City of Independence, Missouri Charter (1/2/2025 Revision)
ASTATEMENTTOTHEPEOPLEOFINDEPENDENCE
From1849,whentheCityofIndependencewasincorporated,until1961,theCityoperated underthestrongmayorformofgovernment. InApril, 1961,thecitizenselectedaCharter Commission to draft a Charter. In December, 1961, the citizens approved a Charter establishingtheCouncil/Managerformofgovernment.Astheresultofaninitiativepetition drive, the citizens of Independence approved an amendment in April, 1972, to institute primaryelectionsbeforetheAprilCouncilelections.
On August 8, 1978, the citizens approved a general revision to the City Charter that was theresultoftheworkdonebytheCouncilappointedCharterAmendmentAdvisoryBoard. The Council-Manager Plan is much like a private corporation with a Board of Directors, responsibletothecorporationstockholders,whoappointaGeneralManagertoadminister thecorporationandtorecommendnewprogramstotheBoardofDirectors.
Under the Council-Manager Plan, the City Council is the policy making body, elected by thecitizens ofIndependence.TheCity Manager,appointedbytheCouncilonthebasisof their executive and administrative qualifications, is responsible for implementing and carrying out the policies of the Council. If the Manager fails to perform their duties effectively,theymayberemovedatanytimebytheCouncil.
The Charter was last amended by the voters of Independence at the August 6, 2024, election.AmendmentsincludedallowingtheCitytopublishlegalnoticesonlinewhennot requiredbyMissouriStatelawtopublishinalocalnewspaperandrequiringthatacharter review commissionreviewtheChartereverysevenyears.Updateswere madethroughout theChartertomodernizeterminology.
THECOUNCIL
Under the charter there is a Council of seven members elected for four-year terms. One Councilmember is elected from each of four districts by the voters thereof. Two Councilmembers-at-largeandtheMayorareelectedbythevotersoftheentirecity.Terms arestaggeredtoprovidemaximumcontinuity.
Nominations for Councilmembers are made by petition, and the names of the candidates appearontheballotwithoutanypartydesignationoremblem.
THEMAYOR
The Mayor is the presiding officer of the Council with a vote and powers like other Councilmembers, but with no veto power. The Mayor is recognized as head of the city governmentforceremonialpurposesbuthasnospecialadministrativeduties.
THECITYMANAGER
The City Manager is chosen by the Council on the basis of their executive and administrativequalifications. If the City Manager fails to perform their duties effectively, they may be suspended and removed by the Council. When they are removed, the City
Manager has the right to a public hearing upon request, but the decision of the Council is final.
AsthechiefadministrativeofficeroftheCity,theCityManagerappointsandremovesall department heads, and although the Council may suggest appointments or removals, the CharterspecificallyprohibitsCouncilmembersfromdirectingtheCityManagertoappoint or remove any department head or their subordinates. It is the City Manager's duty to see thatalllawsandordinancesareproperlyenforced.
The Council is at all times, the responsible governing body, and the City Manager continues in office only so long as they do their job effectively. With the Council thus removedfromadministrativedetails,itcandevotemoretimetoimportantpolicydecisions.
The electric utility is operatedas a regular department oftheCity government rather than by an autonomous administrative board. This integration of the utility in the City's administrative organization avoids the wasteful inefficiency of separate management, the diffusing of responsibility, and the administrative difficulties arising from two distinct authoritieswhichareinherentinanadministrativeboard.
MERITSYSTEM
AmeritsystemadministeredbyaPersonnelDepartmentisestablishedforpersonnelinthe classified service of the City. The purpose of the merit system is to give the public assurancethatpersonnelareemployedonthebasisofqualificationforthejob,ratherthan political affiliation. The Charter provides that merit and fitness of persons appointed or promoted in the classified service is ascertained insofar as practicable by competitive examinations. A Personnel Board will serve both in an advisory capacity and in hearing appealsfromdisciplinaryaction.
FISCALCONTROLS
Variousfiscalcontrolsareincorporatedintothecharter.TheCityManagermaynotsubmit, nor may the Council adopt, a budget in which proposed expenditures are greater than the anticipatedrevenue.Apublichearingontheproposedbudgetisrequired. All fiscal functions are centered in the Director of Finance, including the assessment and collection of taxes, the deposit of City funds, auditing and accounting of all financial transactions, preparing an annual financial report, and keeping expenditures with appropriations.
An audit of the City's financial transactions by an independent auditing firm is required annuallyandisavailableforpublicinspection.
This 1978 revision to the Charter specifiesa Council appointed City management auditor whose duties shall include the continuous investigation of the work of all departments of theCity.
CODEOFETHICS
AcodeofethicsandacitizenBoardofEthicstoenforcethecodeareprovided.Thepurpose ofthecodeistogiveCouncilmembers,otherofficersandemployeesasetofstandardsfor official conductin situations wherepersonal gain is afactor and to provide an instrument wherebyintentionaldisregardofsuchrulesisdiscouraged.
POLITICALACTIVITIESOFCITYOFFICIALSANDEMPLOYEES
There is specific prohibition against some political activities by city employees, Councilmembers, and boardand commission members. City employees maynot useCity propertyforanypoliticalpurposes.Councilmembersandboardandcommissionmembers may not solicit political contributions from City employees or use city property for any politicalpurposes.Ofcourse,therightofanyqualifiedindividualtovoteforthecandidate oftheirchoiceatanypoliticallevelisnotinfringed.
Popularcontrols overindividual Councilmembersand Council legislation are providedin the charter. It is possible for petitions from the people to require that elections be held to considertheremovalofaCouncilmemberortorevieworinitiateordinances.
The Charter may be amended by the approval of the voters of Independence, or as the MissouriConstitutionmayprovide.Everysevenyears,theCouncil shall call for acharter review commission, which will review the Charter and may recommend amendments to theCharter.
CONCLUSION
ItwastheobjectiveoftheCharterCommissionwhichdraftedtheoriginalChartertoensure a high level of competence, efficiency and responsiveness to the wishes of the electorate intheCitygovernmentofIndependence.
CHARTEROFTHECITYOF INDEPENDENCE,MISSOURI
PREAMBLE
We, the people of the City of Independence, Missouri, exercisingthepowersofhomerulegrantedtousbythe Constitution of the State of Missouri, in order to provide for more efficient, adequate, and economical government, do hereby adopt, ratify, and establish this CharteroftheCityofIndependence,Missouri.
