No person shall be an Alderman unless he/she be at least eighteen (18) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.
State Law Reference: As to when Aldermen may be elected at large, § 79.060, RSMo.
[R.O. 2011 § 105.070; R.O. 2010 § 105.070; CC 1975 § 115.33; 2nd Ser. Ord. No. 42 § 1, 3-3-1975; 2nd Ser. Ord. No. 118 § 1, 3-3-1980; 2nd Ser. Ord. No. 266 § 1, 4-4-1988; 2nd Ser. Ord. No. 326 § 1, 12-4-1989; Ord. No. 749 § 1, 2-3-2003; Ord. No. 1051 § 1, 4-5-2010]
Each Alderman shall receive as compensation for his/her services a sum as set from time to time by ordinance, payable out of the General Revenue Fund. The monthly compensation to be paid to each Alderman shall be two hundred dollars ($200.00) per month.
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
[R.O. 2011 § 105.160; R.O. 2010 § 105.160; CC 1975 § 117.33; 2nd Ser. Ord. No. 43 § 1, 3-14-1975; 2nd Ser. Ord. No. 119 § 1, 3-3-1980; 2nd Ser. Ord. No. 267 § 1, 4-4-1988; 2nd Ser. Ord. No. 325 § 1, 12-4-1989; Ord. No. 748 § 1, 2-3-2003; Ord. No. 1052 § 1, 4-5-2010]
The Mayor shall receive as compensation for his/her services the sum of two hundred twenty-five dollars ($225.00) per month, payable out of the General Revenue Fund.
The Board of Aldermen shall elect one (1) of its own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the Mayor's return.
The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect and to alter, modify or repeal the same.
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 he/she preside or vote in cases when he/she is an interested party. He/she shall exercise a general supervision over all the officers and affairs of the City and shall take care that the ordinances of the City, and the State laws relating to such City, are complied with.
The style of the ordinances of the City shall be "Be it ordained by the Board of Aldermen of the City of Owensville, 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 elected to the Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen in writing and shall be read by title or in full two (2) 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. 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.
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
The Board of Aldermen shall semiannually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of an ordinance violation.
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City and shall approve all official bonds unless otherwise prescribed by ordinance.
[R.O. 2011 § 110.060; R.O. 2010 § 110.060; CC 1970 C5 A2 § 3; CC 1975 § 113.19]
Upon filing of said oath and approved bond, when such bond is required, with the City Clerk, he/she shall deliver to the person elected or appointed a commission, signed by the Mayor under the Seal of the City duly countersigned, authorizing the person therein named to discharge the duties of the office therein named for the term for which he/she has been elected or appointed.
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws.
The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.
[R.O. 2011 § 105.020; R.O. 2010 § 105.020; CC 1970 C5 A3 § 2; CC 1975 § 115.07; 2nd Ser. Ord. No. 301 §§ 1 — 2, 3-20-1989; 2nd Ser. Ord. No. 352 § 1, 3-18-1991; Ord. No. 623 § 1, 4-19-1999]
The regular meetings of the Board of Aldermen shall be held at City Hall on the first and third Mondays of each month at 7:00 P.M., unless the first and/or third Monday is a State holiday, in which case the meeting shall be held on the next business day at 7:00 P.M. Regular meetings may be cancelled or adjourned at such time as the Board may direct.
[R.O. 2011 § 105.030; R.O. 2010 § 105.030; CC 1970 C5 A3 § 3; CC 1975 § 115.09]
Special meetings may be called by the Mayor or by any two (2) members of the Board of Aldermen by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board of Aldermen to order, and the Clerk shall call the roll of members and announce whether or not a quorum is present. A majority of the members elected to the Board of Aldermen shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.