[R.O. 2008 §105.010; Ord. No. 4882 §1, 5-14-1990]
A.
The
City of Maryville, Missouri, was incorporated as a Third Class City
at special election held on September 7, 1954.
B.
At
special election held on April 21, 1953, the City adopted the Council
Manager form of Government.
C.
Such
governmental form shall be on a non-partisan basis.
[1]
Note — Such election was called under Ord. No. 2477
and confirmed under Ord. No. 2482.
State Law Reference — The city is now governed under
§§78.430 to 78.640, both inclusive, RSMo.
[R.O. 2008 §105.020; Ord. No. 4882 §1, 5-14-1990]
The fiscal year of the City shall begin on October first (1st),
and end on September thirtieth (30th).
[1]
Note — Such election was called under Ord. No. 2477
and confirmed under Ord. No. 2482.
[R.O. 2008 §105.030; Ord. No. 4882 §1, 5-14-1990]
[R.O. 2008 §105.035; Ord. No. 5468 §1, 10-14-1996; Ord. No. 8420, 11-8-2021]
A.
Date
Of General Election. A general election for the expiring vacancies
of elective officers of this City shall be held on the first (1st)
Tuesday after the first (1st) Monday in April of each year.
B.
Filing
Of Candidates. Any person desiring to seek election for any elective
City office at any general City election may do so by filing their
name and the office for which they seek election with the City Clerk
during the filing period. The filing period shall be seventeen (17)
Tuesdays before the election date to fourteen (14) Tuesdays before
the election date. The Clerk shall keep a permanent record of the
names of the candidates, the offices for which they seek election
and the date of their filing. Their names shall appear on the ballot
in that order.
C.
Qualifications Of Candidates. Any person who is not qualified for office as provided by State law or Section 105.040 of the City Code shall not be entitled to have their name printed on the ballot. The qualifications of the candidate for office shall be determined by the City Council upon hearing given, upon its own motion, or upon written affidavit by some person that a named candidate is not qualified as such for the office sought.
D.
Conformance
Of City Elections With State Law. All City elections shall be conducted
and held in conformance with the provisions of the State election
laws.
E.
Conduct
Of Election By County Clerk. The Nodaway County Clerk, as the designed
election authority, shall conduct City elections.
F.
Notice
Of City Election. The City Clerk shall notify the Nodaway County Clerk
prior to 5:00 P.M. on the tenth (10th) Tuesday prior to any City election
of the forthcoming City election. The notice shall be in writing and
shall specify that the City is calling the election, the purpose of
the election, the date of the election, and it shall include a certified
copy of the legal notice to be published and the sample ballot.
G.
Voters'
Qualifications. All residents of the City who are qualified and properly
registered voters in accordance with State law shall be entitled to
vote at City elections. In order to vote at any City election, a person
must be registered no later than 5:00 P.M. on the fourth (4th) Wednesday
prior to the election.
H.
Designation
Of Polling Places And Judges — Election Costs. The election
authority shall designate the polling places in all City elections.
The election authority shall appoint all election judges. The City
shall pay the election costs required by the election authority conducting
its election.
I.
Special
Election Dates. Authorized dates for special City elections are the
first (1st) Tuesday after the first (1st) Monday in February or March,
August and November of each year, and other dates as may be designated
by the City Council in conformity with State law.
J.
Certification
Of Election Results. As soon as practicable after each City election,
the election authority shall convene a Verification Board to verify
the count and certify the results of the election. Not later than
the second (2nd) Tuesday after the election, the Verification Board
shall issue a statement announcing the results of each election and
shall certify the returns to the City Clerk. The City Clerk shall
issue to each person elected a certificate of election.
K.
Election
Ordinance. Prior to each City election, the City Council shall timely
pass an election ordinance authorizing, establishing and providing
the election procedure to be followed in the conduct of the City election.
[Ord. No. 7176, 12-28-2009]
A.
Any
proposal to adopt an ordinance except an ordinance appropriating money,
emergency ordinances and ordinances for the levying of taxes may be
submitted to the Council by a petition signed by at least twenty-five
percent (25%) of the registered voters of the City. The signatures,
verification, authentication, inspection, certification, amendment
and submission of the petition shall be completed as described in
Subsection (3) hereof.
1.
Requisites and form of petition. Petitions shall
first state the ordinance to be adopted or protested. The petition
shall only be signed by registered voters who reside in the City of
Maryville. In addition to the signature of the voter, there shall
also appear on the same line or on the immediately following line,
the legible printed name and the street and house number at which
the voter resides. Upon the bottom of each page of such petition,
a petitioner shall make oath before a notary public that he or she
personally obtained the signatures of the registered voters on such
page of the petition, that he or she believes that each signature
to the page is the genuine signature of the person whose name it purports
to be and that the statements therein are true as he or she believes.