ARTICLE1
INCORPORATION,FORMOFGOVERNMENT,POWERS
Section1.1. Incorporation,nameandboundaries. Theinhabitants oftheCityof Independence, Missouri, within the corporate limits as now established or as hereafter established, in the manner provided by law, shall continue to be a municipal body politic and corporate inperpetuity,underthename of the “City of Independence,”
Section 1.2. Form of government-Exercise of powers. The municipal government provided by this charter shall be known as a “council-manager government.” Pursuanttotheprovisionsofthecharter and subject only to the limitations imposed by the Constitution and lawsof the State of Missouri and this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as “the council,” which shall enact local legislation, adopt the budget, determine policies and appoint the city manager, who shall execute the laws and ordinances and administer thegovernmentofthecity. Allpowers of the city shall be exercised in the manner prescribed bythischarter,or,ifthe mannerisnotthusprescribed, then in such manner as the council may prescribe by ordinance.
Section1.3. Powersofthecity: Generalgrant. The city shallhaveallpowersoflocal self-governmentand homerule, and allpowerspossibleforanycitytohave undertheconstitutionandlawsoftheStateofMissouri,
or which the legislature is competent to grant. Except asprohibitedbytheconstitutionorlawsofthestate,the city shall haveand may exercise all municipalpowers, functions,rights,privileges,franchises,andimmunities ofeverynameandnaturewhatsoever.
The enumeration or mention of particular powers in thischarterisnotexclusiveofothers,norisitrestrictive of general wordsof phrases granting powers, nor shall agrantor failureto grantpowerin this articleimpair a power granted in any other part of this charter; and whether powers, objects, or purposes are expressed conjunctively or disjunctively, they shall be construed soastopermitthecitytoexercisefreelyanyone(1)or moresuchpowers.
Section 1.4 Powers. The city shall have all powers whichthegeneralassemblyoftheStateofMissourihas authoritytoconferuponanycity,providedsuchpowers areconsistentwiththeConstitutionofthisstateandare notlimitedordeniedeitherbythischarterorbystatute. Thecityshall,inadditiontoitshomerulepowers,have allpowersconferred bylaw.
Section 1.5. Construction. The powers of the city shall be liberally construed. The specific mention of a particular power in this charter shall not be construed aslimitingthepowersofthecity.
ARTICLE2
THECOUNCIL
Section 2.1. Council: Created, number of councilmembers, terms. There shall be a council, which shall consist of seven (7)members; namely, the mayor, two (2) councilmembers at large, and four (4) district councilmembers. Unless otherwise clearly indicated by the context, the words “councilmember” and “councilmembers” shall include the mayor as well as other councilmembers. The terms of the councilmembersshallbefour(4)years.
Section 2.2. Councilmembers: Qualifications. Only registered qualified voters of the city who immediately prior to the election have resided for at leasttwo(2)yearsinthecityorinterritoryannexedand included within the city, shall be qualified for the offices of the mayor and other councilmembers. District councilmembers shall also be registered qualified voters of their respective districts at the time of the elections, and shall have been residents thereof orofterritoryannexedandincludedtherein,foratleast one (1) year immediately prior to the election. If the mayor or any other councilmember ceases to reside within the city, the tenure of office of said mayor or councilmembershall beterminated thereby. A change in district boundaries or removal from one district to another within the city shall not disqualify a district councilmember from completing their term. A councilmember shall not hold any other office or position of profit in the city government or any office or position by appointment by the city manager or by any subordinate of the city manager. If a councilmemberisconvictedofacrimeinvolvingmoral turpitude, the office of that councilmember shall become immediately vacant at the expiration of the period during which that councilmember may appeal or, in case of appeal, when the case is finally determined.
Section2.3. Counciltobejudgeofqualificationsof itsmembers,etc. Thecouncilshallbethejudgeofthe charter-requiredqualificationsofitsmembers,andmay determine whether any person claiming to be a councilmember is qualified, whether that person is in factacouncilmemberorwhetherthatpersonhasceased tobeacouncilmemberpursuanttotheprovisionsofthis charter,asthecasemaybe. Anycouncilmemberorany other registered qualified voter of the city may challenge suchperson’smembershipinthecouncil,by filingwiththecouncilawrittenstatement,settingforth the reason or reasons why said voter thinks that such person is not qualified to be a member of the council. The council, after notice and adequate opportunity for a public hearing, shall promptly proceed to make a determination thereof. This section shall not interfere withthejurisdictionofcourtsofcompetentjurisdiction
in such cases. The council shall not have power to impeach its members except as otherwise provided by thissection.
Section 2.4. Council a continuing body. The councilshallbeacontinuingbody,andnochangeinthe membership thereof shall at any time affect the status ofanypendingordinance,resolution,orothermatter.
Section 2.5. Mayor. The mayor shall preside at meetingsof the council, and shallbe recognized asthe headofthecitygovernmentforalllegalandceremonial purposes and by the governor for purposes of military law. As a councilmember the mayor shall have all powers,rights,privileges,duties,andresponsibilitiesof a councilmember, including the right to vote on questions. Themayorshallhavenopowerofveto.
The mayor is hereby authorized to declare the existence of an emergency in the city in accordance with the Revised Statutes of the State of Missouri and may inaproper eventsuspendhoursofbusiness, close certain businesses and take immediate action to preservethepeace,propertyandsafety ofitscitizens.
Section 2.6. Mayor pro tempore. At the first meetingafterthetimeprovidedforthebeginningofthe termsofregularlyelectedcouncilmembers,thecouncil shall elect from its membership a mayor pro tempore, who shall serve until the time provided for the beginning of the terms of the next regularly elected councilmembers.
The mayor pro tempore shall act as mayor during the absence, disability,or suspensionofthe mayor, or,if a vacancy occurs in the office of mayor, until another mayor is elected and qualifies. If the office of mayor pro tempore becomes vacant, the council shall elect from its membership another mayor pro tempore for completionoftheunexpiredterm.
Section 2.7. Councilmembers: Absences to terminate membership. If the mayor or any other councilmembershallbeabsentfrommorethanone-half (1/2) of all the meetings of the council, regular and special, held within any period of six (6) consecutive calendar months, they shall thereupon cease to hold office.
