Chapter 24 — City Council
24.010. (ORD # 10-03) Regular meetings.
- The city council shall hold regular meetings on the second Tuesday of each month at 7:00 p.m.; provided, however, that when the day fixed for any regular meeting of the council 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 Wednesday not a holiday.
- All regular meetings of the Council shall be held in the Holden City Hall.
24.020. Special meetings. The mayor shall call special meetings of the council whenever in his opinion the public business may require it, or at the express written request of any two members of the council. Whenever a special meeting shall be called, a summons or a notice in writing, signed by the mayor or the presiding officer of the council shall be served upon each member of the council either in person or by notice left at his place of residence, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted thereat, except such as is stated in the notice.
24.030. Agenda. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the council shall, at least eight (8) business hours prior to each council 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 and furnish each member of the council, the mayor, and the city attorney with a copy of the same prior to the council meeting and as far in advance of the meeting as time for preparation will permit. None of the foregoing matters shall be presented to the council 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.
24.050. Call to order–presiding officer. The mayor, or in his absence, the mayor pro tem shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the council to order. In the absence of the mayor or mayor pro tem, the city clerk, shall call the council to order, whereupon a temporary chairman shall be elected by the members of the council present. Upon the arrival of the mayor or mayor pro tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the council.
24.060. Roll call. Before proceeding with the business of the council, the city clerk or his deputy shall call the roll of the members, and the names of those present shall be entered in the minutes.
24.070. Quorum. A majority of all the members elected to the council shall constitute a quorum at any regular or special meeting of the council.
24.080. (ORD # 7-99) Order of business. All meetings of the council shall be open to the public as provided by law. Promptly at the hour set by law on the day of each regular meeting, the members of the council, the city clerk, city attorney and mayor shall take their regular stations in the council chamber, and the business of the council shall be taken up for consideration and dispositions in the following order:
- Roll call
- Approval of minutes of previous meeting.
- Petitions & Communications
- Resolution & Ordinances
- Committee Reports & All Other Business (New, Old, and Misc.)
- Approval of Appropriations
- Possible Executive Session (Litigation/Personnel/Real Estate/Privileged Communication)
- Executive Session at Next Meeting
24.090. Reading of minutes. Unless a reading of the minutes of a council meeting is requested by a member of the council, such minutes may be approved without reading if the clerk has previously furnished each member with a synopsis thereof.
24.100. Rules of debate.
- Presiding officer may debate and vote, etc. The mayor or such other member of the council as may be presiding may debate from the chair, but shall not vote on any issue before the council unless there is a tie vote.
- Getting the floor–improper reference to be avoided. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.
- A member, once recognized, shall not be interrupted when speaking unless it is to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question or order is determined, and, if in order, he shall be permitted to proceed.
- Privilege of closing debate. The councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.
- Motion to reconsider. A motion to reconsider any action taken by the council 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 all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council.
- Remarks of councilman–when entered in minutes. A councilman may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered in the minutes.
- Synopsis of debate–when entered in minutes. The clerk may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council.
- (ORD # 7-99) Rules of Order. All meetings of the council shall be conducted pursuant to the latest edition of the Roberts Rules of Order.
24.110. Addressing the council. Any person desiring to address the council 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 council without securing such prior permission:
- Written communications. Interested parties or their authorized representative may address the council by written communications in regard to matters then under discussion.
- Oral communications. Taxpayers or residents of the city, or their authorized legal representatives, may address the council by oral communications on any matter concerning the city’s business, or any matter over which the council 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 council.
- Reading of protests, etc. Interested persons or their authorized representatives may address the council 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.
24.120. Addressing the council after motion made. After a motion is made by the council, no person shall address the council without first securing the permission of the council so to do.
24.130. Manner of addressing council–time limit. Each person addressing the council shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the council, shall limit his address to three minutes. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked a councilman except through the presiding officer.
24.140. Silence constitutes affirmative vote. Unless a member of the council states that he is not voting, his silence shall be recorded as an affirmative vote.
- By council members. While the council 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 council nor disturb any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided.