Upon the bottom of the last page of such petition, a petitioner shall
make oath before a notary public that he or she believes that each
signature contained in the petition is the genuine signature of the
person whose name it purports to be and that the statements therein
are true as he or she believes.
The City shall not afford the opportunity to sign the petition
in City Hall or any City-owned property.
2.
Clerk to ascertain sufficiency of petition. Within
ten (10) days from the date of filing such petition, the City Clerk
shall examine and from the voters register ascertain whether or not
said petition is signed by the requisite number of registered voters
and, if necessary, the Council shall allow him extra help for this
purpose and he shall attach to said petition his certificate showing
the results of said examination. If by the Clerk's certificate the
petition is insufficient, it may be amended within ten (10) days from
the date of said certificate. The Clerk shall, within ten (10) days
after such amendment, make like examination of the amended petition,
and if his certificate shall show the same to be insufficient, it
shall be returned to the person filing same, without prejudice, however,
to the filing of a new petition to the same effect.
Upon filing with the City Clerk, a copy of the petition shall
be made available for review by individuals upon request.
3.
Council action on petition for ordinance. When a
petition to adopt an ordinance is signed by at least twenty-five percent
(25%) of the registered voters as certified by the City Clerk, the
Council shall pass the ordinance without alteration, within twenty
(20) days of the Clerk's certification of the petition, or submit
it for a vote at the next municipal or State primary or general election.
If a majority of the voters voting on the proposed ordinance vote
in favor thereof, it shall thereupon become a valid and binding ordinance
of the City.
4.
Council action on petition protesting ordinance, Clerk duties. If a petition protesting an ordinance, signed by at least twenty-five percent (25%) of the registered voters of the City is presented to the Council, the Council shall reconsider such ordinance and, if it is not entirely repealed, submit the ordinance to the voters as provided by Subsection (4) of this Section. Such ordinance shall not remain in effect after the election unless a majority of the voters voting on the same shall vote in favor thereof. The petition protesting an ordinance shall be submitted, verified and certified in accordance with the provisions of Subsection (2) hereof.
5.
Ballot. The question shall be submitted in substantially
the following form:
Shall the following ordinance be (adopted) (repealed)? (Set
out ordinance).
6.
Ordinance adopted by people not to be repealed or amended
for two years, exception. Any ordinance proposed by petition,
or which is adopted by a vote of the people, cannot be repealed or
amended by the Council for a period of two (2) years after the adoption
of the ordinance except by a unanimous vote of all members of the
Council. Any number of proposed ordinances may be voted upon at the
same election. The Council may submit a proposition for the repeal
of any such ordinance or for amendments thereto, to be voted upon
at any municipal election. Should the proposition receive a majority
of the votes cast thereon, it shall be repealed or amended accordingly.
[R.O. 2008 §105.040; Ord. No. 4882 §1, 5-14-1990; Ord. No. 6780 §§1 — 2, 9-26-2005; Ord. No. 6964 §1, 11-13-2007; Ord.
No. 8328, 11-23-2020]
A.
The
City Council shall be composed of five (5) members, elected from the
City at large. All elections shall be for three (3) year terms.
B.
The
elected Council member(s) shall take office on the first (1st) Monday
following their election. In all respects the procedures for the nomination
of candidates and holding of municipal elections shall be governed
by the provisions of State law, including Sections 78.470 through
78.520, RSMo.
C.
Each
candidate to be a member of the Council shall be at least twenty-one
(21) years of age, a citizen of the United States and a resident of
this City for at least one (1) year before the date of the filing
for such office.
D.
The
City Council shall possess such powers as are enumerated in Section
78.570, RSMo.
E.
Regular
meetings of the Council shall be held on the second (2nd) and fourth
(4th) Monday of each month at City Hall, or at such place as the Mayor
may designate. All regularly scheduled meetings shall commence at
6:00 P.M. Special meetings may be called by the Mayor or any two (2)
Council members upon proper notice.
F.
Three
(3) members shall constitute a quorum. The affirmative vote of at
least three (3) members shall be required to pass any ordinance or
resolution.
G.
All
meetings shall be conducted in accordance with the procedures of the
Missouri Open Meetings Law, Chapter 610, RSMo.
H.
A journal
or minutes of all open and closed meetings shall be taken and retained
in accordance with the law. Any electronic recording of an open meeting
shall be retained for a period of not less than thirty-six (36) months.
I.
