Title Page

H

FIRST READING 4-24-86  SECOND READING 5-19-86  THIRD

 

READING 8-26-86   PASSES THIS 26 DAY OF AUGUST, 1986.

 

 

 

FRANCIS L. BRILLHART, MAYOR

 

 

APPROVED BY THE MAYOR THIS 26 DAY OF AUGUST, 1986.

 

 

 

FRANCIS L. BRILLHART, MAYOR

 

Attest:

 

 

SHEILA SPIES                  GARY L. SMITH

CITY CLERK                    CITY ATTORNEY

Table of Contents

TABLE OF CONTENTS

 

TITLE I  —  General Provisions

 

Chapter 10 — Adoption of Revised Ordinances

 

Chapter 11 — Definitions

 

Chapter 12 — Construction of Ordinances

 

Chapter 13 —  Penalties

 

TITLE II —  Administrative Code

 

Chapter 20 — City Seal

 

Chapter 21 — City Organization

 

Subchapter A — General

 

Subchapter B — Officers and                                          Employees

 

Subchapter C — Councilmen

 

Subchapter D — Mayor

 

Subchapter F — City Clerk

Subchapter H — City Treasurer

 

Subchapter M — City Administrator

Subchapter N — Removal of Officers

Chapter 22 — Finances and Records

Subchapter A — Fiscal Year

 

Chapter 23 — Personnel

 

Chapter 24 — City Council

 

Chapter 25 — Procurement, Conflict of                                        Interest

 

Subchapter A — General Provisions

Subchapter B — Selection of                                          Engineering Services

 

Chapter 26 — Public Records

Chapter 27 — City Depository

 

Chapter 28 –- No Smoking

 

TITLE III — Boards and Commissions

 

Chapter 30 — Planning Commission

 

Chapter 33 — Library Board

 

Chapter 33 – Park Board

 

TITLE IV  — Buildings and Property

 

Chapter 40 — Building Permits and Code

Enforcement

 

Chapter 41 — Demolition of Substandard

Buildings

 

Chapter 42 — Zoning

 

Subchapter A — General

 

Subchapter B — District Regulations                                      for the R-I

Residential District

Subchapter C — R-2, Residential

District

 

Subchapter D — District R-3,

Residential District

 

Subchapter E — C-1, Retail Business

District

 

Subchapter F — I-1, Industrial

District

Subchapter G — Mobile Home

Subchapter H — General Regulations

Subchapter K — Change in Zoning                                      District Classifica-                                      tion

 

Subchapter L — Enforcement

 

Chapter 43 — Subdivisions

 

TITLE V   — Business and Occupations

Chapter 50 — Beer and Liquor

Chapter 51 — Junk Yards and Junk Autos

Subchapter A — Junk Yards

 

Subchapter B — Junk Autos

Chapter 52 — Peddlers and Solicitors

 

Chapter 54 — Business Licenses

 

Chapter 55 — Deceptive Trade Practices

 

Chapter 56 – Adult Entertainment

 

Chapter 58 — Swimming Pools

 

TITLE VI  — Health and Sanitation

 

Chapter 60 — Health Officer

 

Chapter 61 — Food and Food Establishments

 

Chapter 62 — Refuse, Garbage, Rubbish and

Litter

 

Chapter 64 — Litter

 

Chapter 65 — Weeds

 

Chapter 66 — Fireworks

 

Chapter 67 — Maintenance of Public & Private

Property

 

Chapter 68 — Nuisances

 

Chapter 69 — Ambulance Service

 

Chapter 123 – Open Burning

TITLE VII — Public Order

 

Chapter 70 — Fire Department

Subchapter A — Organization

Subchapter B — Cooperative Agreement

 

Chapter 71 — Police Department

Chapter 72 — Municipal Court

Chapter 73 — Animals

 

Subchapter A — Dogs, Cats and                                        kennels

 

Subchapter B — Cruelty to Animals

Subchapter C — Domestic Animal and

Fowls

 

Chapter 75 — Offenses

 

Chapter 76 — Traffic Code

 

Subchapter A — General

 

Subchapter B — Traffic Administration

 

Subchapter C — Enforcement and

Obedience to Traffic

Regulations

 

Subchapter D — Procedures on Arrest

 

Subchapter E — Operation of                                          Vehicles, Generally

 

Subchapter F — Turning Movements

Subchapter G — One-way Streets and

Alleys

 

Subchapter H — Speed Restrictions

 

Subchapter I — Traffic Control                                       Signs, Signals and Devices

 

Subchapter J — Stop and Yield Inter-                                      sections, Railroad                                      Crossings, etc.

 

Subchapter K — Stopping, Standing                                    and Parking

 

Subchapter L — Miscellaneous Driving

Rules

Subchapter M — Regulations Relative                                  to Schools

 

Subchapter N — Pedestrians

Subchapter P — Cycles

 

Appendix — The Model Traffic                                         Ordinance

 

Chapter 77 — Emergencies

Subchapter A — Civil Emergencies

Subchapter B — Local Emergency

Preparedness

Chapter 78 — Curfew

 

TITLE VIII – Taxation and Revenue

 

Chapter 80 — Real Estate Taxes

 

Chapter 82 — Motor Vehicle Licenses

 

Chapter 83 — Cigarette Tax

 

Chapter 85 — Natural Gas Franchise

 

Chapter 86 — Television Franchise Agreement

 

Chapter 87 — Electricity

 

Subchapter A — Franchise

 

Subchapter B — Gross Receipts Tax

 

Subchapter C — Street Lighting                                       Contracts

 

Chapter 88 — Telephone Franchise

 

Chapter 89 — Sales Tax

 

TITLE IX  — Streets and Sidewalks

 

Chapter 90 — Streets and Sidewalks

 

Chapter 91 — Construction of Sidewalks,

C                          Curbs and Gutters, and Driveway

Entrances

 

