Chapter 24 – City Council

Chapter 24 — City Council

 

24.010.    (ORD # 10-03) Regular meetings.

 

  1. 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.

 

  1. 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:

 

  1. Roll call

 

  1. Approval of minutes of previous meeting.

 

  1. Petitions & Communications

 

  1. Resolution & Ordinances
  2. Committee Reports & All Other Business (New, Old, and Misc.)

 

  1. Approval of Appropriations

 

  1. Possible Executive Session (Litigation/Personnel/Real Estate/Privileged Communication)

 

  1. Executive Session at Next Meeting

 

  1. Adjourn

 

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.

 

  1. 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.

 

  1. 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.
  2. 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.

 

  1. Privilege of closing debate. The councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.
  2. 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.

 

  1. 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.

 

  1. 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.

 

  1. (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:

 

  1. Written communications. Interested parties or their authorized representative may address the council by written communications in regard to matters then under discussion.

 

  1. 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.

 

  1. 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.

 

24.150.    Decorum.

 

  1. 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.
  2. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.
  2. 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.
  3. 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.

 

  1. 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.

 

  1. 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.
  2. 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.

 

  1. 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.

 

  1. (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.

 

  1. Introducing for passage or approval.

 

  1. 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.

 

  1. (ORD.#7-89) All ordinances enacted and the times within which said ordinances shall take effect shall conform to RSMo Section 77.080.

 

  1. 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.

Chapter 25 – Procurement, Conflict of Interest

Chapter 25 — Procurement, Conflict of Interest

Subchapter A — General Provision
25.010.    (0RD # 3-99) Purchase of property and services and sale of property.  The city may purchase property or services as directed and approved by the city council, and the city may sell any property as directed and approved by the city council.

25.020.    (ORD # 3-99) Bids.  If the city council determines to take bids for the purchase or sale of property or services, the city council may accept or reject any bid in its sole discretion.

 

25.030.    Conflict of interest.  No officer or employee of the City shall transact any business in his official capacity with any business entity of which he is an officer, agent or member or in which he owns a substantial interest; nor shall he make any personal investments in any enterprise which will create a substantial conflict between his private interest and the public interest; nor shall be or any firm or business entity of which he is an officer, agent or member, or the owner of substantial interest, sell any goods or services to any business entity which is licensed by or regulated in any manner by the City.

 

25.040.    Same, officers and employees not to deal with certain entities.  No officer or employee of this City shall enter into any private business transaction with any person or entity that has a matter pending or to be pending upon which the officer or employee is or will be called upon to render a decision or pass judgment.  If any officer or employee is already engaged in the business transaction at the time that a matter arises, he shall be disqualified from rendering any decision or passing any judgment upon the same.

 

25.050.    Same; penalties.  Any person who violates the provisions of Section 25.030 or Section 25.040 shall, upon conviction thereof, be punished as provided in Chapter 13 of this Code.

 

25.060.    Gifts and rebates.  The city clerk and every other officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the City.  Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Chapter 13 of this Code.

 

25.070.    (ORD. # 09-05) Competitive bidding.  Prior to entering into any contract in excess of Five Thousand Dollars ($5,000.00) for any projects, repairs or services to be provided to the City of Holden or done on behalf of the City of Holden, the city council shall seek competitive bids from interested providers of said projects, repairs or services.  All competitive bids shall be sealed upon receipt.  All bids for such projects, repairs or services shall be sought by placing an advertisement in a local newspaper informing the general public that the City is seeking such bids. (ORD. # 1405). This ordinance shall not be interpreted or construed in a manner that would prohibit the Mayor of Holden from expending city resources to protect the City’s property or citizenry.

 

 

 

 

 

25.180. (ORD # 01-02) Requiring the use of purchase orders.

 

  1. All expenditures made by any department of the City exceeding

$250.00 must be documented with a purchase order, and approved and signed by the applicable department head and City Council committee person assigned to that department.

 

  1. Expenditures in excess of a department’s budget are not permitted except upon approval of the City Council.

 

  1. The Mayor may authorize purchases exceeding $25.00 in emergencies. If the Mayor uses his authority under this section, the Mayor shall advise the City Council of such action and the reason therefore at the next council meeting and a record of such action shall be recorded in the council minutes.

 

(ORD # 17-02)

 

Subchapter C — Disclosure of Conflicts of Interest and Financial Interests

 

25.500.    Declaration of Policy.  The proper operation of government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in proper channels of the governmental structure; that the public office not be used for personal gain; and that the public have confidence in the integrity of its government.  In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city.