Section 2.8. Councilmembers: Vacancies. If a vacancy occurs in the office of mayor or other councilmember (15) months or more before the next general city election, the vacancy shall be filled by a successor elected at a special election to complete the
unexpired term. The council shall call such special electionpromptlyupontheoccurrenceofsuchvacancy.
If a vacancy occurs in the office of mayor or other councilmemberlessthanfifteen(15)monthsbeforethe next general city election, and if the term of the office does not expire immediately after said election, the council shall elect a successor to serve until the election. Intheelection,asuccessorshallbeelectedto completetheunexpiredterm.
If a vacancy occurs in the office of mayor or other councilmemberlessthanfifteen(15)monthsbeforethe next general city election, and if the term of the office expires immediately after said election, the council shallelectasuccessortocompletetheunexpired term.
Section 2.9. Mayor and councilmembers: Compensation. Councilmembers and the mayor shall receivefortheirservicessuchsumasshallbeapproved by the affirmative vote of four (4) members of the council from time to time payable in monthly installments. The council, by non-emergency ordinancemayalterthecompensationofthemayorand other councilmembers, but such change shall not go into effectuntil the termsof all ofthecouncilmembers inofficeatthattimehaveexpired.
Section2.10. Council: Powers. Exceptasotherwise provided in this charter, all powers of the city shall be vested in the council. Without limitation of the foregoing, the council shall have power, subject to the stateconstitution,applicablelaw,and thischarter:
(3) To adopt the budget, provide revenues, and make appropriations; regulate salaries, wages, and other compensation of officers and employees; and regulateallotherfiscalaffairsofthecity;
(4) To sell and convey any and all property belongingtothecitybothpersonalandreal,afterample opportunity for competitive bidding, under such regulationsandwithsuchexceptionsasthecouncilmay provide;
(5) To adopt in its entirety or in parts a master plan for the physical development of the city and its environsandtomakechangestherein;
(6) To adopt an official map of the city, and to makechangestherein;
(7) To inquire into the conduct of any office, department, or agency of the city government, and investigate municipal affairs; and to authorize council committees and other city authorities to make such inquiriesandinvestigations;
(8) To subpoena witnesses to testify and to compel the production of documents and other effects as evidence, and to authorize council committees and othercityauthoritiestoexercisesuchpower;
(9) To appoint or elect and, with or without cause, remove the members of the personnel board, of
the city planning commission, of the board of adjustment, of the public utilities advisory board, and oftheboardofethics,andotherquasi-legislative,quasijudicial, or advisory officers and authorities, now or when and if established; and to provide the method of appointingorelectingandremovingthem;and
(10) To create, change, and abolish all offices, departments,andagenciesofthecitygovernmentother than the offices, departments, and agencies created by thischarter;andtoassignadditionalpowers,duties,and functions consistent with this charter to offices, departments,and agenciescreatedbythischarter.
Section2.11. Citymanagementanalyst. Thereshall be a city management analyst, who shall be an officer of the city elected by the sole act of the council upon theaffirmativevoteof atleast four (4)membersofthe council. The management analyst shall be a full-time employee of the city and shall serve for an indefinite term at the pleasure of the council in an unclassified service category. The council may suspend or remove the management analyst, with or without cause, by the affirmative vote of at least four (4) members of the council. Said management analyst shall have a bachelors or advanced degree in accounting, business administrationorpublicadministration,orinlieuofthe degreerequirement, be acertifiedpublicaccountant or a licensed attorney. In addition to the aforesaid requirements, the management analyst shall be specifically trained in governmental or business investigationinmanagement.Themanagementanalyst shallhavesuchpowersandperformsuchdutiesasmay be directed and granted from time to time by the council.Themanagementanalyst’sdutiesshallinclude the continuous investigation of the works of all departments of the city. The management analyst shall make a written report, at least once each year, to the council concerning the methods and results of the operationsofsaiddepartments.
Section2.12. Cityclerk. Thereshallbeacityclerk, whoshallbeanofficerofthecityelectedbythecouncil for an indefinite term upon the affirmative vote of at least four (4) members of the council. The city clerk shallbeafull-timeemployeeofthecityandshallserve at thepleasureofthecouncil in an unclassified service category. Thecouncilmay suspendorremovethecity clerk, with or without cause,by theaffirmativevoteof atleastfour(4)membersofthecouncil.
The city clerk shall serve as clerical officer of the council,shallkeepthejournaloftheproceedingsofthe council,andshallenrollinabookorbookskeptforthe purpose all executed original ordinances and resolutions passed by it in a bound volume. The city clerk shall be custodian of such documents, records, and archives as may be provided by applicable law or ordinance;shallbecustodianofthesealofthecity;and shall attest, and affix the seal, to documents when requiredinaccordancewiththischarter,applicablelaw orordinance.
Section 2.13. Other personnel appointed by the council. Thecouncilmay,upontheaffirmativevoteof at least four (4) members of the council, in its discretion, hire and retain on a full-time, part-time, or contract basis in an unclassified service category, such other personnel as may be needed by the council to assist the council or individual councilmembers in undertakingtheirduties. Suchpersonnelshallservefor an indefinite term and may be removed or suspended, withorwithoutcause,bytheaffirmativevoteofatleast four(4)membersofthecouncil.
Section 2.14. Relation of personnel appointed by thecounciltotheadministrativeservice. Neitherthe management auditor, city clerk nor other personnel appointed or elected by the council, shall hold any administrative office or duty in the administrative service which is subject to the control and authority of the city manager; however, the city manager may hold anyadministrativeofficeordutywhichissubjecttothe city manager’s control. The management auditor and city clerk shall hold no other position of public office or employment. Personnel appointed orelected by the councilshallhaveaccesstoallbooksandrecordsofall administrativedepartmentsin thecity and may contact officers and employees of said administrative departments for the purpose of inquiry on matters of concern to the council;however,said persons shallnot direct officers and employees in the administrative serviceintheperformanceoftheirduties.