Chapter 92 — Special Assessments

 

Chapter 93 — Excavations

 

Chapter 94 — Driveways

TITLE X   — Race

 

Chapter 100 — Public Accommodations

Chapter 101 — Affirmative Action

 

Chapter 102 — Fair Housing

 

Chapter 103 — Parades

TITLE XI  — Utilities

 

Chapter 110 — Board of Public Works

Chapter 112 — Water Rules and Regulations

Chapter 113 — Sewers and Drainage

 

Chapter 115 — Rates and Charges

 

Chapter 117 — Lease Purchase Agreement

 

TITLE XII — Elections

 

Chapter 120 — Voting Districts

 

Chapter 121 — General and Special Elections

 

Chapter 122 — Water Reservoir

 

Chapter 123 — Open Burning

 

Chapter 124 — Numbering of Buildings

Ordinance 1

BILL NO. 7866                     ORDINANCE NO. 1

 

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF

HOLDEN, MISSOURI; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN

ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

 

*    *    *

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOLDEN, MISSOURI, AS FOLLOWS:

 

Section 1.  That this ordinance, consisting of Title I to XII, each inclusive, is hereby adopted and enacted as the “Code of Ordinances, City of Holden, Missouri,” and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council prior to March 1, 1985, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.

 

Section 2.  That all provisions of such code shall be in full force and effect from and after the adoption of this ordinance, and all ordinances of a general and permanent nature of the City of Holden, Missouri, enacted prior to March 1, 1985, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided.  That no resolution of the City, not specifically mentioned, is hereby repealed.

 

Section 3.  That the repeal provided for in Section 2 hereof shall not affect any offenses or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City, or any evidence of the City’s indebtedness, or any contract or obligations assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect ordinances establishing positions, classifying employees and setting salaries, not inconsistent with such Code; nor shall such repeal affect any right of franchise granted by any ordinance to any person, firm or corporation; nor shall such repeal affect  any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City; nor shall such repeal affect any ordinance levying or imposing taxes; nor shall such repeal affect ordinances prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on load of vehicles, or loading zones, not inconsistent with such Code; nor shall such repeal affect any ordinance establishing and prescribing the street grades of any street in the

City; nor shall such repeal affect any ordinance providing for local improvements and assessing taxes therefore; nor shall such repeal affect any ordinance dedicating or accepting any plat or subdivision in the City; nor shall such repeal affect any ordinance extending the boundaries of the City; not shall such repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

 

 

 

Section 4.  Any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the Code of Ordinances of the City of Holden shall be understood and intended to include such additions and amendments.

 

Section 5.  A copy of such Code shall be kept on file in the office of the

City Clerk, preserved in loose leaf form, or in such other form as the City

Clerk may consider most expedient.  It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council.  This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of Holden, Missouri.

 

Section 6.  In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Chapter 13 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

 

Section 7.  It shall be unlawful for any person, firm or corporation in the

City to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Holden to be misrepresented thereby.  Any person, firm or corporation violating this section shall be punished as provided in Chapter 13 of the Code of Ordinances of the City of Holden.

 

Section 8.  All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 9.  This ordinance shall become in full force and effect from and after its passage and approval.

Chapter 10 – Adoption of Revised Ordinances

Chapter 10 — Adoption of Revised Ordinances

 

10.010.    Contents of Code.  This Code contains all ordinances of a general and permanent nature of the City of Holden, Missouri and includes ordinances dealing with municipal administration, municipal elections, building and property regulation, business and occupations, health and sanitation, public order, and similar subjects.

 

  1. Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published and recorded in the book of ordinances, but shall not be prepared for insertion in this Code, nor be deemed a part hereof.

 

  1. Ordinances which are of a general or permanent nature shall be prepared for insertion in this code and be deemed a part hereof.

10.020.    Citation of Code.  This Code may be known and cited as the “Holden, Missouri, City Code.”

 

10.030.    Official copy.  The official copy of this Code, bearing the signature of the mayor and attestation of the city clerk as to its adoption shall be kept on file in the office of the city clerk.  A copy of this Code shall be kept in the city clerk’s office available for public inspection.

 

10.040.    Altering Code.  It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.  Any person, firm or corporation violating this section shall be punished as provided in Chapter 13 of this Code.

 

10.050.    Numbering.  Each section number of this Code shall consist of two parts separated by a period; the figure before the period referring to the chapter number, and the figure after the period referring to the position of the section in the chapter.  The latter figure shall consist of three digits.

 

10.060.    Amendments to Code.  All amendments to this Code, duly passed by the City Council, shall be prepared by the city clerk for insertion in this Code.

Chapter 11 – Definitions

Chapter 11 — Definitions

11.010.    Definitions.  In the construction of this Code and of all other ordinances of the City, the following definitions shall be observed, unless it shall be otherwise expressly provided in any section or ordinance, or unless inconsistent with the manifest intent of the board of aldermen, or unless the context clearly requires otherwise:

 

  1. The words “the City” or “this City” or “City” shall mean the City of Holden, Missouri.

 

  1. City Council. The words “City Council” shall mean the City Council of Holden, Missouri.

 

  1. The words “the county” or “this county” or “county” shall mean the County of Johnson, Missouri.

 

  1. The word “day” shall mean a day of 24 hours, beginning at 12 o’clock midnight.

 

  1. Keeper; proprietor. The words “keeper” and “proprietor” shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or by a representative, servant or agent.

 

  1. The word “may” is permissive.

 

  1. The word “mayor” shall mean the mayor of Holden, Missouri.

 

  1. The word “month” shall mean a calendar month.

 

  1. The word “oath” shall be construed to include an affirmation in all cases in which an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

 

  1. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

 

  1. The word “person” shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals.  It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law.  Whenever the word “person” is used in any section of this Code prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.