 

25.610.    Conflicts of Interest.

 

  1. All elected and appointed officials as well as employees of a political subdivision must comply with Section 105.454 of Missouri Revised Statutes on conflicts of interest as well as any other state law governing official conduct.

 

  1. Any member of the governing body of a political subdivision who has a “substantial or private interest” in any measure, bill, order or ordinance proposed or pending before such governing body must disclose that interest to the secretary or clerk of such body and such disclosure shall be recorded in the appropriate journal of the governing body. Substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of:

(1) 10% or more of any business entity, or (2) an interest having a value of $10,000 or more; or (3) the receipt of a salary gratuity, or other compensation or remuneration of $5,000 or more, per year from any individual, partnership, organization, or association within any calendar year.

 

25.620.    Disclosure Reports. Each elected official, candidate for elective office, the chief administrative officer, the chief purchasing officer, and the full-time general council shall disclose the following information by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo, if any such transactions occurred during the previous calendar year.

 

  1. For any such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars, if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision.

 

  1. The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars, if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision.

 

  1. The chief administrative officers, chief purchasing officer, and candidates for either of these positions also shall disclose by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo, the following information for the previous calendar year:

 

  1. The name and address of each of the employers of such person from whom income of one thousand dollars or more was received during the year covered by the statement;

 

  1. The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or coparticipant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent or more of any class of outstanding stock, limited partnership units or other equity interests;

 

  1. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.

 

25.630.    Filing of Reports.

 

  1. The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year;
    1. Every person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.

 

  1. Each person appointed to the office shall file the statement within thirty days of such appointment or employment covering the calendar year ending the previous December 31;

 

  1. Every candidate required to file a personal financial disclosure statement shall file no later than fourteen days after the close of filing at which the candidate seeks nomination or election or nomination by caucus. The time period of this statement shall cover the twelve months prior to the closing date of filing for candidacy.

 

  1. Financial disclosure reports giving the financial information required in Section 3 shall be filed with the local political subdivision and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.

 

25.640.    Filing of Ordinance.  A certified copy of this ordinance, adopted prior to September 15th, shall be sent within ten days of its adoption to the Missouri Ethics Commission.

 

25.650.    (ORD # 03-07) Effective Date. This ordinance shall be in full force and effect from and after August 8,2006 and shall remain in effect for two years from the date of passage.

Chapter 27 – City Depository

Chapter 27–City Depository

 

27.010.    City clerk to advertise for bids.  The city clerk is hereby ordered to advertise in the paper doing the city printing, for sealed proposals for the custody of the city funds from any banking corporation, association, or individual banker doing business in the City that may desire to be selected as the depository of the funds of the City. Said advertisement shall be published one week before the first regular meeting of the council in July of each year and shall be continued up to the time of said meeting. The city clerk is also ordered to deliver a copy of said notice to each banking corporation, association or individual banker doing business in the City.

 

27.020.   Who permitted to bid.  Any banking corporation, association, or individual banker doing business within the City that may desire to bid shall deliver to the city clerk, on or before the day of such meeting, a sealed proposal stating the rate in percent upon daily balances that such corporation, association or individual banker offers to pay the City for the year next ensuing the said meeting, or in event that said selection shall be made for a term less than one year, as hereinafter provided, then for the time between the date of such bid and the next regular meeting for the selection of a depository as aforesaid.  It shall be a misdemeanor for the city clerk or other persons to directly or indirectly disclose the amount of any such bid to any person or persons before the selection of a depository.

 

27.030.   Bond of depository.  Upon the opening of the sealed proposals submitted, the city council shall select as the depository of the  city funds, the banking corporation, association or individual banker offering to pay the

City the largest amount for such privilege; provided, however, the council shall have the right to reject any and all bids. Within five days after the selection of such depository, it shall be the duty of the banking corporation, association, or individual banker so selected to execute a bond payable to the City, to be approved by the mayor and filed with the city clerk with not less than three solvent sureties, who shall own unencumbered real estate in the state, of as great value as the amount of the bond, above homestead and other exemptions, the penalty of said bond to be at least double the revenues of the City for one year, and conditioned for the faithful performances of all the duties and obligations devolving by law or ordinances upon said depository, and for the payment upon presentation of all checks drawn upon said depository by  the city treasurer whenever any funds shall be in said depository applicable to the payment of said check, and that all funds of the City shall be faithfully kept by said depository and accounted for according to law. For a breach of said bond, the City, or any person injured may maintain an action in the name of the City, to use of the person injured thereby.

