[Prior Code, § 110.010]
The City was incorporated as a fourth class City under the laws
of this state in 1960.
[Prior Code, § 130.090]
(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 or she preside or vote in cases where he or she is an interested
party.
(B)
He or she shall exercise a general supervision over all the officers
and affairs of the City, and shall take care that the ordinances of
the City and the state laws relating to this City are complied with.
[Prior Code, § 130.100]
The Mayor and Aldermen 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 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.
[RSMo. § 79.070]
No person shall be an Alderman unless he or she is at least
18 years of age, a citizen of the United States, and an inhabitant
and resident of the City for one year next preceding his or her election,
and a resident, at the time he or she files and during the time he
or she serves, of the ward from which he or she is elected.
[Prior Code, § 130.120; Prior Code, § 130.130]
(A)
Selection of acting president. In the absence of the Mayor, the Board
of Aldermen shall elect one of their own number to occupy the place
temporarily that shall be styled "Acting President of the Board of
Aldermen."
(B)
Acting president's duties. 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 returns.
[Prior Code, § 110.050; Prior Code, § 110.060; Ord. 0504, passed 11-7-2005; Ord. 0615, passed 12-4-2006]
(A)
The Board of Aldermen shall hold regular meetings on the first Monday
of each month at 6:00 p.m., provided, however, that when the day fixed
for any regular meeting of the Board falls upon a day designated by
law as a legal or national holiday, such meeting shall be held at
the same hour on the next succeeding day not a holiday, or on a day
specifically designated by action of the Board of Aldermen at a regular
meeting, and posted in advance.
(B)
All regular meetings of the Board of Aldermen shall be held within
City limits as stated in the notice.
[Ord. 0613, passed 8-7-2006]
(A)
The provisions of § 31.005 concerning the removal of an
Alderman by two-thirds vote of the Board of Aldermen may be invoked
if an Alderman fails or refuses to attend three consecutive meetings
or is repeatedly absent.
(B)
Notwithstanding any provisions of this code to the contrary, an Alderman
shall not receive salaried compensation for any missed meetings.
[Prior Code, § 110.070]
The Mayor shall call special meetings of the Board of Aldermen
whenever in his or her opinion the public business may require it,
or at the express written request of any two members of the Board
of Aldermen. Whenever a special meeting shall be called, a summons
or a notice in writing signed by the Mayor or the Chairperson of the
Board of Aldermen, shall be served upon each member of the Board of
Aldermen either in person or by notice left at his or her place of
residence, stating the date and hour of the meeting and purpose for
which the meeting is called and no business shall be transacted thereat,
except as is stated in the notice. Provided that any Alderman may
waive such notice in writing, or is deemed waived if the Alderman
attends the meeting, except in cases where such attendance is for
the specific purpose of contesting the regularity of proceeding leading
up to a special meeting.
[Prior Code, § 110.080]
The only standing committee of the Board of Aldermen shall be
the Committee of the Whole. The Chairperson of the Board of Aldermen
shall be the presiding officer of the Committee of the Whole, and
the rules of proceedings in the Board of Aldermen shall be observed
in the Committee of the Whole as far as the same may be applicable.
[Prior Code, § 110.090]
[Prior Code, § 110.100]
The Mayor shall call the Board of Aldermen to order. In the
absence of the Mayor, the Chairperson of the Board of Aldermen or
the City Clerk or his or her assistant shall call the Board of Aldermen
to order, whereupon, a temporary chairperson shall be elected by the
members present. Upon the arrival of the Mayor or Chairperson of the
Board of Aldermen, the temporary chairperson shall immediately relinquish
the chair upon the conclusion of the business immediately before the
Board of Aldermen.
[Prior Code, § 110.110]
A majority of all the members elected to the Board of Aldermen
shall constitute a quorum at any regular or special meeting of the
Board of Aldermen. In the absence of a quorum, the presiding officer
shall, at the insistence of any two members present, compel the attendance
of absent members.
[Prior Code, § 110.120]
Before proceeding with the business of the Board of Aldermen,
the City Clerk or his or her deputy shall call the roll of the members,
and the names of those present shall be entered in the minutes.
[Prior Code, § 110.130]
(A)
All reports, communications, ordinances, resolutions, contract documents
or other matters to be submitted to the Board of Aldermen shall, at
least 24 hours prior to each Board of Aldermen meeting, be delivered
to the City Clerk whereupon the City Clerk shall immediately arrange
a list of such matters according to the order of business.
(B)
None of the foregoing matters shall be presented to the Board of
Aldermen by administrative officials except those of an urgent nature,
and the same, when so presented, shall have the written approval of
the Mayor before presentation.
[Prior Code, § 110.140]
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 members. The Board of Aldermen may prescribe
and enforce such rules as it may find necessary for the expeditious
transaction of its business.
[Prior Code, § 110.150]
Unless a reading of the minutes of a Board of Aldermen meeting
is requested by a member of the Board of Aldermen, such minutes may
be approved without reading, if the City Clerk has previously furnished
each member with a synopsis thereof.