 

  1. Preceding, following. The word “preceding” and “following” shall mean next before and next after, respectively.
  2. The word “property” shall include real and tangible and intangible personal property.
  3. Public way. The words “public way” shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

 

  1. Real property. The terms “real property,” “premises,” “real estate” or “lands” shall be deemed to be co-extensive with lands, tenements and hereditaments.

 

  1. the word “shall” is mandatory.

 

  1. the word “sidewalk” shall mean that portion of the street between the curb line and the adjacent property line which is intended for the use of pedestrians.

 

  1. Where the written signature of any person in required, the proper hand-writing of such person or his mark shall be intended.

 

  1. The word “the state”, or “this state” or “state” shall mean the State of Missouri.

 

  1. The word “street” shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.

 

  1. Tangible personal property. “Tangible personal property” shall include goods, chattels and all personal property, except intangible personal property.

 

  1. Tenant, occupant. The words “tenant” or “occupant,” applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

 

  1. The word “writing” and “written” shall include printing, lithographing or any other mode of representing word and letters.

 

  1. The word “year” shall mean a calendar year, unless otherwise expressed, and the word “year” shall be equivalent to the words “year of our Lord.”

 

(Ord. #7-87) 25.    Public Places.  “Public place” shall be interpreted to mean any place to which the general public has access and a resort for business, entertainment, or other lawful purposes, but does not mean a place devoted solely to the uses of the public.  It shall also include the front, or immediate surrounding area, including the parking areas of any store, shop, restaurant, tavern, or other place of business, and also includes all designated public grounds, areas, and parks.

 

11.020.    Newspaper.  Whenever in this Code or other ordinance of the City it is required that notice be published in the “official newspaper” or a “newspaper of general circulation published in the City,” and if there is no such newspaper published within the City, the said notice shall be published in a newspaper of general circulation within the City, regardless of its place of publication.

Chapter 12 – Construction of Ordinances

Chapter 12 — Construction of Ordinances

12.010.    Construction, generally.  All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out.  Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to the technical import.

 

12.020.    Headings.  The headings of the chapters and sections of this Code are intended as guides and not as part of this Code for purposes of interpretation or construction.

 

12.030.    Continuation of prior ordinances.  The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the adoption of this Code, shall be considered as a continuation thereof and not as new enactments.

 

12.040.    Repeal of ordinances not to affect liabilities.  Whenever any ordinance or part of an ordinance shall be repealed or modified, either expressly or by implication, by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the subsequent ordinance repealing or modifying the prior ordinance shall go into effect unless therein otherwise expressly provided; but no suit, prosecution, proceeding, right, fine or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in anywise be affected, released or discharged but may be prosecuted, enjoyed and recovered as fully as if such ordinance or provisions had continued in force, unless it shall be therein otherwise expressly provided.

 

12.050.    Repeal not to revive former ordinance.  When an ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it be expressly so provided and such former ordinance, clause or provision is set forth at length.

 

12.060.    Severability.  It is hereby declared to be the intention of the City Council that the chapters, sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, section, or chapter of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections, and chapters of this Code since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

 

12.070.    Tense.  Except as otherwise specifically provided or indicated by the context, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event, or requirement for which provision is made herein, either as a power, immunity, requirement. or prohibition.

 

12.080.    Notice.  Whenever notice may be required under the provisions of this Code or other city ordinance, the same shall be served in the following manner:

  1. By delivering the notice to the owner personally or by leaving the same at his residence, office or place of business with some person of suitable age and discretion, or

 

  1. By mailing said notice by certified or registered mail to such owner at his last known address, or

 

  1. If the owner is unknown, or may not be notified under the requirements of Section 12.080 (1) or (2), then by posting said notice in some conspicuous place on the premises at least five (5) days before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any city officer, unless permission is given by said officer.

12.090.    Same, exceptions.  The provisions of the preceding section shall not apply to those chapters of this Code wherein there is a separate definition of notice.

12.100.    Computation of time.  In computing any period of time prescribed or allowed by this Code or by any notice or order issued pursuant thereto, the day of the act, event or default after which the designated period of time begins to run is not to be included.  The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a legal holiday.  When the period of time prescribed or allowed is less than seven days, intermediate Sundays and legal holidays shall be excluded in the computation.  A half holiday shall be considered as other days and not as a legal holiday.

 

12.110.    Gender.  When any subject matter, party or person is described or referred to by words importing the masculine, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.

 

12.120.    Joint authority.  Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons.

 

12.130.    Number.  When any subject matter, party or person is described or referred to by words importing the singular number, the plural and separate matters and persons and bodies corporate shall be deemed to be included; and, when words importing the plural number are used, the singular shall be deemed to be included.

Chapter 13 – Penalties

Chapter 13 — Penalties

13.010.    General penalty.  Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the city or county jail not exceeding ninety days or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a statute of the state, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the city prison or workhouse instead of the county jail.

 

13.020.    Every day a violation.  Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

 

13.030.    Responsibility.  Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act.  Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.

 

13.040.    Imprisonment upon failure to pay penalty imposed for violation of ordinance.  When a fine shall be imposed for the violation of any ordinance of the City of Holden or any section thereof the court may also sentence the defendant to pay the cost of the action and to be imprisoned until such fine and costs are paid, in no case, however, to exceed three months, and the court may also issue an execution against the property of the defendant for said fine and costs.

Chapter 20 – City Seal

Chapter 20 — City Seal

20.010.    Corporate Seal.  The emblem in the form attached to and hereby made a part of this Chapter is approved and adopted by the City Council as the official emblem of the City of Holden, Missouri, to be used as needed for identification and promotion of functions and programs of the City of Holden, Missouri.

20.020.    Seal described.  The seal of the City shall, as heretofore, be the word “Seal” inside of and surrounded by a scroll or circular impression having inscribed therein the words, “City of Holden, Holden, Missouri.”  The seal shall be circular and about two inches in diameter.  The city seal shall be safely kept in the office of the city clerk.