 

27.040   Treasurer to deposit in depository, penalty for failure. As soon as said bond shall be given and approved, an order shall be made by the council designating said banking corporation, association, or individual banker as the depository of the funds of the City until the time fixed by these sections for another selection, and such order shall be entered upon the journal.  Thereupon, it shall be the duty of the city treasurer, immediately upon the making of said order to transfer to said depository all the funds in his hands belonging to the City, and immediately upon the receipt of any money thereafter he shall deposit the same to the credit of the City with said depository, and for each and every failure to make such deposit, the treasurer and his bondsmen shall be liable to said depository in the amount of same to be recovered by civil action in any court of competent jurisdiction.  If any banking corporation, association or individual banker, after having been selected as such depository, shall fail to give said bond within the time provided by this section, then the selection of such banking corporation, association or individual banker as the depository of the city funds shall be set aside and be null and void, and the city council shall, after notice published in the manner hereinbefore provided, proceed to receive new bids and select another depository.

 

27.050.    Payment of warrants.  It shall be the duty of the city treasurer, upon the presentation to him of any warrant drawn by the proper authority, if there shall be money enough in the depository belonging to the fund upon which said warrant is drawn and out of which the same is payable, to draw his check as city treasurer upon the city depository in favor of the legal holder of such warrant and to take up said warrant and charge the same to the fund upon which it is drawn to pay the same.  No money belonging to the City shall be paid out of the city depository except upon the checks of the treasurer, and all such checks shall be payable by said depository at its place of business in the City.  In case any bonds or coupons or other indebtedness of the City are payable by terms of such bonds, coupons or other indebtedness, at any place other than the city depository, nothing herein contained shall prevent the city council from causing the treasurer to place a sufficient sum at the place where such bonds, coupons or other indebtedness shall be payable at the time of their maturity to meet the same.

 

27.060.    Failure to select depository, duty of council.  If, for any reason, no selection of a depository is made at the time fixed herein, the city council may, at any subsequent meeting, after notice published as hereinbefore provided, receive bids and select a depository in the manner herein set out, and the banking corporation, association or individual banker so selected shall remain the depository until the next regular term for the selection of a depository unless the order selecting it be revoked for the causes specified in this section.  If the city council shall at any time deem it necessary for the protection of the City it may, by resolution, require the depository to execute a new bond and upon failure so to do within five days after the service of a copy of the resolution on said depository, the city council may proceed to select another depository in the manner hereinbefore provided.  The city treasurer shall not be responsible for any loss of the city funds through the negligence, failure, or wrongful act of such depository, but nothing in this act shall release said treasurer from claim for misappropriation for any loss resulting from any official misconduct on his part, or from responsibility for the funds of the city depository, or until a depository shall be selected and the funds deposited therein, or for any misappropriation of such funds in any manner by him.

 

27.070.    Appropriations.

 

  1. Appropriation bills to be referred to treasurer. Every ordinance that contemplates the payment of money shall, upon its second reading be referred to the treasurer for his endorsement in writing to the effect that a sufficient sum stands to the credit of the City, unappropriated, in the fund covered by such ordinance to meet the requirements of such bill, and no ordinance appropriating money shall be passed without the aforesaid endorsement of the treasurer thereon.
  2. Money, how drawn. No check shall be drawn upon or money paid out of the city treasury except upon a warrant signed by the mayor and attested by the city clerk, with the seal of the City hereto affixed.  No warrant shall be drawn upon the treasurer, nor shall any ordinance be passed, appropriating money unless there be an unexpended balance to the credit of the

City in the fund upon which such warrant is drawn, to meet such warrant nor unless a sufficient sum of unappropriated money is in the fund upon which such warrant is drawn to meet such warrant.

 

  1. Limitation as to the expenditure of money. It shall not be lawful for any officer of this City or any committee of the council except in pursuance of any ordinance or resolution of the council duly passed and approved, to lay out or expend or to contract for the laying out or expenditure of a sum of money greater than two hundred fifty dollars for any purpose whatsoever.

Chapter 28 – No Smoking

(ORD # 09-02)

 

Chapter 28 – No Smoking in City Facilities

 

28.010.    Definitions.   As used in this Chapter, the following words shall be defined as set forth herein:

 

  1. City Facility: any enclosed building owned, occupied, or operated by the City of Holden, Missouri.

 

  1. Smoke: possession of burning tobacco is the form of a cigarette, cigar, pipe or any other smoking equipment.

 

28.020.    Smoking in City Facilities prohibited; designated smoking area.

 

It shall be unlawful for any person to smoke in any City facility in the City of Holden except in a designated smoking area.

