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Section 9.2 Right of regulation.
All franchises, whether provided in the ordinance or not, shall be subject to the right of the council to: (a) Repeal for misuse, nonuse, or noncompliance with the ordinance. (b) Require proper and adequate extension of plant and service and the maintenance thereof at the highest practicable standards of efficiency. (c) Establish reasonable standards of service and quality of products; prevent unjust discrimination in service or rates. (d) Make an independent audit and examination of accounts at any time and require independently audited reports annually. (e) Require continuous and uninterrupted service to the public in accordance with the terms of the franchise. (f) Control and regulate the use of city streets, alleys, bridges, easements, and public plac...
Section 9.3 Revocable permits.
Temporary permits for the operation of public services utilizing public streets, alleys, bridges, easements, and public places for a period not to exceed two years may be granted by the city council by ordinance without public hearing. Such permit shall be subject to amendment, alteration or revocation at any time at the will of the council whether so provided in the ordinance or not. Any permit granted hereunder shall in no event be construed to be a franchise, or an extension or amendment of a franchise.
Section 9.4 Operation beyond franchise.
Any operation under a franchise with the tacit permission of the city, beyond the period for which the franchise was granted, shall under no circumstances be construed as a renewal or extension of the franchise. Any such operation shall be regarded as a temporary permit, subject, like other permits to amendment, alteration, or revocation at any time at the will of the council.
Ch CHA Art X Licensing, Taxation, and Regulation of Businesses, Occupations, Professions, Vocations and Other Activities
Section 10.1 Objects of licensing, taxation, and regulation.
The council shall have power by ordinance to license, tax, and regulate all businesses, occupations, professions, vocations, activities, or things whatsoever set forth and enumerated by the statutes of this state now or hereafter applicable to constitutional charter cities, or cities of any class, or of any population group, and which any such cities are now or may hereafter be permitted by law to license, tax, and regulate.
Ch CHA Art XI General Provisions
Section 11.1 Personal financial interest.
Any city officer, board member, council member, commission member or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest and shall refrain from voting upon or otherwise participating as a city officer, board member, council member, commission member or employee in the making of such contract. Any person who is a city officer, board member, council member, commission member or employee and who willfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be guilt...
Section 11.2 Political activity.
No city employee shall solicit any contribution for the campaign fund of any candidate for Kirkwood city office or take part in the political campaign of any candidate for Kirkwood city office. All employees may exercise their rights as a private citizen to express opinions and, if a registered voter in Kirkwood, sign a nominating petition for any city candidate and vote in any city election. Political affiliation, participation or contribution shall not be considered in making any city employment decision. No city officer, employee or member of a board or commission shall use official authority or official influence for the purpose of interfering with or affecting the result of an election to or nomination for Kirkwood city office. No city officer, emplo...
Section 11.3 Prohibitions.
(a) Activities prohibited. (i) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, sex, age, political or religious opinions or affiliations. (ii) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this charter or the ordinances, rules, and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, ordinances, rules, and regulations. (iii) No person who seeks appointment or promotion with respect to any city position or appointive c...
Section 11.4 Official bonds.
All officers and employees of the city who receive, disburse, or are responsible for city funds, and such other officers and employees as the council by ordinance may designate, shall, within such time after election or appointment as may be fixed by ordinance, and before entering upon the discharge of their duties, give bond to the city in such sums and with such sureties as shall be prescribed by ordinance, and subject to approval by the council, conditioned upon the faithful and proper performance of their duties and for the prompt accounting for and paying over to the city of all moneys belonging to the city that may come into their hands. The city shall pay the premiums on all such bonds.
Section 11.5 Charter amendments.
Amendments to this charter may be framed and submitted to the electors by a commission in the manner provided by law and the Constitution of Missouri for framing and submitting a complete charter. Amendments may also be proposed by ordinance of the council or by petition of not less than ten percent of the registered qualified electors of the city, filed with the City Clerk, setting forth the proposed amendment. The council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors at the next election held in the city not less than sixty days after its passage, or at a special election held as provided by law and the Constitution of Missouri for a charter. Any amendment approved by a majority of the qualified ele...
Section 11.6 Public improvements and special assessments.
(a) Improvements. The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance, consistent with applicable state law. (b) Special assessments. The procedure for levying, collecting and enforcing the payment of special assessments for public improvements or special tax bills evidencing such assessments shall be governed by general ordinance, consistent with applicable state law.
Section 11.7 Proof of ordinance.
Any ordinance may be proved by a copy thereof certified by the City Clerk under the seal of the city; or, when printed and published by authority of the city. It shall be received in evidence in all courts, or other places, without further proof of authenticity.
Section 11.8 Separability.
If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstances is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby.
Ch CHA Art XII Transitional Provisions
Section 12.1 Personnel system.
An employee holding a city position at the time this charter takes full effect, who was serving in the same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system established by ordinance pursuant to this charter.
Section 12.2 Ordinances to remain in force.
All ordinances, regulations and resolutions in force at the time this charter takes effect, which are not necessarily inconsistent with the provisions of this charter, shall remain and be in force until modified or repealed by or under the authority of this charter.
Section 12.3 Pending actions and proceedings.
No action or proceeding, civil or criminal, pending at the time this charter shall take effect, brought by or against the city or any office, department, agency or officer thereof, shall be affected or abated by the adoption of this charter or by anything herein contained.
Section 12.4 Continuance of contracts, public improvements and taxes.
All contracts entered into by the city, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws. All taxes and assessments levied or assessed, all fines and penalties imposed, and all other obligations owing to the city which are uncollected at the time this charter becomes effective, shall continue in full force and effect and shall be collected as if no change had been made.