by the Treasurer
before passage and shall affix thereto a Seal of the City and keep
a record thereof showing the number, date and amount thereof, the
name of the person to whom, and on what account issued and when redeemed.
d.
He/she shall record the certificates, oaths and bonds of all
the City Officers.
e.
He/she shall keep an index of the records of the proceedings
of the Board of Aldermen.
f.
He/she shall furnish within a "reasonable time" (such time being
defined as the time permitted in accordance with Chapter 610, RSMo.)
to any person, when called upon during business hours to do so, certified
copies of any records, books or papers which are in his/her custody,
for which services a reasonable fee to be set by City ordinance may
be charged and which shall be paid by the person demanding such certified
copy into the Treasury of the City.
B. The
City Clerk shall be under the direction and supervision of the City
Administrator who shall be responsible for performing periodic performance
reviews.
[Ord. No. 2022-40, 11-8-2022]
[R.O. 1994 § 105.415; Ord. No.
2008-16, 4-8-2008]
A. The City Clerk shall insure all records are properly kept and maintained in the manner prescribed by Section
115.290. It shall be the responsibility of the City Clerk to inform the Mayor of any lost or destroyed records of the City of Lake Ozark immediately upon such loss or destruction.
B. In the event an ordinance or resolution of the Board of Aldermen
and signed by the Mayor is lost or destroyed for any reason:
1.
The most recent published revision of the Municipal Code for
the City of Lake Ozark shall be the binding law for the City of Lake
Ozark, except where such ordinance is ratified as provided for herein
below;
2.
A certified copy of such ordinance or resolution, or a copy
of such ordinance or resolution, demonstrating it was signed by the
Mayor, together with a certified copy of the minutes from the meeting
of the Board of Aldermen at which it was passed, shall be deemed acceptable
as the original ordinance;
3.
Such lost or destroyed documents may be restored into the official
record of the City as follows:
a.
Should the Mayor, then in office, be the same Mayor who was
in office at the time the ordinance or resolution was duly approved
by the Board of Aldermen, as demonstrated by the duly approved minutes
showing such approval, the Mayor shall be authorized to sign such
restored originals, provided that the Board of Aldermen are immediately
notified in writing that such ordinance or resolution has been lost
or destroyed and that such action is being taken by the Mayor.
b.
Should the Mayor, then in office, not be the same Mayor who
was in office at the time the ordinance or resolution was duly approved
by the Board of Aldermen, as demonstrated by the duly approved minutes
showing such approval, but the record of the adoption of such is duly
recorded in the journal of the Board of Aldermen, the ordinance or
resolutions shall be ratified as follows:
(1) The City Clerk shall present to the Board of Aldermen
and the City Attorney the journal of the Board of Aldermen and all
records pertaining or related to the adoption of the lost or destroyed
ordinance or resolution;
(2) The City Clerk and the City Attorney shall prepare
or reproduce an identical ordinance or resolution for ratification
by the Board of Aldermen by majority vote;
(3) If the Board of Aldermen is satisfied that ordinance
or resolution presented for ratification is identical to the lost
or destroyed ordinance or resolution, it may, by simple majority,
ratify said ordinance or resolution for approval by the Mayor.
4.
Any lost or destroyed ordinance or resolution ratified in accordance
with the provisions of this Section shall be effective as of the date
the lost or destroyed ordinance or resolution was adopted as is reflected
in the journal of the Board of Aldermen.
C. In the event any document of any committee or commission is lost
or destroyed for any reason, said committee or commission shall ratify
a copy of any such document.
D. In the event any other document of the City is lost or destroyed,
said documents shall be replaced consistent with the provisions hereof
and applicable State or Federal law.
[R.O. 1994 § 105.420; Ord. No.
91-1 § 4.51, 2-12-1991]
The City Clerk shall be at least twenty-one (21) years of age
to be eligible for such office.
[R.O. 1994 § 105.440; Ord. No.
91-1 § 4.53, 2-12-1991]
A. The salary of the City Clerk shall be such as from time to time the
Board of Aldermen shall fix by ordinance. Generally such time shall
be from fiscal year to fiscal year in accordance with the City Budget.
B. Every person who shall hold the office of City Clerk of the City
of Lake Ozark, Missouri, shall, before entering upon the discharge
of the duties of such office, give bond to the City in the sum of
fifty thousand dollars ($50,000.00), conditioned upon the faithful
performance of the duties of such office and the paying over of all
monies belonging to said City, which may come into his/her hands,
in the manner provided by law. Such bond may be a surety bond, issued
by some responsible firm regularly engaging in such business, or one
bearing the undertaking of no less than two (2) individual sureties
satisfactory to the Board of Aldermen.
[R.O. 1994 § 105.450; Ord. No.
91-1 § 4.54, 2-12-1991]
A. Upon temporary disability or inability of the City Clerk to perform
his/her duties as set forth in this Code or other ordinances of the
City due to illness, absence from the City or other cause, the Mayor
shall proceed to appoint a Temporary City Clerk who shall have the
same powers and duties as the regular City Clerk and shall hold office
until the next meeting of the Board of Aldermen at which time the
vacancy shall be filled by said Board.
B. Such temporary City Clerk shall receive as compensation such salary
as the City Administrator shall provide for at the time of appointment
of such officer.