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.

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.”