City
Council members shall be compensated for their work in City Government
with a yearly gratuity of one thousand two hundred dollars ($1,200.00)
per member to be paid quarterly and after election beginning after
ordinance adoption.
[1]
State Law Reference — For organization procedures of
the Council, §78.560, RSMo.
[Ord. No. 8328, 11-23-2020]
A.
Policy
Statement.
1.
It is legally permissible for members of the City's public governmental
bodies to attend meetings and vote via video conference transmission.
It is good public policy for citizens to have the opportunity to meet
with their elected officials face-to-face; however, the utilization
of video conferencing allows elected officials of a public governmental
body and members of the public to continue business as usual.
2.
The primary purpose of attendance by video conference connection
should be to accommodate the public governmental body as a whole to
allow meetings to occur when circumstances would otherwise prevent
the physical attendance of a quorum of the body's members. A secondary
purpose of attendance by video conference should be to ensure that
members of the public may participate in the business of the public
governmental body, if possible.
3.
There will be times where due to an emergency the public governmental
body may need to meet by video conference such as in a public health
crisis.
B.
Video
Conference Defined.
1.
For purposes of this Section "video conference" or "videoconferencing"
shall refer to a means of communication where at least one (1) member
of a public government body participates in the public meeting via
an electronic connection made up of three (3) components: (1) a live
video transmission of the member of the public governmental body not
in physical attendance; (2) a live audio transmission allowing the
member of the public governmental body not in physical attendance
to be heard by those in attendance, whether physical or virtual; and
(3) a live audio transmission allowing the member of the public governmental
body not in physical attendance to hear those in attendance at a meeting,
whether physical or virtual.
2.
If at any time during a meeting one (1) or more of the elements of
a video conference becomes compromised (e.g., if any participants
are unable to see, hear, or fully communicate), then the video conference
participant is deemed immediately absent and this absence should be
reflected in the minutes. A video conference participant's absence
may compromise a quorum in which case the applicable Missouri laws
shall take effect regarding a broken quorum.
3.
For this reason, the City will pursue a policy to acquire and maintain
the equipment needed to assure that video conference meetings can
be effective for all participants.
C.
Use
Of Video Conference Attendance. As technology progresses and the absence
of elected members of a public governmental body become unavoidable
due to an array of potential causes, video conferencing should be
utilized when physical presence cannot be achieved at a meeting.
D.
Physical
Location.
1.
When the public governmental body is offering video conferencing
as an option for its members, the body may also allow members of the
public to participate via video conferencing. The members of the public
may view the public meeting through different platforms, including
YouTube, Zoom, GoTo Meeting and Microsoft Teams, etc. These platforms
offering viewing only, telephone dial-in, and video services for the
members of the public to participate in accordance with Sunshine Law.
2.
If the public governmental body wishes to secure a physical location
for the members of the public to participate in a public meeting,
the public governmental body may secure the location where a public
meeting is typically held, if possible. If a different location is
secured the address shall be included on the notice posted in accordance
with the Sunshine Law. The public governmental body shall provide
at the physical location communication equipment consisting of an
audio and visual display so that any member of the public governmental
body participating via video conferencing, the members of the public
governmental body in physical attendance, and the public in physical
attendance may actively participate in the meeting in accordance with
rules of meeting decorum. The communication equipment at the physical
location of the meeting must allow for all meeting attendees to see,
hear, and fully communicate. Nothing in this policy should be construed
to allow anyone to speak at a meeting except as otherwise allowed.
E.
Meeting
Notice And Agenda. If the public governmental body chooses to have
a meeting where one (1) or more members participate by video conferencing,
the meeting notice must reference the change from the usual method.
If the meeting will be held online, State law requires that the notice
of the meeting must be posted on its website in addition to its principal
office. The notice should also state how the public can access that
meeting. Depending on the circumstances, this may include a phone
number the public can use to dial in to listen to the meeting or the
web address where a video feed can be accessed. Meeting notices will
still need to be provided at least twenty-four (24) hours in advance
of the start of the meeting, exclusive of weekends and holidays. If
it is impossible or impractical to provide a meeting notice that far
in advance, the body should post the meeting notice as soon as possible.
A tentative meeting agenda that is reasonably calculated to advise
the public of the matters to be considered should still be posted
in the same manner as the meeting notice.
F.
Voting. Elected members of a public governmental body attending a public meeting of that governmental body via video conference are deemed present for purposes of participating in a roll call vote to the same effect elected members of a public governmental body in physical attendance at a public meeting of that governmental body are deemed present. As indicated in Subsection (B) above, if any component of the video conference communication fails during the meeting, the member attending the meeting by video conference whose connection failed shall be deemed absent immediately upon such failure, and if the public governmental body was in the act of voting, the voting shall stop until all of the components of video conference attendance are again restored and the video conference participant's presence is again noted in the minutes.