Chapter 21 – City Organization

Chapter 21 — City Organization

Subchapter A — General

 

21.010.    Incorporation and classification.  The City of Holden, Missouri is incorporated, and classified as a Third Class City.  In accordance with

State law, providing for optional forms of government, the City of Holden has adopted the Mayor-Council form of government, and known as the “weak MayorCouncil form.”  This means most administrative offices are elected, and appointments are made with consent of the City Council, and consequently the mayor has little administrative power.  This form of structure approximates the federal government in that it includes the concept of separation of powers (executive, legislative, and judicial) and checks and balances.  The City Council is the basic governing unit because it levies taxes, appropriates monies, makes decisions on policy matters, and in some instances supervises the administration.  The Council is the legislative body of the City of Holden.  It adopts local resolutions and ordinances within the framework of latitude given it by State law.  The laws of the City of Holden are the ordinances, and these may be divided into three categories;

 

  1. Administrative, dealing with the organization of government (i.e. the division of powers between administration departments, the salary scale for employees),

 

  1. Contractual, such as the granting of franchises to private utility firms, and

 

  1. Penal ordinances that regulate the conduct of persons and are based on the general policy powers of the municipality to protect the health, welfare, and safety of the citizens of the City of Holden. Many ordinances cover fields where State laws already operate.  State laws may also be adopted by reference and incorporated into local ordinances.  The City shall have power to enact all ordinances not repugnant to the Constitution and laws of this State.

 

Subchapter B — Officers and Employees

 

21.100.    (ORD #7-94) Officers enumerated.  The officers of this City shall consist of

 

  1. the following elective officers:

 

  1. Mayor

 

  1. Councilmen (two year term)

 

  1. (ORD # 13-98) and the following appointive officers:

 

  1. City Clerk
  2. Street Superintendent
  3. Chief of Police
  4. Fire Chief
  5. Ambulance Director
  6. Civil Defense Director
  7. Superintendent of Water
  8. Animal Control Officer
  9. City Prosecutor
  10. City Attorney
  11. City Treasurer
  12. City Engineer
  13. and any other agents as may be required from time to time.

21.110.    Term of appointive officers.  (ORD # 05-08) All appointive officers shall be appointed to serve at the pleasure of the Mayor and the City Council, except for the Chief of Police, who is subject to the Police Personnel Board (Merit Board). All such officers, once appointed, shall continue to serve in said office at the pleasure of the Mayor and a majority of the City Council until their resignation or when a successor shall be selected upon

recommendation of the Mayor with the consent and approval of the members of the City Council pursuant to the procedures of Section 21.170

 

21.120.   (ORD # 13-98) Officers to be qualified voters and residents; exceptions.  All officers elected or appointed to offices under the city government shall be qualified voters under the laws and Constitution of this state and this Code; except, that appointed police officers, city attorney, city prosecutor, city engineer,  and other employees having only ministerial duties need not be registered voters of the City.  No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid city taxes, or forfeiture or defalcation in office.  All officers, except appointed police officers, city attorney, city prosecutor, city engineer, and other employees having only ministerial duties, shall be residents of the City.

 

21.130.    Persons required to take oath of office.  Each of the following officers and employees in the municipal service shall be required to take an oath of office before entering upon the discharge of his duties, which oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the city clerk.

 

  1. The mayor and each officer.

 

  1. Every member of the Department of Police (including private, special, temporary or substitute policemen which the City might find it necessary to appoint.)

 

  1. Every member of the Department of Fire who serves on a full-time basis.

 

21.131.    Form of oath for the mayor and officers.

 

State of Missouri )     County of Johnson )   ss.     City of Holden    )

 

I, ________________________, do solemnly swear that I will support the

Constitution of the United States, the Constitution of the State of Missouri, and the Charter and Ordinances of the City of Holden; that I will faithfully, honestly and impartially discharge my duties as________________________________ during my continuance therein; that I am not directly or indirectly peculiarly interested in any public service corporation engaged in business in the City of Holden, or in or with any person or corporation having contracts with the said City, so help me God.

 

________________________________

 

Subscribed and sworn to before me this _____________ day of _________________________, _______.

 

 

________________________________

City Clerk

 

21.132.    Form of oath for members of Departments of Fire and Police.

 

State of Missouri  )     County of Johnson  )  ss.     City of Holden     )

 

I, ________________________, do solemnly swear that I will support the

Constitution of the United States, the Constitution of the State of Missouri, and the Charter and Ordinances of the City of Holden; and that I will, to the best of my ability, faithfully, perform the duties of the office of

__________________________ during my continuance therein, so help me God.

 

________________________________

 

 

Subscribed and sworn before me this

 

____________ day of ________________________, _________.

 

 

________________________________

City Clerk

 

21.135.    Bonds, required of certain officers.  The following named City officials shall each, before entering upon the duties of their respective offices, give a good and sufficient surety company bond to the City, duly approved by the city attorney, and conditioned upon the faithful performance and discharge of their respective duties, and for the proper application and payment of all money or property coming into their hands by virtue of their offices in the following amounts:

 

Mayor………………..  $ 2,500.00

City Attorney…………    2,500.00

City Treasurer………..   10,000.00

City Clerk……………    2,500.00

 

21.140.    Commission to be delivered.  Upon filing of the oath of office and approval of bond, when bond is required, the city clerk shall deliver to the person elected or appointed a commission signed by the mayor, and under the seal of the City, duly countersigned by the clerk, authorizing the person therein named to discharge the duties of the office therein named for the term for which he was appointed or elected.

 

21.150.    Salaries.  The City Council shall have the power to fix the compensation of all officers and employees of the City by ordinance.  The salary of an officer shall not be changed during the time for which he was elected or appointed.  In addition to the fees allowed by this Code or other law or ordinance the city officers shall receive such compensation for their services as the City Council shall from time to time provide.