[Prior Code, § 110.160]
All reports and resolutions shall be filed with the City Clerk
and entered on the minutes.
[Prior Code, § 110.170]
(A)
Any member shall have the right to have the reason for his or her
dissent from or protest against, any action of the Board of Aldermen
entered in the minutes.
(B)
An Alderman may request the privilege of having an abstract of his
or her statement on any subject under consideration by the Board of
Aldermen entered in the minutes. Such Alderman's abstract shall
be entered as submitted in the official minutes.
(C)
The City Clerk may be directed by the presiding officer with the
consent of the Board of Aldermen, to enter in the minutes a synopsis
of the discussion on any question coming regularly before the Board
of Aldermen.
[Prior Code, § 110.180]
Any person desiring to address the Board of Aldermen shall first
secure the permission of the presiding officer so to do, provided,
however, that under the following headings of business, unless the
presiding officer rules otherwise, any qualified person may address
the Board of Aldermen without securing such prior permission.
(A)
Written communications. Interested parties or their authorized representative
may address the Board of Aldermen by written communications in regard
to matters then under discussion.
(B)
Oral communications. Taxpayers or residents of the City, or their
authorized legal representatives, may address the Board of Aldermen
by oral communications on any matter concerning the City's business,
or any matter over which the Board of Aldermen has control, provided,
however that preference shall be given to those persons who may have
notified the City Clerk in advance of their desire to speak in order
that the same may appear on the agenda of the Board of Aldermen.
(C)
Reading of protests. Interested persons or their authorized representative
may address the Board of Aldermen by reading of protests, petitions
or communications relating to zoning, sewer and street proceedings,
hearings on protests, appeals and petitions or similar matters in
regard to matters then under consideration.
(D)
Time limits. Each person addressing the Board of Aldermen shall give
his or her name and address in an audible tone of voice for the record,
and unless further time is granted by the Board of Aldermen, shall
limit his or her address to five minutes. All remarks shall be addressed
to the Board of Aldermen as a body and not to any member thereof.
No person, other than the Board of Aldermen and the person having
the floor shall be permitted to enter into any discussion, either
directly or through a member of the Board of Aldermen, without the
permission of the presiding officer. No questions shall be asked an
Alderman except through the presiding officer.
(E)
Addressing the Board of Aldermen after a motion is made. After a
motion has been made by the Board of Aldermen, no person shall address
the Board of Aldermen without first securing the permission of the
Board of Aldermen so to do.
(F)
Public inquiries. Any person desiring to ask a question of the Board
of Aldermen shall submit the same in writing to the City Clerk.
[Prior Code § 110.190; Ord. 0611, passed 8-7-2006]
(A)
Preparation. All ordinances shall be prepared or approved by the
City Attorney. No ordinances shall be prepared for the presentation
to the Board of Aldermen unless ordered by a majority vote of the
Board of Aldermen, or requested in writing by the Mayor, or prepared
by the City Attorney on his or her own initiative.
(B)
Prior approval by administrative staff. All ordinances, resolutions
and contract documents shall, before presentation to the Board of
Aldermen, have been approved as to form and legality by the City Attorney
or department under whose jurisdiction the administration of the subject
matter of the ordinance, resolution or contract document would devolve
and be approved, provided, that if approval is not given, then the
same shall be returned to the Mayor with a written memorandum of the
reasons why such approval is withheld. In the event a questioned instrument
is not redrafted to meet a department head's objection, or the
objection is not withdrawn and approval in writing given, then the
Mayor shall so advise the Board of Aldermen and give the reasons advanced
by the department head for withholding approval.
(C)
Introduction. Ordinances, resolutions and other matters or subjects
requiring action by the Board of Aldermen must be introduced and sponsored
by a member of the Board of Aldermen, except that the Mayor or City
Attorney may present ordinances, resolutions and other matters or
subjects to the Board of Aldermen, and any Board of Aldermen member
may assume sponsorship thereof by moving that such ordinances, resolutions,
matters or subjects be adopted, otherwise, they shall not be considered.
(D)
Two readings. All ordinances shall be read by title or in full two
times prior to passage; both readings may occur at a single meeting
of the Board of Aldermen. 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 Board of Aldermen.
(E)
Single subject matter. No ordinance shall relate to more than one
subject, which shall be clearly expressed in its title, and no ordinance
or section thereof shall be amended or repealed unless the new ordinance
contains the title of the ordinance or the article and section number
of the code to be amended or repealed, and when practical all ordinances
shall be introduced as amendments to existing ordinances.
(F)
Reference for consideration. Upon the first reading of an ordinance,
the presiding officer may refer it to the Committee of the Whole.
An ordinance, after reference and report thereon, may be re-referred
at any time previous to its final passage.
(G)
Resolutions. Unless immediate consideration be moved, all resolutions
shall be referred to the Committee of the Whole by the presiding officer,
provided that any resolution providing for the appropriation of money
shall designate the particular fund from which the appropriation is
to be made and shall not be granted immediate consideration unless
the votes of the members required for the affirmative of such resolution
be cast in favor of immediate consideration. An objection voiced by
one member shall require a roll call upon the motion for immediate
consideration. If no objection is voiced, the City Clerk shall record
a unanimous consent to the motion for immediate consideration and
the presiding officer shall proceed to state the principal question.