G.
Closed
Meetings. In a meeting where a member of a public governmental body
is participating via video conferencing and the meeting goes into
a closed session, all provisions of Missouri law and City ordinances
relating to closed sessions apply. Upon the public governmental body's
vote to close the meeting, all members of the public shall not be
present. Likewise, a member of a public governmental body participating
via video conferencing must ensure there are no members of the public
present at their location to see, hear, or otherwise communicate during
the closed session. The member must also take all reasonable precautions
to guard against the interception of communication by others. Failure
to ensure the requirements of this Subsection may result in corrective
action by the full public governmental body in accordance with City
regulations.
H.
Minutes.
In the meeting, whether in open or in closed session, the minutes
taken should reflect any members participating via video conference;
members in physical attendance; and members absent. The clerk is not
required to retain any recording of the meeting once the minutes have
been prepared.
I.
Emergency
Meetings. If emergency circumstances make a face to face meeting impractical
for the members of a public governmental body to physically attend
a meeting as a whole (i.e., a quorum of the members are physically
present and less than a quorum of the members are participating via
telephone, facsimile, Internet, or any other voice or electronic means).
Where such an emergency exists, the votes taken shall be regarded
as if all members were physically present and in attendance at the
meeting. The nature of the emergency of the public body justifying
that departure from the normal requirements shall be stated in the
minutes. Examples of such emergency circumstances, include, but are
not limited to, war, riot, terrorism, widespread fire, public health
crisis, a natural disaster such as earthquake, tornado, hurricane,
flood, or blizzard, or state of emergency.
[R.O. 2008 §105.060; Ord. No. 4882 §1, 5-14-1990]
A.
Following
the election of Council member(s) in April, the Council shall select
one (1) of its members as Mayor and another as Mayor Pro Tem, each
to serve for a one (1) year term.
B.
The
Mayor shall preside at all Council meetings with full participation
but without power of veto. In his/her absence, or inability to serve,
the functions of his/her office shall be filled by the Mayor Pro Tem.
C.
The
Mayor shall be recognized as the official head of the City by the
courts for the purpose of serving civil process, by the Governor of
the State for the purpose of military law, and for all ceremonial
purposes. He/she shall sign all ordinances and resolutions.
[R.O. 2008 §105.070; Ord. No. 4882 §1, 5-14-1990]
A.
The
City Manager shall be appointed by the City Council for an indefinite
term, serving at the pleasure of the Council. He/she shall be the
Chief Administrative Officer of the City. He/she shall attend all
meetings of the Council, participating, but without power of vote.
His/her entire time shall be devoted to the duties of such office.
He/she shall appoint such officers and employees of the City as are
authorized under this Code and by the Council. He/she shall be the
Chief Enforcement Officer of the City and shall enforce all City laws
and ordinances. He/she shall recommend to the Council for adoption
such measures as he/she deems necessary or expedient. He/she shall
prepare and submit the annual budget for Council consideration, review
and adoption. He/she shall keep the Council fully advised as to the
financial conditions and needs of the City. He/she shall perform such
other duties and possess such other powers as are prescribed by ordinance,
resolution, Council directive or State Statute.
B.
It
shall be his or her duty to:
1.
Make all personnel appointments and discharges of officers and employees
as provided for in Section 78.600, RSMo.
2.
See that the laws and ordinances are enforced.
3.
Exercise control of all departments and divisions that may hereafter
be created by the Council.
4.
See that all terms and conditions imposed in favor of the City or
its inhabitants in any public utility franchises are faithfully kept
and performed, and upon information of any violation thereof, to take
such steps as will be necessary to stop or prevent the further violation
of the same.
5.
Attend all meetings of the Council with the privilege of taking part
in the discussions but having no vote.
6.
Recommend to the Council for adoption such measures as he or she
may deem necessary or expedient.
7.
Prepare and submit the annual budget and to keep the City Council
fully advised as to the financial conditions and needs of the City
and to perform such other duties as may be prescribed by these Sections
or be required of him or her by any ordinance or resolution of the
Council.
[1]
State Law Reference — For similar state statute prescribing
the duties of the city manager, §78.610, RSMo.
[R.O. 2008 §105.080; Ord. No. 4882 §1, 5-14-1990; Ord. No. 5186 §1, 2-14-1994]
A.
The
following departments are hereby established:
1.
Department of Administration. This Department shall
be composed of the City Treasurer, the City Clerk and those persons
dealing with the general finance and administration of the City.