- By persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the council shall be forthwith, by the presiding officer, barred from further audience before the council, unless permission to continue be granted by a majority vote of the council.
24.160. Enforcement of decorum. The chief of police, or such member or members of the police department as he may designate, shall be sergeant-at-arms of the council meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this code, the complaint to be signed by the presiding officer.
24.170. Standing committees.
- Appointment of committees. At the first regular meeting of
the council in April of each year, it shall be the duty of the mayor to appoint the members of all committees of the council provided for by ordinance; said committees shall serve until the first meeting in April of the following year or until their successors are named.
- Committee on finance. There shall be appointed a Committee on Finances. It shall meet at least once each month, said meeting being on the Thursday prior to the regular meeting in each month. It’s duties shall be to take into consideration all reports, resolutions and propositions relating to the fiscal affairs of this city that may be referred to them by the council, and report thereon to the council when required; to hold a monthly examination of the books, accounts, and settlements of the various city officials who are required to make monthly settlements of their accounts, and to report to the council any official who fails to make monthly payments into the treasury of all moneys belonging to the city which he may have received, as well as any officer who fails to make monthly settlement of his accounts as required by the charter or any ordinance of the city; they shall report any other dereliction of duty on the part of any officer, which they may discover, from time to time, and make such suggestions concerning the fiscal condition of the City as in their judgment to its best interest. They shall likewise examine the annual, final, and any and all other settlements and accountings of all city officials and employees and report the result of such examinations to the council. They shall prepare and present for passage bills making appropriations for the payment of accounts which may have been already allowed by the council, and shall inquire into the state of the city debt, its revenue and expenditures, and from time to time make such reports and suggestions in relation thereto as in their judgment the best interest of the city may require.
- Committee on streets and alleys. There shall be appointed a committee on streets and alleys. Its duties shall be to consider all matters in regard to the construction, use, maintenance and repair of the streets, alleys, sidewalks and highways, in the City, to see that all ordinances in relation thereto are strictly enforced, and to report all violations of same to the council; to exercise general supervision over the street commissioner, and over the said streets, alleys, walks and highways, including railroad crossings, make examinations of same from time to time, report to the council concerning their actual condition, and submit such recommendations for improvement or repair and such various safety and traffic regulations as shall be necessary; to see that all contracts in regard to such improvement, construction or repairs are properly executed and faithfully complied with, and to examine and audit all accounts for work done or material used in such construction improvement or repairs and present same if approved, to the Council for payment.
- Committee on public buildings and grounds. There shall be appointed a committee on public buildings and grounds. Its duties shall be to consider to all matters in regard to the construction, purchase, maintenance, repair, alteration, addition, sale or removal of all public buildings, and public ground, and report thereon to the Council when required; to exercise a supervising control over all public buildings and grounds owned by the city, prevent their being trespassed upon, injured or destroyed, make reports concerning same when deemed necessary, and to supervise the construction, removal or repair of any building and the improvement of any public ground as ordered by the council, and to examine and audit all accounts in connection therewith, and present same when properly approved to the council for allowance and payment.
- Committee on ordinances and printing. There shall be appointed a committee on ordinances and printing. Its duties shall be to consider all bills which are proposed to become ordinances, and to examine the same and correct all errors; to see that they do not conflict with the laws of the State of Missouri and the other ordinances of this city; to make such suggestions concerning same as they deem proper; to purchase such record and account books, tax books, and stationery as may be required in the business of the city, and to examine all accounts in accordance therewith, and present same to the council for allowance and payment, when properly approved.
- Committee on building and zoning. There shall be appointed a committee on building and zoning consisting of the mayor and two councilmen to be appointed by the mayor, one of whom shall be the chairman and the other the secretary. It shall have power to make general rules and regulations governing the location and construction of buildings and compliance with the zoning and building regulations. It shall closely inspect all buildings in the course of repair or construction, shall see that such repair and construction work meets the rules and regulations of the city and the provisions of the ordinances relating to buildings and zoning. It may require permits to repair or erect buildings or any other structures and submission of plans and specifications therefore, before the construction of same.