Section 2.15. Council not to interfere with administrative service. Councilmembers shall not direct the appointment of any person to, or their removal from, office or employment by the city manager or by any other authority, or, except as providedinthischarter,participateinanymannerinthe appointment or removal of officers and employees of the city. Councilmembers shall deal with the administrativeservicesolelythroughthecitymanager; and no councilmember shall give orders to any subordinate of the city manager either publicly or privately. Notwithstanding, councilmembers may otherwise contact such officers and employees for the purpose of inquiry on matters of concern, but shall not direct such officers and employees in the performance of their administrative duties. If any councilmember violates any provision of this section, said councilmember shall be guilty of a misdemeanor, and upon conviction thereof, shall bepunished by afineof notlessthantwenty-five(25)dollarsnormorethanfive hundred (500) dollars. Any such conviction of any councilmembershallbecauseforremovalfromoffice, and such councilmember shall be automatically removed by the said conviction effective at the expiration of the period during which such councilmembermayappealor,incaseofappeal,when thecaseisfinallydetermined.
All prosecutions forviolations of this section shallbe instituted by the prosecuting attorney of Jackson
Section2.16. Council:RulesofProcedure. Four(4) membersofthecouncilshallconstituteaquorum,buta smaller number may adjourn from day to day or from timeto time, and may compeltheattendanceof absent members in such manner and under such penalties as the council may provide. The council may determine itsownrules. Onthedemandofanymember,thevote on any question shall be by roll call, and the ayes and noesshallbeenteredinthejournal. Anaffirmativevote of at least four (4) members of the council shall be necessary to pass an ordinance; but a resolution, motion, or any other proposition may be adopted by a majority of the councilmembers voting on the proposition except when otherwise provided in this charter. Vacanciesonthecouncilorabstentionbyany councilmember shall not be counted affirmatively or negatively, with the majority or against the majority. The mayor, mayor pro tempore, and other councilmembers shall have only one (1) vote each in thecouncil.
Section2.17. Council: Meetings. Thecouncilshall hold at least two (2) regular meetings every month at such times as it may provide by ordinance, resolution, or rules of the council. The mayor or any four (4) councilmembers may call special meetings. All meetingsof the council shallbe open to thepublic and the journal of its proceedings shall be open to public inspection.
Section 2.18. Ordinances: Enacting clause. The enacting clauseof allordinancespassed by the council exceptinitiatedordinances,shallbe,“Beitordainedby theCounciloftheCityofIndependence,Missouri.”
Section2.19. Ordinances: Confinedtoonesubject, exceptions. No ordinance except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adoptingacodeofordinances,shallrelatetomorethan one(1)subject,whichshallbeclearly statedinitstitle.
Section 2.20. Ordinances: Re-enacting and amending. Noordinanceshallberevivedorreenacted by mere reference to its title, but the same shall be set forth at length as if it were an original ordinance. No ordinance or section thereof shall be amended merely byprovidingthatdesignatedwordsbestruckoutorthat designated words be inserted, but the ordinance or section asamendedshallbesetforthinfull.
Section2.21. Ordinances: Passage.Everyproposed ordinanceshallbeintroducedin thecouncil in writing, andshallbereadbytitleorinfulltwo(2)times. Except in the case of a bill for an emergency ordinance or an appropriation ordinance, not more than one (1) such readingshallbeonthesameday,andatleastseven(7) daysshallelapsebetweentheintroductionandthefinal passage. The vote on final passage of every bill shall
beby roll call, and theyesandnoesshall beenteredin thejournal.
(1) Thefollowingordinancesshallgointoeffect immediately upon final passage unless they specify a latertime:
(a) anyemergencyordinance;
(b) any ordinance calling or authorizing the callingoforotherwiserelatingtoaparticular election or providing for or relating to submission of a particular proposal to the registeredqualifiedvoters;
(c) any appropriation ordinance or ordinance amendingthebudget;
(d) anyordinancerelatingtoaspecificcontract;
(e) any ordinance relating to a particular public improvement, levying special assessments, or providing for the issuance of special tax bills;
(h) any ordinance authorizing the issuance of notes in anticipation of the receipt of revenues estimated in the budget or in anticipation of the issuance of bonds which havebeen authorized.
(2) All other ordinances shall go into effect at one (1) minute after twelve midnight (12:01 a.m.) on the eleventh (11th) day after the date of their passage unless a later time therefore be provided therein; however, if prior to 5:00 p.m. on the tenth (10th) day after the passage of any such ordinance there shall be filedwiththecityclerkanoticesignedbynotlessthan onehundred(100)registeredqualifiedvotersofthecity statingtheirintentionto causeareferendumpetitionto be circulated to refer it to the voters, such ordinance shall go into effect at one (1) minute after midnight (12:01a.m.)thirty-one(31)daysafteritspassageunless such ordinance specifies a later time, subject to the referendumasprovidedinthischarter.
Section 2.23. Ordinances: Emergency. An emergency ordinance is an ordinance which in the judgmentofthecouncilisnecessary fortheimmediate preservation of the public peace, property, health, safety, or welfare, and which should become effective priortothetimewhenanordinaryordinanceembracing thesubjectmatterwouldbecomeeffective. Everysuch ordinance, in a separate section, shall declare the emergency and specify distinctly the facts constituting
or the reasons for the emergency. An affirmative vote of at least five (5) members of the council shall be required for the final passage of an emergency ordinance.
Section 2.24. Ordinances: Adoption by reference. Thecouncilbyordinancemayadoptbyreference,with or without modification, codes, ordinances, standards, and regulations relating to building, plumbing, electricalinstallations,milkandmilkproducts,andany andallothermattersandsubjectswhichithaspowerto regulate otherwise, including provisions of law which would not otherwise be applicable to this city and of rules and regulations of administrative authorities. A copy of every such code, ordinance, standard, or regulation, including provisions of law and any other rulesandregulations,so adoptedandineffect,shallbe kept in the city clerk’s office, and shall be open to publicinspection.
Section 2.25. Ordinances: Codification. The permanent, general ordinances of the city shall be codified and published in book or pamphlet form at least every ten (10) years unless the council, by use of a loose-leaf system, provides for keeping the code upto-date. The ordinances and parts of ordinances included in the code may be revised, rearranged, and reorganized; and the code may contain new matter, provisions of the state constitution and law applicable to the city, and this charter. The council by nonemergencyordinanceshalladoptthecode.