2.
Department of Public Safety. This Department shall
be composed of the Police and Fire Departments and Emergency Operations.
3.
Department of Public Works. This Department shall
be composed of the Street Department, Sewer Department, Water Department,
Code Enforcement Department and the Cemetery, Airport, and Sanitary
Landfill Operations.
4.
Any other functions may be assigned to the appropriate department
upon direction of the City Manager.
[R.O. 2008 §105.090; Ord. No. 4882 §1, 5-14-1990]
The City Clerk shall be appointed by the City Council and serve
at the pleasure of the Council. The Clerk shall attend all meetings
of the Council and maintain, in the English language, a journal of
the proceedings thereof. The Clerk shall be custodian of the official
City Seal and affix the same to official City documents. The Clerk
shall subscribe his/her signature to all ordinances and resolutions
duly adopted by the Council, and shall perform such duties as may
be prescribed by the Council, the City Manager, City ordinances and
State Statutes.
[R.O. 2008 §105.095; Ord. No. 5185 §1, 2-14-1994]
The City Treasurer shall be appointed by the City Council and
serve at the pleasure of the Council. The Treasurer shall hold the
administrative position of Finance Director and the terms Treasurer
and Finance Director shall be interchangeable in this Code of the
City. He/she shall perform such duties as may be prescribed by the
Council, the City Manager, City ordinances and State Statutes.
[R.O. 2008 §105.096; Ord. No. 5203 §1, 5-9-1994; Ord.
No. 6673 §1, 8-9-2004; Ord. No. 7576 §1, 11-18-2013; Ord. No. 7895, 9-28-2016; Ord. No. 8133, 10-8-2018]
A.
The City of Maryville, Missouri, shall invest public funds in accordance
with the investment policy of the City of Maryville, Missouri, which
shall read as follows:
1.
Policy. It is the policy of the City of Maryville, Missouri,
to invest public funds in a manner which will provide a reasonable
investment return with the maximum security while meeting the daily
cash flow demands of the City and conforming to all State and local
statutes governing the investment of public funds.
2.
Scope. This investment policy applies to all financial assets
of the City of Maryville, Missouri. These funds are accounted for
in the City's Comprehensive Annual Financial Report and include:
a.
General fund.
b.
Parks and recreation.
c.
Transient guest tax.
d.
CIP fund.
e.
Debt retirement.
f.
Solid waste.
g.
TIF fund.
h.
Water/wastewater.
i.
Mozingo recreation.
j.
Conference center debt retirement.
k.
Central garage.
l.
Group insurance.
m.
Cemetery perpetual.
n.
Payroll.
o.
Any new fund created by the City Council unless specifically
exempt.
3.
Prudence.
a.
Investments shall be made with judgment and care, under circumstances
then prevailing which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation,
but for investment, considering the safety of this capital as well
as the probable income to be derived.
b.
The standard of prudence to be used by investment officials
shall be the prudent person standard and shall be applied in the context
of managing an overall portfolio.
c.
The City Treasurer, acting in accordance with written procedures
and the investment policy and exercising due diligence, shall be relieved
of personal responsibility for an individual security's credit risk
or market price changes, provided deviations from expectations are
reported in a timely fashion and appropriate action is taken to control
adverse developments.
4.
The primary objectives, in priority order, of the City of Maryville's
investment activities shall be:
a.
Safety. Safety of principal is the foremost objective of the
investment program. Investments of the City of Maryville, Missouri,
shall be undertaken in a manner that seeks to ensure the preservation
of capital in the overall portfolio. To attain this objective, diversification
is a consideration in order that potential losses of individual securities
do not exceed the income generated from the remainder of the portfolio.
b.
Liquidity. The City of Maryville's investment portfolio will
remain sufficiently liquid to enable the City of Maryville, Missouri,
to meet all operating requirements which might be reasonably anticipated.
c.
Return On Investment. The City of Maryville's investment portfolio
shall be designed with the objective of attaining a market rate of
return throughout budgetary and economic cycles, taking into account
the City of Maryville's investment risk constraints and the cash flow
characteristics of the portfolio.
5.
Delegation Of Authority.
a.
Management responsibility for the investment program is hereby
delegated to the City Treasurer. No person may engage in an investment
transaction except as provided under the terms of this policy. The
City Treasurer shall be responsible for all transactions undertaken
and shall establish a system of controls to regulate the activities
of subordinate officials.
6.
Ethics And Conflict Of Interest.
a.
Officers and employees involved in the investment process shall
refrain from personal business activity that could conflict with proper
execution of the investment program, or which could impair their ability
to make impartial investment decisions.
b.