(H)
Bills must be signed and Mayor's veto. Every bill duly passed
by the Board of Aldermen and presented to the Mayor and by him or
her approved shall become an ordinance, and every bill presented as
aforesaid, but returned with the Mayor's objections thereto,
shall stand for reconsideration. 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 of all the members shall vote in the affirmative, the
City Clerk shall certify the fact on 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
an ordinance passed by the Board of Aldermen, provided, that should
he or she neglect or refuse to sign any ordinance and return the same
with his or her objection, in writing at the next regular meeting
of the Board of Aldermen, the same shall become a law without his
or her signature.
(I)
Ordinances. The style of the ordinances of the City shall be: "Be
it ordained by the Board of Aldermen of the City of Hawk Point, 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 of the Board of Aldermen shall vote for it, and the ayes
and nays be entered on the journal, and all bills shall be read two
times before their passage. No ordinances shall be revived or re-enacted
by mere reference to the title thereof, but the same shall be set
forth at length, as if it were an original ordinance. No bill shall
become an ordinance until it shall have been signed by the Mayor or
person exercising the duties of the Mayor's office, or shall
have been passed over the Mayor's veto, as herein provided.
(J)
Effective date of ordinance. All ordinances passed by the Board of
Aldermen, except when otherwise specifically provided, shall take
effect and be in force from and after due legal passage.
(K)
Effect of repeal. When any ordinance repealing a former ordinance,
clause or provision, shall be itself repealed, such repeal shall not
be construed to revive such former ordinance, clause or provision,
unless it shall be expressly so provided.
[Prior Code, § 110.200]
Members of the Board of Aldermen shall execute and affix their
signatures to all ordinances passed by the Board of Aldermen and each
Alderman shall receive a copy of said ordinance.
[Prior Code, § 110.210]
The Committee of the Whole may make its reports in writing,
and shall return the petition, resolution, account or other paper
submitted for consideration.
[Prior Code, § 110.220]
No account or other demand against the City shall be allowed
until the same has been considered and reported upon by the Committee
of the Whole.
[Prior Code, § 110.230]
(A)
Board of Aldermen members. While the Board of Aldermen 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 Board of Aldermen nor disturb any member while speaking
or refuse to obey the orders of the Board of Aldermen or its presiding
officer, except as otherwise herein provided.
(B)
Citizens. Any person making personal, impertinent or slanderous remarks
or who shall become boisterous while addressing the Board of Aldermen
shall be forthwith, by the presiding officer, barred from further
audience before the Board of Aldermen, unless permission to continue
be granted by a majority vote of the Board of Aldermen.
(C)
Enforcement. The Chief of Police, or such member or members of the
Police Department as he or she may designate, shall be Sergeant-at-Arms
of the Board of Aldermen meeting. He or she or they shall carry out
all orders and instructions given by the presiding officer for the
purpose of maintaining order and decorum at the Board of Aldermen
meeting. Upon instructions of the presiding officer, it shall be the
duty of the Sergeant-at-Arms, or any of them present, to place the
person who violates the order and decorum of the meeting under arrest,
and cause him or her to be prosecuted under the provisions of this
code, the complaint to be signed by the presiding officer.
[Prior Code, § 110.240]
(A)
Permission to speak. Every member desiring to speak shall address
the chair, and, upon recognition by the presiding officer, shall confine
himself or herself to the question under debate, avoiding all personalities
and indecorous language.
(B)
Interruptions. A member, once recognized, shall not be interrupted
when speaking unless it is to call him or her to order, or as herein
otherwise provided. If a member, while speaking, be called to order,
he or she shall cease speaking until the question of order be determined,
and, if in order, he or she shall be permitted to proceed.
(C)
Privilege of closing debate. The Alderman moving the adoption of
an ordinance or resolution shall have the privilege of closing the
debate.
(D)
Motion to reconsider. A motion to reconsider any action taken by
the Board of Aldermen may be made only on the day such action was
taken. It may be made either immediately during the same session,
or at a recessed or adjourned session thereof. Such motion must be
made by one of the prevailing side, but may be seconded by any member,
and may be made at any time and have precedence over any other motions
or while a member has the floor. It shall be debatable. Nothing herein
shall be construed to prevent any member of the Board of Aldermen
from making or remaking the same or any other motion at a subsequent
meeting of the Board of Aldermen.
[Prior Code, § 110.250]
Whenever it is provided that an advertisement or notice shall
be published in a newspaper published in this City, and there shall,
in fact, be no newspaper published in this City, then said advertisement
shall be published in the next nearest newspaper published in the
county.
[Prior Code, § 130.140]
The Board of Aldermen shall annually in January of each year
make out and spread upon its records a full and detailed account and
statement of the receipts and expenditures of the City for the year
ending December 31 preceding the date of such report, which account
and statement shall be published in some newspaper in the county.
[Prior Code, § 130.160]
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 the county, 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.