 

21.160.    Administration of oaths.  The mayor, mayor pro tem and city clerk are hereby empowered and authorized to administer oaths or affirmations in the following cases:

 

  1. The mayor, to witnesses or other persons concerned with any subject under consideration by the City Council in which the interest of the City is involved.

 

  1. The municipal judge, to witnesses, jurors, or other persons relating to any trial or other proceedings within the jurisdiction of his court.
  2. The city clerk, to any person certifying to any demand or claim against the City concerning the correctness of the same.

 

21.170.    Vacancies.  Vacancies shall be filled as follows:

 

  1. If a vacancy occurs in any elective office, the mayor or the person exercising the duties of the mayor shall cause a special meeting of the City Council to convene where a successor to the vacant office shall be selected. The successor shall serve until the next regular election.  If a vacancy occurs in any office not elective, the mayor shall appoint a suitable person to discharge the duties of such office until the first regular meeting of the City Council thereafter, at which time such vacancy shall be permanently filled.

 

  1. If a vacancy occurs in any office not elective, the mayor shall appoint a suitable person to discharge the duties of such office until the first regular meeting of the City Council thereafter, at which time such vacancy shall be filled for the unexpired term of which was vacated, by the mayor and with the consent and approval of the majority of the members of the City Council.

 

  1. Immediately upon the suspension of an officer it shall be the duty of the mayor to appoint a competent, responsible person to discharge the duties of such officer for the period of the suspension.

 

Subchapter C — Councilmen

21.200.    Qualifications of councilmen; terms of office.  No person shall be councilman unless he is at least twenty-one years of age prior to taking office, a citizen of the United States, and an inhabitant of the City for one year next preceding his election, and a resident of the ward from which he is elected six months next preceding his election.  Nor shall any person be eligible for the office of councilman who is in arrears for any tax, lien, forfeiture or defalcation in office.  All members of the City Council shall hold their office for a term of two years.

 

21.210.    Oath.  Before entering upon the discharge of the duties of his office, each councilman shall take and subscribe an oath or affirmation before the city clerk that he possesses all the qualifications prescribed for his office by the laws of the state and this Code or other ordinances of this City; that he will support the Constitution of the United States and of this state, and this Code and other ordinances of this City, and that he will faithfully demean himself in office.

21.220.    Membership.  The members of the City Council shall be two in number from each ward of the City.

 

Subchapter D — Mayor

 

21.300.    Qualifications of mayor; term of office.  No person shall be mayor unless he is at least thirty years of age, a citizen of the United States and a resident of such city at the time of and for two years next preceding his election.  Nor shall any person be mayor who is in arrears for any tax, lien, forfeiture or defalcation in office.  The mayor shall hold his office for a term of four years.

 

21.310.    Vacancy in office of mayor, how filled; president pro tem, duties of.  (ORD # 04-08) When any vacancy shall happen in the office of mayor, by death, resignation, removal from the City, removal from office, refusal to qualify or otherwise, the president pro tem of the council shall, for the time of said vacancy, perform the duties of the mayor until such vacancy be filled; and in case of temporary absence of the mayor or disability to perform the duties of his office, the president pro-tem of the council shall perform the duties of mayor until the mayor shall return or such disability be removed; and during the time the president pro tem of the council shall act as mayor, he shall receive the same compensation that the mayor would be entitled to.  In case of vacancy other than a temporary absence or disability, nominations of a successor may be made by any member of the council, and a successor may be elected to serve as mayor with the consent of five (5) of eight (8) members of the council.  Should the council members be unable or unwilling to elect a successor, the president pro tem of the council or a majority of the council upon notice and motion made may call for a special election to elect a successor.  The successor so selected shall serve until the next scheduled municipal election at which time such vacancy shall be filled by the election of a successor to serve the remainder of the existing term as mayor.

 

21.320.    (ORD # 5-99) Mayor to be president of council; vote.  The mayor shall be president of the council and shall preside over same, but shall not vote except in case of a tie in said council, when he shall cast the deciding vote; however, he shall have no such power to vote in cases wherein he is an interested party.  The Mayor shall preserve strict order and decorum at all regular and special meetings of the council.  He shall state every question coming before the council, announce    the decision of the council on all subjects and decide all questions of order, subject to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such questions of order.  The Mayor shall have superintending control of all officers and affairs of the City and shall ensure that the ordinances of the City and the State laws relating to such City are complied with.

 

21.330.    Mayor to approve ordinances; may veto; proceedings when vetoed.  Every bill presented to the mayor and returned to the council with the approval of the mayor shall become an ordinance, and every bill presented as aforesaid, but returned with his objections thereto, shall stand reconsidered.  The council 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 not with-standing?”  The votes on this question shall be taken by yeas and nays and the names entered upon the journal, and if two-thirds of all the members-elect shall vote in the affirmative, the president 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 city council, and shall also possess the power to approve all or any portion of the general appropriation bill, or to veto any item or all of the same; provided, that should he neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become a law without his signature.

 

21.335.    Mayor may veto resolutions and orders.  The mayor shall also have the power to veto any resolution or order of the council which calls for or contemplates the expenditure of the revenues of the City.  Such vetoes shall be noted on the journal of the council, and shall be effective and binding unless the council, at a subsequent session thereof, general or special, shall pass said resolution or order by a vote of three-fourths of all the members elected to the council.

 

21.340.    Mayor shall communicate to the council, what.  The mayor shall, from time to time, communicate to the council such measures as may, in his opinion, tend to the improvement of the finances, the police, health, security, ornament, comfort and general prosperity of the City.

 

21.345.    Shall make report to council, when.  The mayor shall make a written report to the council, on or before the first day of July of each year, which report shall contain his estimate of the necessary appropriations to meet all the wants of the current year, and the estimated receipts from licenses, taxes and other sources, and which shall also show the actual financial condition of the City.