Employees and investment officials shall disclose to the City
Council any material financial interest in financial institutions
that conduct business within this jurisdiction, and they shall further
disclose any large personal financial/investment positions that could
be related to the performance of the City of Maryville's portfolio.
Employees and officers shall subordinate their personal investment
transactions to those of the City of Maryville, Missouri, particularly
with regard to the time of purchases and sales.
7.
Authorized Financial Dealers And Institutions.
a.
In order for a financial institution to qualify as a depository
for operating funds or for investments of the City of Maryville, Missouri,
it must be an FDIC-insured organization with offices in the City of
Maryville, Missouri. For proceeds from the issuance of tax increment
financing bonds, general obligation bonds, revenue bonds, and certificates
of participation, the paying agent financial institution will qualify
as a depository for those funds and investments. Financial institutions
that purchase the aforementioned bonds or obligations may be considered
as a depository for the investment of any required reserves funds.
b.
Brokerage firms must be SIPC-insured and a member of NYSE with
full service offices in the State of Missouri.
c.
All financial institutions handling City operations or investment
funds shall supply a current audited financial statement on an annual
basis.
8.
Authorized And Suitable Investments. The City of Maryville,
Missouri, is authorized by this policy to invest in the following:
b.
Investment Maturities. The maturity distribution of the investment
portion of the City of Maryville, Missouri, assets is limited to the
following maximum percentages in each designated maturity category:
|
Maturity Distribution
| |
|---|---|
|
Maturity Category
(in months)
|
Maximum Percent
|
|
0 to 6
|
100%
|
|
7 to 12
|
75%
|
|
13 to 15
|
50%
|
|
16 to 18
|
40%
|
|
19 to 21
|
30%
|
|
22 to 24
|
20%
|
|
Over 24
|
0%
|
9.
Collateralization.
a.
All investments and deposits which exceed the financial institution's
insurance limits shall be secured by eligible collateral. The market
value of the collateral must be equal to or greater than one hundred
ten percent (110%) of the value of the total deposits less the amount
of insurance coverage. Eligible collateral shall mean all securities
which are on the State of Missouri Office of the State Treasurer's
list of Securities Acceptable as Collateral to Secure State Deposits.
(See attached Exhibit B.[2])
[2]
Exhibit B is on file in the City offices.
b.
All investments purchased under this policy are to be issued
in negotiable, bearer form to the City of Maryville, Missouri, or
in the form of a safekeeping receipt.
c.
Collateral will always be held by an independent third party.
A clearly marked evidence of ownership (safekeeping receipt) must
be supplied to the City of Maryville, Missouri, and retained.
d.
The right of collateral substitution is granted.
10.
Safekeeping And Custody. All security transactions entered into
by the City of Maryville, Missouri, shall be conducted on a delivery-versus-payment
(DVP) basis. Securities will be held by a third-party custodian designated
by the City Treasurer and evidenced by safekeeping receipts.
11.
Internal Control.
a.
The City Treasurer shall establish an annual process of independent
review by an external auditor.
b.
Internal control shall be obtained through the monthly reports
that are set forth as part of this policy. These documents will be
reviewed by the City Manager and approved by the City Council. The
review will provide internal control by assuring compliance with policies
and procedures.
12.
Investment Policy Adoption.
a.
This investment policy shall be adopted by ordinance of the
City Council.
b.
The policy shall be reviewed on an annual basis by the City
Manager and the City Treasurer.
c.
Any modifications or changes suggested by this review will not
be effective until approved and adopted in ordinance form by the City
Council.
[R.O. 2008 §105.100; Ord. No. 4882 §1, 5-14-1990]
A.
The
Director of Public Safety, who may be otherwise referred to in this
Code as "Chief of Police" or "Fire Chief", shall be appointed by the
City Manager for an indefinite term. He/she shall be head of the Department
of Public Safety and perform such functions and duties as may be prescribed
by the Council, the City Manager, City ordinances and State Statutes.
B.
The
Director of Public Safety shall recommend to the City Manager the
employment of persons to fill positions within his/her Department
that have been authorized by the Council.
C.
The
Director of Public Safety and each Public Safety Officer of his/her
Department shall be a conservator of the Police; it shall be his/her
and their duty to enforce all ordinance violations of this Code and
felony provisions of State law.
[R.O. 2008 §105.110; Ord. No. 4882 §1, 5-14-1990]
A.
The
City Attorney shall be appointed by the City Manager for an indefinite
term, subject to confirmation by the Council.
B.
Duties. The duties of the City Attorney shall be as follows:
1.