 

28.030.    Designation of smoking areas.

 

  • In each City facility, there shall by the Mayor, or his or

her designee, designated a place for persons to smoke, so long as:

 

  1. smoking may occur in the City facility without violation of other law; and

 

  1. smoking may occur without immediate danger to person or property; and

 

  1. no more than thirty percent of the facility is designated a smoking area; and

 

  1. adequate ventilation is present.

 

  • At the entrance to each City facility shall be posted a notice in substantially the following form:

“Smoking in City facilities, except in designated areas,                     is prohibited.”

Chapter 30 – Planning Commission

Chapter 30–Planning Commission

 

30.010.    Planning Commission established.  Under the provisions of Section 89.300 of the Revised Statutes of the State of Missouri, and following, as the same are from time to time amended, there is herewith authorized, appointed and established a planning commission for the City.

 

30.020.    Designation of Commission.  The body shall be known as the Holden Planning Commission.

 

30.030.    Membership, appointment.  The personnel of the planning commission shall consist of eleven (11) members, including the two (2) members of the City Council, selected by the Board, another city official to be designated from time to time by the mayor, and eight (8) citizens appointed by the mayor and approved by the City Council.

 

30.040.    Powers, duties to be governed by state law; term of office.  The powers, duties and terms of office of the members of the planning commission shall be as designated by Section 89.300, and following, of the Missouri Revised Statutes, as the same may be from time to time amended; that the citizen members shall be appointed by the mayor for initially staggered terms, as follows: two (2) of said members shall be appointed for (1) year; two (2) of said members shall be appointed for two (2) years; two (2) of said members shall be appointed for three (3) years; and two (2) of said members shall be appointed for four (4) years.

 

30.050.    Appointed as zoning commission.  The Holden Planning Commission is hereby appointed as the zoning commission of Holden.

 

30.060.    City plan adopted.  There is herewith adopted and authorized a city plan, to be prepared by the said Holden Planning Commission, which plan shall be promulgated by the commission under the rules, regulations and conditions authorized and provided for by Section 89.300, and following, of the Missouri Revised Statutes, as the same are from time to time amended.

Chapter 33 – Library Board

Chapter 33–Library Board

 

33.010.    Created.  There is hereby created and established within the City of Holden a library board of trustees.

 

33.020.    Composition.  The library board shall be composed of nine (9) trustees, chosen from the citizens of the City at large, with reference to their fitness for the office.  No member of the city government shall be a member of the board.

 

33.030.    Appointment.  The library board of trustees shall be appointed by the mayor, subject to the approval of the City Council.

 

33.040.    Terms, generally.  The members of the library board shall serve for terms of three (3) years each, provided the first board shall be appointed so that one-third (1/3) of its membership shall serve for a term of one (1) year, one-third (1/3) for two (2) years, and one-third (1/3) for three (3) years.

33.050.    Successive terms restricted.  No member of the library board shall serve for more than three (3) successive full terms, and shall not be eligible for further appointment to the board until two (2) years after the expiration of the third term.

 

33.060.    Removal of member.  The mayor, by and with the consent of the City Council, may remove any member of the library board for misconduct or neglect of duty.

 

33.070.    Filling of vacancies.  Vacancies in the library board, occasioned by removals, resignations, or otherwise, shall be reported to the mayor and be filled in like manner as original appointments, except that if the vacancy is an unexpired term, the appointment shall be made for only the unexpired portion of such term.

 

33.080.    Compensation.  No member of the library board shall receive any compensation as such.

 

33.090.    Organization.  Immediately after their appointment, the members of the library board shall meet and organize by the election of one (1) of their number as president, and by election of such other officers as they may deem necessary.

 

33.100.    Rules and regulations.  The library board shall make and adopt such bylaws, rules and regulations

for their own guidance, and for the government of the library, as may be expedient, and not inconsistent with state law.

33.110.    Librarian.  The library board shall appoint a properly qualified librarian who shall be the chief executive and administrative officer for the library.

33.120.    Powers, duties, generally.  The library board shall have such powers and duties as are authorized by state law and given them by resolution or ordinance of the City Council.