 

21.350.    May require officers to exhibit accounts.  The mayor shall have power to require, as often as he may deem it necessary, any officer of the City to exhibit his accounts or other papers or records, and to make report to the council, in writing, touching any subject or matter pertaining to his office.

 

21.355.    Mayor shall sign commissions, drafts.  The mayor shall sign the commissions and appointments of all city officers elected or appointed in the City, and shall approve all official bonds.  He shall sign all orders and drafts drawn on the treasury for money, and cause the city clerk to attest the same, and to affix thereto the seal of the City, and to keep an accurate record thereof in a book to be provided for that purpose.

21.360.    May appoint what officers.  The mayor, with the consent and approval of a majority of the members elected to the city council, shall have power to appoint a street commissioner and such other officers as he may be authorized by ordinance to appoint.

 

21.365.    Shall enforce ordinances.  The mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he is hereby authorized to call on every male inhabitant of the City, over eighteen years of age and under fifty, to aid in enforcing the laws.

 

21.370.    Standing committees appointed.  The mayor shall, at the first meeting of the City Council after each annual election, name the members of such standing committees as he deems necessary, which shall consist of two or more members of the City Council.

 

21.375.    Proclamations, meetings, elections.  The mayor shall have the power to issue proclamations, call mass meetings and regular and special elections in such a manner as this Code or other ordinances or state law may provide.

 

21.380.    (ORD # 10-95) Compensation.  The mayor shall receive such compensation for his services as shall from time to time be enacted by the City Council.

 

Subchapter F — City Clerk

 

21.500.    (ORD # 20-99) Appointment of City Clerk.  The City Clerk shall be appointed by the Mayor with the approval of the City Council.

 

21.510.    Duties, generally.  The city clerk shall, in addition to other duties which are or may be required of him by this Code or other ordinance, attend all meetings of the City Council.

 

  1. He shall have the custody of the books, records, papers and documents belonging to the City.

 

  1. He shall prepare all certificates of election or appointment of the city officers, and deliver the same to the persons elected or appointed.

 

  1. He shall countersign all city bonds, warrants, drafts and orders upon the treasury for money, and shall see that all ordinances appropriating money out of the treasury are endorsed by the treasurer before passage, and shall affix thereto the seal of the City and keep a record thereof showing the number, date and amount thereof, the name of the person to whom, and on what account issued, and when redeemed.

 

  1. He shall record the certificates, oaths and bonds of all the City officers.

 

  1. He shall keep an index of the records of proceedings of the City Council.

 

  1. He shall prepare blank licenses for all purposes for which licenses are required to be issued, and when required, shall cause the same to be issued, signing his name and affixing the seal of the City thereto, and shall keep an account with the collector for such licenses and the amount of the license tax thereon.

 

  1. He shall furnish without delay to any person, when called upon during business hours to do so, certified copies of any records, books, or papers which are in his custody, for which services a reasonable fee to be set by city ordinance may be charged, and which shall be paid by the person demanding such certified copy into the treasury of the City, of fifty cents ($.50) per sheet.

 

21.520.    Compensation.  The salary of the city clerk shall be such as from time to time the City Council shall fix by ordinance as a certain amount per month payable by warrant on the City treasury.

 

21.530.    Temporary city clerk.  Upon temporary disability or inability of the city clerk to perform his duties as set forth in this Code or other ordinances of the City due to illness, absence from the City or other cause, the City Council shall, in the same manner as the city clerk is appointed as set forth in Section 21.500, proceed to appoint a temporary city clerk who shall have the same powers and duties as the regular city clerk and shall hold office until the disability of the city clerk is removed.

 

  1. Such temporary city clerk shall receive as compensation such salary as the City Council shall provide for at the time of the appointment.

 

Subchapter H — City Treasurer

 

21.700.    (Ord.#7-94) Appointing City Treasurer. The City Treasurer shall be appointed by the Mayor with the consent and approval of the majority of the City Council.

 

21.710.    Oath.  Before entering upon the discharge of the duties of his office, the city treasurer shall take and subscribe an oath that he possesses all of the qualifications prescribed for his office by this Code or other ordinances; that he will support the Constitution of the United States and of the State, the provisions of the state law which relate to this City and this Code and other ordinances of the City, and that he will faithfully demean himself in office.

 

21.720.    Duties, generally.  The treasurer shall receive and safely keep all money of the City which may come into his hands, and shall disburse the money only upon warrants properly drawn, and which are signed by the mayor and attested by the city clerk.  He shall keep, in a set of books provided for that purpose, a full and accurate account of all money received and disbursed by him on behalf of the City specifying the date of receipt or disbursement from whom received to whom disbursed and on what account received and disbursed.  He shall keep a separate account of each fund and appropriation, and the debits and credits belonging thereto.  He shall keep a register of all warrants paid into the treasury, describing such warrants by their date, number, name of payee and amount, specifying the time of receipt thereof, from whom received and on what account.  He shall issue duplicate receipts for all sums of money which may be paid into the treasury, specifying in such receipts the date of payment and upon what account paid.  One of these receipts shall be given to the person making the payment and the other he shall file with the city clerk who shall thereupon credit the person named in the receipt with the amount of his payment and charge the treasurer with the same.  On the last week of each month he shall furnish the city clerk with a written statement showing the balance in the treasury at the beginning of the month, the amount received during the month and on what account received, the amounts disbursed during the month and on what account disbursed, and the balance remaining to the credit of each fund and constituting the general balance in the treasury at the close of business on the date when such statement is made as aforesaid.  He shall receive and safely keep all warrants, bonds and obligations of the City entrusted to his care and shall dispose of the same only upon proper authority from the City Council, or as provided by this Code or other ordinances. He shall perform such other duties as may be required of him.  He shall prepare semiannually a statement of the receipts and expenditures of the City, and cause the same to be published in a newspaper published in the City.