Attendance at all regular meetings of the Council and at adjourned
and special meetings upon request of the City Manager and/or Council;
2.
Attendance at such study sessions of the City Council or meetings
of City Boards and committees when requested to do so for the purpose
of representing the interests of the City or give legal advice;
3.
Draft all ordinances, resolutions, contracts and other legal forms
and documents required in the ordinary course of the City business;
4.
Availability to represent the City in any suit or action at law or
in equity brought by or against the City, except prosecutions begun
before the Municipal Judge or appeals taken from the Municipal Judge,
and except where it is determined by the City Attorney that participation
would not be ethical by reason of a conflict of interest;
5.
Give legal advice to the Mayor, Councilmen, City Manager and City
Clerk. All other officers and departments under the control of the
City Manager and City Boards and Committees shall obtain legal advice
from the City Attorney through the City Manager;
6.
Perform such other ministerial duties as shall be prescribed by ordinance
or shall be ordered by the City Council or City Manager.
C.
Compensation. The compensation of the City Attorney shall
be established at an hourly rate for all legal services as set out
by the City Manager.
[R.O. 2008 §105.120; Ord. No. 4882 §1, 5-14-1990]
A.
Bonds
shall be given the City for the faithful performance of duties and
the correct accounting for and delivery to the City of all monies
or other property in his/her custody and belonging to or under control
of the City, by each and every Officer or employee indicated in the
following list and enumeration and for the amount set opposite his/her
proper designation:
1.
City Manager: One hundred thousand dollars ($100,000.00).
2.
Finance Officer: One hundred thousand dollars ($100,000.00).
3.
City Clerk: Twenty thousand dollars ($20,000.00).
4.
Director of Public Safety: Ten thousand dollars ($10,000.00).
5.
Municipal Court Clerk: Twenty thousand dollars ($20,000.00).
6.
Each other Officer or employee whose duties include the receiving,
custody or disbursement of money or other property, in such sums or
of such values as the City Manager may require.
B.
All
bonds shall be given upon the security of a reliable surety company
duly authorized to do business in the State and empowered by law to
sign as surety to give bonds for the faithful discharge of duty by
public officers and others. The bond, on sufficiency of surety thereon,
offered by all officers and employees, shall be approved by the City
Attorney and kept at the City Hall.
C.
The
premiums on all such official bonds shall be paid by the City out
of the appropriate funds.
D.
Nothing
in this Section shall be construed as preventing the City Manager
from procuring department, position or blanket bonds covering a single
department or all departments of the City so as to thereby eliminate
the necessities and extra cost of separate bonds issued to cover individual
officers and employees.
[R.O. 2008 §105.130; Ord. No. 4882 §1, 5-14-1990]
Each officer and employee of the City shall subscribe to the
oath required of municipal officers and employees by State law.
[R.O. 2008 §105.140; Ord. No. 4882 §1, 5-14-1990]
A.
Each
Officer and employee of the City shall be paid such compensation as
shall be prescribed by ordinance, contract or agreement. Such compensation
shall be in lieu of all fees, commissions and other compensation receivable
by such officers or employees for such services from a third (3rd)
party. Fees, commissions and other compensation shall belong to the
City and shall be collected and accounted for by officer or employee
and be paid into the appropriate City Fund.
The salaries of all City employees shall be paid bi-weekly.
The City Manager may designate that the compensation of certain contractual
and/or professional services may be paid monthly or as designated
by contract.
B.
Nothing
contained in this Section shall prohibit the payment of necessary
bona fide expenses actually incurred or for any services on behalf
of the City as may be authorized by the Council or City Manager.
C.
The
City Manager shall designate the officers and employees of the City,
who are to be compensated for the use of their private vehicle in
the business of the City. He/she shall determine a reasonable rate
at which such employees shall be compensated and shall authorize the
compensation on this basis.
[R.O. 2008 §105.150; Ord. No. 4882 §1, 5-14-1990]
The City hereby elects to come under and be subject to the provisions
of Chapter 287, RSMo., being Sections 287.010 to 287.811, inclusive
together with the laws of Missouri amending, modifying or making additions
to such Acts, being the Workers' Compensation Law of the State of
Missouri.
[R.O. 2008 §105.160; Ord. No. 4882 §1, 5-14-1990]
It is hereby declared to be the policy and purpose of the City
to extend to all eligible employees and Officials of the City, who
are not excluded by law, or the benefits of the system of Federal
Old-Age and Survivors Insurance as authorized by the Social Security
Act Amendments of 1950.
[R.O. 2008 §105.170; Ord. No. 4882 §1, 5-14-1990]
The standard work week for employees shall be interpreted to
mean one which regularly averages forty (40) hours during any twenty-eight
(28) day period.