Section 2.26. Independent annual audit. The council, at least six (6) months prior to the end of the fiscalyear,shalldesignateacertifiedpublicaccountant or accountantsexperienced in municipal auditing,who shall make an independent audit of the accounts and evidencesoffinancialtransactionsofthedepartmentof finance and of all other departments, offices, and agencies keeping separate or subordinate accounts or making financial transactions, as of the end of every fiscal year, and who shall report to the council and to thecitymanager. Suchauditshallbecompletedwithin ninety (90) days after the close of the fiscal year. A copyofthereportshallbekeptinthecityclerk’soffice, andshallbeopentopublicinspection.Suchaccountant (oraccountantsshallhavenopersonalinterest,director indirect, in the fiscal affairs of the city government or of any of its officers. The city management auditor shall be prohibited from performing this independent annualaudit.
Section 2.27. Annual evaluation by council. The council,nolessfrequentlythanannually,shallevaluate theefficiency,performance,goals,andobjectivesofall city functions and facets of the city administration and shallmakepublicthoseevaluations.
ARTICLE3
CITYMANAGERANDADMINISTRATIVEDEPARTMENTS
CityManagerandAdministrativeDepartmentsGenerally
Section 3.1. City manager: Office created, appointment, term, qualifications, compensation, removal. Thereshallbeanofficerofthecitywhoshall havethetitleofcitymanager. Thecouncilshallappoint thecitymanagerforanindefinitetermbytheaffirmative voteofatleastfive(5)membersofthecouncil.Thecity manager shall be appointed solely on the basis of the individual’s executive and administrative qualifications with special reference to knowledge of, and experience in, municipal administration. At the time of appointment, the city manager need not be a resident of thecityorstate;but,duringtheirtenureofoffice,thecity manager shall reside within the city. Neither the mayor nor any other councilmember may be appointed city manager or acting city manager during their term of office nor within two (2) years after the expiration of theirterm.
The council shall fix the compensation of the city manager.
Thecouncilmay suspend or removethe city manager, withor withoutcause, bytheaffirmativevote ofatleast four (4) members of the council. In case the council determinestoremovethecitymanager,thecitymanager shall be so notified in writing and they may, in writing filedwiththecityclerkwithinten(10)daysafterreceipt of said notice, demand and shall receive a written statement of the reasons for suchremoval and ahearing thereon at a public meeting of the council prior to the date on which their final removal shall take effect; but, pending and during such hearing, the council may suspend him/her from office. The action of the council insuspendingorremovingthecitymanagershallbefinal andnotsubjecttoreview.
Section3.2. Acting citymanager. The city manager may designate by letter filed with the city clerk a qualified administrative officer of the city to be acting city manager during their temporary absence or disability; or, if the city manager fails to do so, the council may appoint an acting city manager to serve during such time. If the council suspends the city manager or if there is a vacancy in the office of city manager,thecouncilmayappointanactingcitymanager to serve until the suspension ceases or until another city manager is appointed and qualifies. The council may suspendorremoveanactingcitymanageratanytime.
Section 3.2.1. Coordinator of emergency preparedness. The city manager shall appoint the coordinator of emergency preparedness, who shall thereafter be a member of the city manager’s staff. The
coordinatorshallbeunderthesupervisionandcontrolof the city manager, and the city manager may suspend or remove the coordinator as any other director or head of an administrative department. The coordinator shall be responsible for the preparation and planning of emergency functions, to include emergency management of resources and administration of such economic controls as may be needed to provide for the welfareofthepeople.
Section 3.3. City manager: Powers and duties. The city manager shall be chief administrative officer and headoftheadministrativebranchofthecitygovernment. The city manager shall execute the laws and ordinances and administer the government of the city, and shall be responsible therefore to the council. The city manager shall:
(1) Appoint, and when deemed necessary for the goodoftheservice,layoff,suspend,demote,orremove all directors,orheads,ofadministrativedepartmentsand all other administrative officers and employees of the city subject, however, to the appellate procedures as providedbySection3.29ofthischarterandexceptasthe citymanagermayauthorizetheheadofadepartment,an officer,oran agency to exercise suchpowersrespecting subordinatesinsuchdepartment,office,oragency;
(2) Supervise and control, directly or indirectly, all administrative departments, agencies, officers, and employeesofthecity;
(3) Prepareabudget annually and submit it to the council, be responsible for the administration of the budget after it goes into effect, and recommend to the council any changes in the budget which they deem desirable;
(4) Submit to the council a complete report as of the end of the fiscal year on the finances and administrative activities of the city for the preceding year;
(5) Keep the council advised of the financial condition and future needs of the city, and make such recommendationsonmattersofpolicyandothermatters tothecouncilasmayseemdesirabletothecitymanager;
(6) Have such other powers and duties as this charter provides, and such powers and duties consistent withthischarterasthecouncilmayprovide.
Section 3.4. Administrative departments, offices, and agencies. There shall be such administrative departments, offices, and agencies as this charter establishes and as the council may establish. Each administrative department shall be headed by a director with appropriatetitle, who shall bean officerof thecity
appointed by the city manager for an indefinite term. The city manager may also serve as director of a departmentasprovidedinanothersectionofthischarter. The director of a department shall have supervision and control of their department, subject to the control and authority of the city manager. There shall be such divisions and other organizational units within each department as this charter or the council may create, or asthecitymanagerorthedirectorofthedepartmentmay create consistent with the charter and ordinances of the city.
DepartmentofLaw
Section 3.5. Department of law: Created, city counselor. Thereshallbeadepartmentoflaw,thedirector of which shall be the city counselor. The city counselor shall be a duly licensed attorney of the State of Missouri. Notwithstanding any provision in this charter to the contrary, the city counselor shall be appointed by the city manageronly upon theaffirmativevoteof atleast four (4) members of the council; however, the city manager shall havethesolepowertoremove,layoff,suspend,ordemote thecitycounselorinthesamefashionthatthecitymanager may remove all directors or heads of administrative departments.