 

21.740.    Access to officers’ books; city clerk to enjoy same access.  The city treasurer and city clerk shall have free access to each other’s offices for the inspection of all books, accounts and papers which they respectively contain, and free access to all other offices of this City for the inspection of such books, accounts and papers as concern any of their duties.

 

21.750.    Compensation.  The treasurer shall receive as full compensation such a sum as shall be, from time to time, fixed by ordinance of the City Council.

 

21.810.    May appoint chief of police.  The City Council is hereby authorized to appoint a chief of police upon such terms and conditions as to the Council shall seem appropriate, with the recommendation of the merit board.

(ORD # 7-94)

Subchapter K — City Attorney and City Prosecutor

 

21.900.    The City Attorney and City Prosecutor shall be appointed by the Mayor with the consent and approval of the majority of the City Council.  The term of office for the City Attorney and City Prosecutor shall each be for a period of two years.

 

Subchapter L — City Engineer

 

21.910.    Establishing, appointment, and status.  The official position of City Engineer for the City of Holden, Missouri is hereby established.  The Mayor may, with the consent and approval of the City Council, appoint a person, firm, or entity to serve at will and may be terminated from city service as set forth in the Removal of Officers portion of this chapter.

 

 

21.920.    Duties and compensation.  The City Engineer’s duties shall be regulated and proscribed by the Mayor; however, the Council may override the decision of the Mayor on this issue by two-thirds vote.  The City Engineer’s compensation shall be established by the City Council.

 

21.930.    Term of office.  The term of office for the City Engineer shall be for a term of two years.

 

(ORD # 08-08)Subchaper M –- City Administrator

 

Section 2. Appointment and Tenure:  A qualified person shall be appointed City Administrator for the City of Holden by the Mayor; such appointment shall be approved by two-thirds (2/3) majority of the entire City Council.  The person so appointed shall serve for an in definite term.

Section 3.  Qualifications:  The person appointed to the office of City

Administrator shall be at least twenty-three (23) years of age, and with twelve (12) months from appointment shall be a graduate of an accredited university or college, majoring in public or municipal administration or shall have the equivalent qualifications and experience in financial, administration and/or pubic relations fields.

 

Section 4.  Bond:  The City Administration, before entering upon the duties of his office, shall file with the City a bond in the amount of fifty Thousand Dollars ($50,000.00); such bond shall be approved by the City Council and such bond shall insure the City of Holden for the faithful and honest performance of the duties of the City of Holden and for rendering a full and proper account to the City of Holden for funds and property that shall come into the possession or control of the City Administrator.  The cost of such bond shall be paid by the City of Holden; however, should the City

Administrator be covered by a blanket bond to the sane extend; such individual bond shall not be required.

 

Section 5.  Compensation;  The City Administrator shall receive such compensation as may be determined from time to time by the City Council and such compensation shall be payable bi-weekly.

 

Section 6.  The City Administrator shall serve at the pleasure of the appointing authority.  The Mayor, with the consent of two-thirds (2/3) of the entire City Council, may remove the City Administrator from office at will, and such City Administrator also may be removed by a three-fourths (3/4) vote of the City Council independently of the Mayor’s approval or disapproval.  If requested, the Mayor and City Council shall grant the City Administrator a public hearing within thirty (30) days following notice of such removal.  During the interim, the Mayor, with the approval of a majority of the City Council, or by three-fourths (3/4) vote the City Council without the Mayor’s approval, may suspend the City Administrator from duty, but shall continue his salary for two (2) calendar months following the final removal date, provided, however, that if the City Administrator shall be removed for acts of dishonesty or acts of moral turpitude, such salary shall not be continued.

 

Section 7.  Duties:  A. Administrative Office.  The City Administrator shall be the chief administrative assistant to the Mayor and as such be the administrative officer of the City government.  Except as otherwise specified by ordinance or by the laws of the State of Missouri, the City Administrator shall coordinate and generally supervise the operation of all departments of the City of Holden.

 

  1. The City Administrator shall be the

agent for the City of Holden and all purchases amounting to less that Two Hundred Fifty Dollars ($250.00) shall be made under his direction and supervision, and all such purchases shall be made in accordance with purchasing rules and procedures approved by the City Council.

 

  1. Budget: The City Administrator shall be the

budget officer of the City of Holden and shall assemble estimates of the financial needs and resources of the City for each ensuing year and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and an analysis to be proposed to the Mayor and City Council for their final approval.

 

  1. Financial Reports: The City Administrator shall

make monthly reports to the Mayor and City Council relative to the financial condition of the City.  Such reports shall show the financial condition of the City in relation to the budget.

 

  1. Annual Report: The City Administrator shall  Prepare and present to the Mayor and City Council an annual report of the City’s affairs, including in such report a summary of reports of department heads and such other reports as the Mayor and City Council may require.

 

 

  1. Personnel System: The City Administrator shall

act as the personnel officer of the City and shall recommend an appropriate position classification system and pay plan to the Mayor and City Council.  The City Administrator, after consultation with department heads, shall approve advancements and appropriate pay increases within the approve pay plans and position classification system.  The City Administrator shall have the power to appoint and remove (in accordance with Personnel System regulations approved by the City Council) all subordinate employees of the City of Holden.  The City Administrator shall make recommendations of appointment and removal of department heads.

 

  1. Policy Formulation: The City Administrator shall recommend to the Mayor and City Council adoption of such measures as he may deem necessary or expedient for the health, safety or welfare of the City or for the improvement of administrative services for the City.
  2. City Council Agenda: The City Administrator shall submit to the Mayor and City Council a proposed agenda for each Council meeting at least forty-eight (48) hours before the time of the regular Council meeting.

 

  1. Boards and Committees: The City Administrator shall work with all City boards and committees to help coordinate the work of each.