[R.O. 2008 §105.180; Ord. No. 4882 §1, 5-14-1990]
Where it is, in the judgement of the City Manager, to the advantage
of the City to obtain professional or technical services or other
personal services of a special nature on some basis other than for
a set number of hours per week and under circumstances not provided
for, such employees shall be considered as classified employees of
the City, but shall not be assigned to a standard salary grade and
shall not be required to work an established number of hours per week,
but shall spend such time in the performance of their duties as the
nature of the work or the agreement under which they are employed
requires. The City Manager is hereby authorized to enter into any
necessary arrangements covering the described employment.
[R.O. 2008 §105.190; Ord. No. 4882 §1, 5-14-1990]
A.
The
City Council, at its regular meeting in July of each year, may receive
sealed proposals for the deposit of the City funds from banking institutions
doing business within the City.
B.
The
City Council shall select as the depository of the funds of the City,
the banking institution offering to pay to the City, the largest amount
for the privilege; as set out in the statutory provisions of Sections
95.280 to 95.350, RSMo.
[R.O. 2008 §105.200; Ord. No. 4882 §1, 5-14-1990]
A.
Any
personal property in the custody of the City which is unclaimed by
the owner within ninety (90) days after the custody, if obtained by
the City shall be and hereby is declared to be abandoned by the owner
of the property, and shall be sold for the payment of the storage
charge.
B.
Disposition
of abandoned or unclaimed property will be conducted as set out in
the Purchasing Manual of the City.
C.
All
expenses of the sale shall be paid from the General Fund or appropriate
Enterprise Fund and all proceeds derived from the sale of the articles
shall be paid into the General Fund or appropriate Enterprise Fund.
[R.O. 2008 §105.210; Ord. No. 4882 §1, 5-14-1990; Ord. No. 7059 §§1 — 2, 10-27-2008]
A.
Except
as may be required by this Section, there shall be no absolute residence
requirement for City employment or to reside within a reasonable response
time of an employee's place of work.
B.
It
shall be a condition of employment that the City Manager must reside
within the corporate limits of the City.
C.
It
shall be a condition of employment that the City Clerk, Finance Officer,
Director of Public Safety, Director of Public Works and other key
personnel must reside within Polk Township.
D.
It
shall be a condition of employment that those persons identified as
a Public Safety Officer may reside outside the corporate limits of
the City, but must reside within a ten (10) mile distance to the Department
of Public Safety.
[R.O. 2008 §105.220; Ord. No. 4882 §1, 5-14-1990; Ord. No. 5334 §1, 8-14-1995]
A.
No
elected or appointed official or employee of the City shall:
1.
Perform any service for the City for receipt or payment of any compensation,
other than of the compensation provided for the performance of his
or her official duties, in excess of five hundred dollars ($500.00)
per transaction or five thousand dollars ($5,000.00) per annum, except
on transactions made pursuant to an award on a contract let or sale
made after public notice and competitive bidding, provided that the
bid or offer is the lowest received;
2.
Sell, rent or lease any property to the City for consideration in
excess of one thousand dollars ($1,000.00) per annum unless the transaction
is made pursuant to an award on a contract let or a sale made after
public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received; or
3.
Attempt, for any compensation other than the compensation provided
for the performance of their duties, to influence the decision of
any agency of the City on any manner, except that, this provision
shall not be construed to prohibit such person from participating
for compensation in any adversary proceeding or in the preparation
or filing of any public document or conference thereon.
B.
No
sole proprietorship, partnership, joint venture, or corporation in
which any elected or appointed official or employee of the City is
the sole proprietor, a partner having more than a ten percent (10%)
partnership interest, or a co-participant or owner of in excess of
ten percent (10%) of the outstanding shares of any class of stock,
shall:
1.
Perform any service for the City or any agency of the City for any
consideration in excess of five hundred dollars ($500.00) per transaction
or one thousand five hundred dollars ($1,500.00) per annum unless
the transaction is made pursuant to an award on a contract let or
sale made after public notice and competitive bidding, provided that
the bid or offer accepted is the lowest received; or
2.
Sell, rent or lease any property to the City or any agency of the
City thereof for consideration in excess of five hundred dollars ($500.00)
per transaction or one thousand five hundred dollars ($1,500.00) per
annum unless the transaction is made pursuant to an award on a contract
let or a sale made after public notice and in the case of property
other than real property, competitive bidding, provided that the bid
or offer accepted is the lowest and best received.
[1]
State Law Reference — For similar restriction of financial
interest by officers and employees, §§105.450 to 105.482,
RSMo.