Section 3.6. Department of law: Powers and duties. Thecitycounselorshallconductandcarryonallcivilsuits, actions, and proceedings on behalf of the city, and shall representthecityinallcasesbeforethemunicipalcourtand inalllegalmattersinwhichthecityisapartyorinterested. Thecity counselorshall advisethecouncil or any member thereof,thecitymanager,andtheheadsofalldepartments, offices, and agencies concerning any legal questions affectingthecity’sinterest. Thecitycounselorshall,when requested by the council or any member thereof or by the city manager, draft or review proposed city ordinances or amendments thereto. The city counselor shall prepare or officially approve as to form all contracts, deeds, bonds, and other such documents to be signed in the name of or made to, with, or for the benefit of the city. The city counselor shall direct and supervise the revision of the city’sordinancesashereinprovided,andthereafterthecity counselorshalldirectand supervisefuturecodificationsof such ordinances. The city counselor shall supervise preparation of complaints in the municipal court, which complaints shall be verified by oath or affirmation; and is authorized to prosecute on such complaints without filing an information. The city counselor shall perform such other legal duties as the council may require. The city counselor shall not engage in the private practice of law unlessauthorizedbythecouncil.
Section 3.7. Department of law: Assistants, special counsel. The council may authorize the appointment of such assistant city counselors as it may deem necessary. Such assistant city counselors shall be duly licensed attorneysoftheStateofMissouri,andtheymayberetained oneitherapart-timeorfull-timebasisasdeterminedbythe council. Such assistant counselors shall assist the city counselorinthecitycounselor’sofficialdutieswithpower and authority, under the city counselor’s direction, to discharge any of the duties of the city counselor. The
Section 3.8. Police department: Created, chief of police. There shall be a police department, the director of whichshallbethechiefofpolice.
Section 3.9. Police department: Powers and duties. The police department, in accordance with and subject to the law and ordinances, shall preserve peace and order, enforce the law and ordinances, prevent and suppress crime, detect and apprehend violators of all laws and ordinances,andperformsuchotherdutiesrelatingtopublic peace, order, and safety as the council shall provide. The chiefofpoliceandeverymemberofthepolicedepartment shallbeconservatorsofthepeace,andshallhavepowerto arrest,orcausetobearrested,with orwithoutprocess,any person whom they see violating, or whom they have reasonable grounds to believe has violated, any law of the stateorordinanceofthecity.
FireDepartment
Section 3.10. Fire department: Created, fire chief. Thereshallbeafiredepartment,thedirectorofwhichshall bethefirechief.
Section3.11. Firedepartment:Powersandduties. The fire department, in accordance with and subject to the law andordinances,shallprotectlifeandpropertyfromfireand explosion, inspect property and places for fire and explosionhazards,enforcethelaw andordinancesrelating tosafetyfromfireandexplosion,andpreventandsuppress firesandexplosions.
PublicUtilities
Section 3.12. Electric utility department: Created, director. Thereshall bean electricutility department, the directorofwhichshallbetheelectricutilitydirector.
Section3.13. Electric utilitydepartment: Powers and duties. The electric utility department shall operate the electricutilityofthecity.
Section 3.14. Electric utility department: Other utilities, enterprises,and services; changeoftitleofthe department. The council by ordinance may provide that the electric utility department shall operate other public utilities, enterprises, and services which the city may operate; and also by ordinance may change the title of the department and of the director to department of public utilities and director of public utilities respectively; provided that nothing herein shall prohibit the council by ordinance from creating a separate department or departments for any one (1) or more such other utilities, enterprises,andservices.
Section3.15. Publicutilitiesadvisoryboard:Created, membership. There shall be a public utilities advisory board, composed of seven (7) members appointed by the council for overlapping four (4)-year terms. The five (5)
members serving prior to the adoption of this revised chartershallserveuntiltheendoftheirpresentterms. The council shall appoint two (2) additional members so that theirtermswillexpireonJuly1intheyearsasfollows:one (1)in1981andone(1)in1982.
Section 3.16. Public utilities advisory board: Powers andduties. Thepublicutilitiesadvisoryboard:
(1) Mayinitiateonitsownoruponrequestofthecouncil or city manager investigations of public utilities operated withinthecity;
(2) Shall adopt rules for the transaction of business and keep arecordofitsproceedings;
(3) Shallhold regularmeetings and such specialmeetings astheboardmayprovideby rule;
(4) May request the city manager to assign such clerical, legal, and investigatory personnel and to contract with other persons for goods and services that are required for its work, provided that resulting expenditures are duly authorized by the city manager, within amounts appropriated by the council, and made pursuant to proper purchasingprocedures;
(5) May conduct public hearings on matters relating to public utilities and, through its chairperson, administer oathsandaffirmations;
(6) May obtain from any city department, officer, and agencyandfromanypublicutilityoperatedwithinthecity anyavailableinformationthatisrequiredforitswork;
(7) May subpoena witnesses to testify and compel the productionofdocumentsandothereffectsasevidence;
(9)Mayrecommendtotheexecutiveorlegislativeofficials of the city, programs for the financing, use, ownership, service, operation, or franchising of public utilities operated within the city, including but not limited to recommendations regarding rate adjustments, long-range planning, the employment and termination of the services of consultants to the city, the review of recommendations made by consultants to the city, the issuance of debt obligations of the city and the construction of new and expansionofexistingfacilities;and
(10)Shall reportitsfindings andrecommendations atleast annually, to the council, the people of the city, the city manager and the respective director(s) of the publicutility operated within the city to which such findings and recommendationsapply.
Section3.17. Municipallyownedandoperatedutilities and enterprises. The municipally owned and operated electricsystemisapublicutilityand shallbeoperatedin a businesslikemanner.
Theelectricutility shallnot beoperated for thebenefit ofothermunicipalfunctions,andshallnotbeuseddirectly orindirectlyasageneralrevenueproducingagencyforthe city, but it may pay to the city an amount in lieu of such taxes as are normally placed upon private business enterprises. After providing for depreciation accruals and amortization ofbonds, and forreasonableaccumulation of surplus, the electric utility shall apply all annual profits to ratereductions.
The electric utility and such other public utilities and enterprises as the city may acquire shall be operated from funds separate from the general fund. An accounting system for each such fund shall be established within the generalaccountingsystemofthecity,andshallbesosetup and maintained as to reflect annually or as often as the councilmayrequirethefinancialconditionoftheenterprise anditsincomeandexpense.