 

  1. Attend City Council Meetings: The City Administrator shall attend all meetings of the City Council.

 

  1. Bid Specifications: The City Administrator shall Supervise the preparation of all bid specifications for services and equipment and receive sealed bids for presentation to the City Council.
  2. State and Federal Aid Programs: The City Administrator shall coordinate federal and state programs that may have application to the City of Holden.

 

  1. Conference Attendance: The City Administrator shall attend state and regional conferences and programs applicable to this office, and the business of the City of Holden whenever such attendance is directed and approved by the City Council and Mayor.
  2. Press Releases: The City Administrator shall be responsible for keeping the public informed in the purposes and methods of City government through all available news media.

 

  1. Record Keeping: The City Administrator shall

keep full and accurate records of all actions taken by him in the course of his duties, and he shall safely and property keep all records and papers belonging to the City of Holden and entrusted to his care; all such records shall be and remain the property of the City of Holden and be open to inspection by the Mayor and City Council at all times.

 

  1. Miscellaneous: In addition to the foregoing

duties, the City Administrator shall perform any and all other duties or functions prescribed by the Mayor and City Council.

 

Section 8.  Powers:  A.  City Property:  The City Administrator shall have the responsibility for all real and personal property of the City of Holden.  He shall have responsibility for all inventories of such property and for the upkeep of all such property.  Personal property may be sold by the City Administrator only with approval of the City Council.  Real property may be sold only with the approval of the City Council by resolution or ordinance.

  1. Set Administrative Polices: The City  Administrator shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority, and he shall have the power to revoke, suspend or amend any rule or regulation of the administrative service except those prescribed by the City Council.

 

  1. Coordinate Departments: The City Administrator

shall have the power to coordinate the work of all the departments of the City, and, at times of an emergency, shall have authority to assign the employees of the City to any department where they are needed for the most effective discharge of the functions of City government.

 

  1. Investigate and Report: The City Administrator

shall have the power to investigate and to examine or inquire into the affairs or operation of any department of the City under his jurisdiction, and shall report on any condition or fact concerning the City government requested by the Mayor and City Council.

 

  1. Coordinate Officials: The City Administrator

shall have the power to overrule any action taken by a department head and may supersede him in the functions of his office.

 

  1. Appear Before the City Council: The City Administrator shall have the power to appear before and address the City Council at any meeting.

 

  1. At no time shall the duties or powers of the City Administrator supercede the action by the Mayor and City Council.

 

Section 9.  Interference BY Members of the City Council:  No member or the City Council shall directly interfere with the conduct of any department or duties of employees subordinate to the City Administrator except at the express direction of the City Council or with the approval of the City Administrator.

 

Section 10. Severance Clause:  The provisions of this ordinance are

declared to be severable and, if any section, sentence, clause or phrase of this ordinance shall for any reason be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance, but they shall remain in effect, it being the legislative intent of the City Council that this ordinance shall stand notwithstanding the invalidity of any part.

Section 11.  Repeal of Ordinances in Conflict:  All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

 

 

 

 

Subchapter N — Removal of Officers

 

21.1100.  Remove appointed officers, when.  The mayor may, with the consent of a majority of all members of the City Council, remove from office any appointed officer at will, and any such appointed officer may be removed by a two-thirds vote of all members of the City Council, independently of the mayor’s approval or recommendation.

 

21.1110.  Remove elected officers, when.  The mayor may, with the consent of a majority of all members elected to the City Council, remove from office for cause shown, any elective officer of the City, such officer first being given an opportunity, together with his witnesses, to be heard before the City Council, sitting as a board of impeachment.  Any elective officer including the mayor may, in like manner, for cause shown, be removed from office by a twothirds vote of all members elected to the City Council, independently of the mayor’s approval or recommendation.

 

21.1120. Charges made, how.  Such charge against elective officers shall              be made in writing, and shall be preferred only by the mayor or some member of the City Council.  If the board shall deem it expedient to take action upon the charges preferred, they shall make an order suspending the officer so charged from further exercising the function of his office, such charges and order shall be filed with the city clerk, who shall forthwith make a copy thereof and deliver the same together with the original charge and order to the chief of police or assistant chief of police, who shall at once serve such copies on the accused, by delivering the same to him or by leaving them at his usual place of abode, and shall return the original charge and order to the city clerk, with his return in writing of the time, place and manner of such service endorsed thereon, and the officer so charged shall be suspended from office from and after such service, until duly acquitted of such charges or otherwise ordered  by the City Council. In case of suspension of the mayor, as herein provided, the president of the City Council shall be vested with the powers and duties of the mayor until the disability of said mayor be removed.

 

21.1130. Hearing.  Immediately upon the suspension of any elective officer, the City Council shall fix a time for hearing the cause and the chief of police or assistant chief of police shall serve the officer so charged with a written notice of the time and place of hearing such charges, in the usual manner of serving summons as provided for by the Statutes of the State of

Missouri.  On the day set for the hearing of the case, the City Council shall meet and proceed according to such rules as they may adopt, to hear the evidence against and in favor of the accused, and they may adjourn from time to time, as may be necessary, until all the evidence shall have been taken.  The Council shall vote by “ayes and “nays” upon the charges separately, and the question voted on shall be, “Is the accused guilty?”. If the Council, by a majority vote of all the members elected, find the accused guilty of any charge or specification, such officer may, by resolution be removed from office. Upon  the adoption of such resolution, the office of the accused shall be vacant. The proceedings of the Council shall be entered at large upon the records of the City.

21.1140.  Subpoenas.  Subpoenas for witnesses may be issued by the mayor or the person acting as mayor, and shall be served by the chief of police or assistant chief of police and the City Council shall have the power to compel the attendance of witnesses and to compel witnesses to testify, and depositions may be taken and read in the same manner as in courts.

 

21.1150.  Accused to be heard; duty of city attorney. At the trial the accused shall be entitled to be heard in person and by attorney, and the city attorney or the person acting as such shall attend the trial and prosecute on behalf of the City.