- Committee of police. There shall be appointed a committee on police. Its duties shall be to consider and report to the council on all matters in connection with the police department and the enforcement of city ordinances by the various officials to which said enforcement may be charged including as well, any safety, health and sanitation ordinances. It shall consider all problems in connection therewith, make recommendations to the mayor for appointments to positions in connection with said enforcement and shall report monthly to the council upon all matters under its supervision. It shall examine and audit all accounts in connection with its duties and when same are properly approved by them, present them to the council for final approval.
- Committee on water, sewage and fire department. There shall be appointed a committee on water, sewage and fire department. Its duties shall be to consider and report to the council on all matters in connection with the fire department and with the maintenance and operation of the water system and the establishment, maintenance, operation and repairs of sewers in the city. It shall visit the fire station at least once each month, inspect the equipment and report on the condition of the same to the council at its next regular meeting. It shall exercise supervision over any utility that may be owned by the City of Holden, including the sewage disposal plant, sewers and appurtenances and see that same are at all times kept in good condition and repair and shall report concerning the same to the council at any time the situation in their best judgment shall demand it. It shall examine and audit all accounts in connection with the above listed groups and when the same are properly approved, present them to the council for final approval.
- Committee on utilities. There shall be appointed a committee on lights and utilities. Its duties shall be to consider and report to the council on all matters in connection with supplying to the city and its inhabitants, all electric, gas, light, power, heating and telephone service. It shall see that all contracts now in being and to be made in the future for supplying the city and its inhabitants with electric, gas and telephone service are properly executed and faithfully complied with. It shall see that all franchises and other orders relating thereto are properly obeyed and enforced. It shall at all times consider the service furnished the citizens of the City of Holden by any utility to include railway and transportation lines and shall report concerning same to the council at any time the situation in their best judgment shall demand it. It shall examine and audit all accounts in connection with the above listed groups and when same are properly approved, present them to the council for final approval.
- Committee on environmental quality. There shall be appointed a committee on environmental quality. Its duties shall be to consider all matters concerning environmental quality within the City of Holden and to make reports thereon concerning same when deemed necessary to the council of the City of Holden.
- Committee on ways and means. There shall be appointed a committee on ways and means to consist of not more than three members of the council. Its duties shall be to ascertain and expedite the collection of monies owed to the city and to inquire into potential sources of new income for the city, and make such reports and recommendations relative thereto as it shall deem necessary. The committee shall possess all investigative, discovery and inquisitorial powers now vested by law in the council as a whole.
24.180. Members may file protests against council action. Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the council entered on the minutes.
24.190. Claims against city. No Account or other demand against the city shall be allowed until the same has been considered and reported upon by the council.
24.200. Ordinances, resolutions, motions and contracts.
- (ORD # 19-99) Preparation of ordinances. All ordinances shall be reviewed by the City Attorney prior to submission to the City Council.
The Mayor. City Attorney, or any member of the City Council may prepare and present any ordinance to the Council for consideration. However, if after any such ordinance is considered and rejected, such ordinance shall not again be presented to the council for a period of six months unless requested by a majority of the Council, requested by the Mayor in writing, or presented by the City Attorney.
- Introducing for passage or approval.
- Ordinances, resolutions, and other matters or subjects requiring action by the council must be introduced and sponsored by a member of the council, except that the mayor or city attorney may present ordinances, resolutions, and other matters or subjects to the council, and any councilman may assume sponsorship thereof by moving that such ordinances, resolutions matters or subjects be adopted; otherwise, they shall not be considered.
- (ORD.#7-89) All ordinances enacted and the times within which said ordinances shall take effect shall conform to RSMo Section 77.080.
- 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 section amended or repealed, and when practicable all ordinances shall be introduced as amendments to existing ordinances or sections thereof.
24.210. Reports and resolutions to be filed with clerk. All reports and resolutions shall be filed with the clerk and entered on the minutes.
24.220. Adjournment. A motion to adjourn shall always be in order and be decided without debate.