Section 3.18. Duty of council to consult with public utilities advisory board. For the purpose of promoting municipal planning of public utilities operated within the city,thecouncil,cityemployees,city officersandallother public officials shall cooperate and consult with the board on all policy and planning matters related to such public utilities. The council may determine what constitutes “policy” and “planning” for the purposes of this section. The council shall not pass any ordinance, resolution, motion or other proposition which relates to any matter of policy or planning of a public utility operated within the citywithoutfirstgivingtheboardtheopportunitytosubmit to the council, within a reasonable time, the board’s findings and recommendations relating to such matters. The council may determine what constitutes a “reasonable time” for the purposes of the preceding sentence. In case thecouncilpassessuchanordinance,resolution,motionor propositioncontrarytoaboardfindingorrecommendation, the council shall,upon request by the board, communicate itsreasonstotheboardforitspassage.
Nothing herein shall be construed to prevent the council from passing any ordinance, resolution, motion or other proposition which, in the judgment of the council, is necessary for the immediate preservation of the public peace,property,health,safetyormorals, and which,in the judgment of the council, should become effective prior to consultation with or the receipt of findings and recommendations from the board. Every such action, in a separatesection,shallspecifydistinctlythereasonsfornot givingthe board the opportunity to submitits findingsand recommendationsto thecouncilwithinareasonabletime.
PublicWorksDepartment
Section 3.19. Public works department: Created, director. There shall be a public works department, the director of which shall be the director of public works. Within the department of public works, there shall be a divisionofengineering,theheadofwhichshallbethecity engineer. The duties of this department may, in the discretion of the council, be divided between a director of public works/engineering and director of public works/maintenance.
Section3.20. Publicworksdepartment:Powersand duties. Thepublicworksdepartment,exceptasthecouncil may provide otherwise by ordinance and insofar as these functionsareperformedby citypersonnel,shall: (1) Design, construct, reconstruct, repair, and maintain all municipal buildings, bridges, viaducts, subways, cemeteries, dikes, canals, waterways, sewers, drains, levees, tunnels, airports, public market facilities, off-street parking facilities and structures, including alterations, replacements,additions,andappurtenancesthereto;
(2) Grade, maintain and improve all streets, alleys, other public highways, sidewalks, and sidewalk areas; and construct, reconstruct, repair, and maintain all pavements, curbs,gutters,andsidewalks;
(3) Have control of the laying of conduits, the location, erection,andconstructionofpolesandallstructuresin,on, under, or over public grounds and highways; and grant all permits to excavate into or disturb any highway or public grounds,ortomakeanyspecialusethereof;
(4)Collect and dispose of garbage, ashes, and refuse; and disposeofsewage;
(5) Issue and may revoke all building permits, and administer all building and zoning ordinances and regulations;and
(6) Inspect gas, plumbing, and electrical installations, boilers, elevators, and smoke, sanitary, and safety equipmentofbuildingsandstructures.
ParkandRecreationDepartment
Section 3.21. Park and recreation department: Created, director of parks and recreation. There shall be a park and recreation department, the director of which shall be the director of parks and recreation. The council in its discretion may divide the duties of this department intoseparatedepartmentswithseparatedepartmentheads.
Section3.22. Parkandrecreationdepartment:Powers and duties. The park and recreation department, in accordance with and subject to the ordinances of the city, shall supervise, control, operate, and maintain all parks, playgrounds, swimming pools, and other recreational facilitiesoperatedbycitypersonnel. Itshallberesponsible for planning, conducting, and coordinating city public recreationprograms.
DepartmentofHealth
Section 3.23. Department of health: Created, director of health. There shall be a department of health, the director of which shall be the director of health. The director or health shall have a master of public health, masterofpublichealthadministration,orequivalentrelated degree; or shall be a physician with experience in public health administration. Reference to health officer shall mean the director of health unless the council creates a separateofficeofhealthofficerwithinthedepartment.The councilmayalsocreateaseparateofficeofcityphysician.
Section 3.24. Department of health: Powers and duties. The department of health, in accordance with and subjecttotheordinancesofthecityshall:
(1) Enforce and administer the laws of the state, the provisionsofthischarter,andordinancesrelatingtopublic healthandsanitation;and
(2) Direct and supervise the inspection of the production, handling,storage,andsaleofallcommoditiesintendedfor human consumption; and require that the places and premises wherein the same are produced, processed, kept, orofferedforsalebekeptinasanitarycondition,withdue regard for the healthfulness, cleanliness, and sanitation of allmethods,practices,persons,andthingsrelatingthereto.
PersonnelDepartment
Section3.25. Meritsystem—Appointments,removals, etc.—Personnel Department. A merit system is hereby established for personnel in the classified service. Appointments and promotions in the classified service of the city shall be made solely on the basis of merit and fitness; and removals, demotions,suspensions, and layoffs shallbemadesolelyforthegoodoftheservice. Themerit and fitness of persons appointed or promoted in the classifiedserviceshallbeascertainedinsofaraspracticable bycompetitiveexaminations.
In order better to achieve this purpose, there is hereby createdapersonneldepartment,thedirectorofwhichshall bethepersonneldirector. Thepersonneldirectorshallhave hadtrainingandexperienceinpersonneladministration.
Section 3.26. Personnel director: Powers and duties. The personnel director or personnel under the personnel director’ssupervisionandcontrolshall:
(1) Holdcompetitiveexaminationsforappointmentsinthe classifiedservice,restrictedtopersonsreasonablyqualified toperformthedutiesofthepositions,withtheexceptionof such temporary, unskilled, and scientific, managerial, and professionalpersonnelasthepersonnelrulesmayprovide;
(2) Give wide publicity to all announcements of examinations to encourage qualified persons to take the examinations;
(3) Prepare and recommend to the city manager such personnel rules and such modifications therein from time totime,asmaybedeemeddesirabletocarryintoeffectthe provisionsofthisarticle;
(4) Prepare and recommend to the city manager a plan classifyingallpositionsintheclassifiedserviceonthebasis oftheirrespectiveduties,authority,andresponsibility,and such changes therein from time to time as may be deemed desirable; and install and maintain the classification plan afterit is adopted in themannerprovidedbythepersonnel rules;
(5) Prepareandrecommendtothecitymanager,apayplan for personnel in the classified service and such changes thereinfromtimetotimeasmay bedeemeddesirable,and maintain thepayplanafteritisadoptedbythecouncil;
(6) Establish and maintain arosteror file of all personsin the municipal service, in which there shall be set forth regarding each such officer or employee (a) the class title of the position held, (b) salary or other compensation, (c) any changes in class title, compensation, or status, and (d) suchotherdataasmaybedeemeddesirable.