Chapter 34 – Park Board

(ORD. #3-89)

 

Chapter 34–The Park Board

An Ordinance Relating to the Park Board,

Its Powers and Duties

 

34.010.    Created.  Pursuant to the provisions of Chapter 90 of the Revised Statutes of Missouri and amendments thereto, there is hereby established a department of the City of Holden to be known as the Park Board.

 

34.020.    Composition.  The Park Board shall be composed of nine (9) directors, to be chosen from the citizens of the City of Holden, said members to serve without compensation.  No member of the municipal government of the City of Holden shall be eligible for membership on the Park Board.

 

34.030.    Appointment.  Park Board members shall be appointed by the mayor of the City of Holden with the consent and approval of the City Council of Holden.

34.040.    Terms of office; procedure for initial appointment.  Park Board members shall hold office for a term of three (3) years, with one-third (1/3) of the members being appointed for a three (3) year term each year.  Upon the initial formation of the board, nine (9) persons shall be appointed by the mayor with approval of the city council, said persons shall cast lots such that one-third (1/3) shall hold their office for one (1) year, one-third (1/3) shall hold their office for two (2) years, and one-third (1/3) shall hold their office for a term of three (3) years, and annually thereafter the mayor shall before the first of April each year appoint three (3) directors who shall hold office for three (3) years and/or until their successors are appointed.

 

34.050.    Successive terms restricted.  No member of the Park Board shall serve for more than three (3) successive full terms (9 years): No member shall be eligible for re-appointment to the board until two (2) years have expired after the expiration of the last of said member’s three (3) successive full terms (9 years).

 

34.060.    Removal of member, procedure for removal.  A member of the park board may be removed from office as follows;

  1. The mayor, by and with a two-thirds (2/3) majority vote of the City Council, after a hearing before the city council, may remove any member of the park Board for misconduct and/or neglect of duty.

 

  1. Any citizen of the City of Holden may request the mayor to remove a member of the Park Board by forwarding to the mayor, in writing, a complaint setting forth the grounds for said removal request. The mayor may thereafter proceed as referenced in Chapter 34.060 (1).

34.070.    Filling of vacancies.  Vacancies in the Park Board occasioned by removals, resignations, or otherwise, shall be reported to the mayor and be filled in like manner as the original appointments, except that if the vacancy is an unexpired term, the appointment shall be made for the unexpired portion of the said term.

 

34.080.    Compensation.  No member of the Park Board shall receive any compensation as such and shall be subject to Missouri’s conflict of interest laws.

34.090.    Organization, rules and regulations.  Upon appointment or as soon as possible after their appointment, the members of the Park Board shall meet and organize their body by electing one (1) of their number President, one (1) of their number as Secretary/Treasurer and by electing such other officers as they may deem necessary.  Thereafter, said board members shall make and adopt such by-laws, rules and regulations for their guidance and for the government of the board and City parks as may be expedient and not inconsistent with the Ordinances of the City of Holden and the Revised Statutes of Missouri.  A copy of said rules and regulations shall be filed with the city clerk and open for inspection by any member of the public.

 

34.100.    Powers of the Park Board.  The Park Board shall have the following powers and duties;

 

  1. The Park Board shall in conjunction with the mayor and the City Council of Holden establish a Park Fund said fund to be financed by the city, grants and gifts. All monies received as and for city parks will be deposited in the treasury of the Park Fund and shall be kept separate from any other city funds.  Further, any money expended by the Park Board, may only be expended by the use of properly authenticated vouchers of the Park Board.

 

  1. The Park Board shall have exclusive control of all expenditures of money collected for and to the credit of the Park Fund, said monies to be used for the supervision, improvement, care and custody of city parks.

 

  1. The Park Board shall have the power to purchase or otherwise secure ground to be used for parks; title to said grounds may be held in the name of the City of Holden or the Board of Directors of the Park Board. Any real property held by and in the name of the Park Board shall be open to the public subject to the regulations promulgated by the Park Board.

 

  1. If deemed necessary by the board, the Park Board shall have the power to appoint a suitable person to take care of city parks. The Board shall also have the power to remove such said appointee for cause.

 

34.110.    Park Board-annual report.  The Treasurer of the Park Board shall cause to be filed, with the City Clerk, no later that July 1st. of each year, a financial report indicating therein all expenditures of money by the board for the prior year and the current financial status of the Park Fund.

34.120.    Donations of money, personal property or real estate.  Any person desiring to make donations of money, personal property or real estate for the benefit of city parks shall have a right to vest the title of the money or real estate so donated in the Park Board of Directors, to be held and controlled by such board.