(7) Certifyallpayrollsforpersonsintheclassifiedservice; and no payment for personal service to any person in the classified service of the city shall be made unless the payroll bears the certification of the personnel director or their authorized agent that the persons mentioned therein have been appointed in accordance with the provisions of thisarticle;
(8) Develop and establish, or assist in developing and establishing,trainingandeducationalprogramsforpersons inthemunicipalservice;
(9) Investigate periodically theoperation and effect ofthe personnel provisions of this charter and the rules promulgated thereunder, and report at least annually their findingsandrecommendationstothecitymanager;and
Section3.27. Personnelboard: Created,membership. There shall be a personnel board within the personnel department, which shall consist of five (5) members appointedbythecouncilforfour(4)-yeartermswhichshall overlap based upon the expiration dates of the terms of originalappointment.
Section 3.28. Personnel board: Qualifications. Each member of the personnel board shall be known to be in sympathy with the merit principle as applied to the civil service; shall neither hold norbe a candidate for any other publicofficeorposition;andshallnotbeamemberofany local,state,ornationalcommitteeofapoliticalpartyoran officer in any partisan political club or organization; provided that a member may be a member of the national guard, or of the naval, military, or air reserve, or a notary public.
Section3.29. Personnelboard:Powersandduties. The personnelboardshall:
(2) Make any investigation or study which it may deem desirable concerning personnel policy and administration, and report to the council its findings, conclusions, and recommendationsatleastonceeveryyear;
(3) Hear appeals of all non-probationary officers and employees in a classified service category after layoff, suspension without pay for more than ten (10) days, or demotion, and prior to removal of said officers and employees;andreportitsfindingsandrecommendationsin writingtothecitymanager,andtoanyauthority,otherthan the city manager, having power of removal; and notwithstanding any provisions to the contrary, such findingsand recommendations shall be finalupon all such appeals and not be subject to further appeal to any person, administrative or legislative body, nor subject to administrativereviewbyanycourt;
(4) Hear any officer, employee, or member of a board or commission ofthecityinanunclassified servicecategory, except for the city manager, municipal judges, and councilmembers, after their discharge from employment, and report its findings and recommendations in writing to therespectiveauthoritieshavingpowerofremoval;andthe authorities having power of removal shall then make a decision,inwriting,regardingthatperson’sdischargefrom employment; and, further, said decision shall be final and not subject to appeal to any person, administrative or legislative body, nor subject to administrative review by anycourt.
(5) Have power to subpoena witnesses to testify and to compel the production of documents and other effects as evidence; and, through its chairperson, have power to administeroathsandaffirmations;and
(6) Havesuchotherpowersanddutiesrelatingtopersonnel administration as may be provided by this charter, by ordinance,orbypersonnelrules.
Section 3.30. Unclassified and classified service categories. Allofficersandemployeesofthecity shallbe dividedintotheunclassifiedandclassifiedservice.
(e) Members of each board, commission, or other plural authority;
(f)Allpersonnelwhoservewithoutcompensation;and
(g)Personsappointedoremployedonatemporarybasisto make or conduct a special audit, inquiry, investigation,study,examination,orinstallation,or to perform a temporary service subject to such exceptions, limitations, and regulations, as the personnelrulesmayprovide.
(2) All other officers and employees shall be in the classifiedservice.
Section 3.31. Inclusion of unclassified personnel in the classification system and pay plan. Nothing in this charter shall prohibit including unclassified personnel in the classification system and in the pay plan with the classifiedpersonnel.
Section3.32. Personnelrules. Thecouncil,bymotion or resolution, shall adopt and may change personnel rules consistent with this charter and the ordinances of the city. Suchpersonnelrulesshallfurtherregulatethemeritsystem and personnel matters, and provide for proper personnel administration. Thecity managerand thepersonnel board shall have the right to make recommendations or to be heardonthepersonnelrulesandanychangesthereinbefore thecounciladoptsthem.
DepartmentofFinance
Section 3.33. Department of finance: Created, director. There shall be a department of finance, the director of which shall be the director of finance. They shall have knowledge of municipal accounting and taxation, and shall have had experience in budgeting and financialcontrol.
Section 3.34. Department of finance: Powers and duties. The director of finance, under the direction of the citymanager,shallhavechargeoftheadministrationofthe financial affairs of the city; and to that end, the director of finance or personnel under the director of finance’s supervision and control shall have power and shall be requiredto:
(1) Assist the city manager in preparation of the budget;
(2) Assess all taxable property within the city for taxation unless the city uses the assessments made on property within the city by the county assessor and equalizedasprovidedbylaw.
(3) Compute the taxes levied by the council and extend the same upon the tax rolls, and extend special assessmentsuponthespecialassessmentrolls;
(4) Collect or receive all taxes, special assessments, license fees, and other revenuesof the city orforthecollectionofwhichthecityisresponsible,and receiveallmoneyreceivablebythecityfromallsources.
(5) Have custody of all funds belonging to or under control of the city, or any office, department, or agencyofthecitygovernment,anddepositsuchfundsin such depositoriesasthe councilmay designateor, if the council fails to make such designation, as the city manager may designate, subject to any requirements of lawastosuretyandthepaymentofinterestondeposits; andallsuchinterestshallbethepropertyofthecity.
(6) Have custody of all investments and invested fundsofthecitygovernmentorinpossessionofthecity government in a fiduciary capacity, and have the safekeeping of all bonds, notes, and other securities of thecity,andthereceiptanddeliveryofcitybonds,notes, and other securities for transfer, registration, or exchange;
(7) Audit and approve before payment all bills, invoices, payrolls, and other evidences of claims, demands and charges against the city government; and determine the regularity, legality, and correctness of suchclaims,demands,andchanges.
(8) Certify for the city’s governmental funds whether there is an unencumbered balance of funds appropriated or authorized and available for every proposedexpenditure;andunlessthedirectoroffinance or authorized agent certifies that there is an unencumberedbalance,nofundshallbeencumberedand no expenditure shall be made; for proprietary funds, which shall include the electric utility, certify whether there is an unexpensed balance of funds authorized and/or availablefor every proposed expense, and unless the director of finance or authorized agent certifies that thereissuchabalancenoexpenseshallbemade;
(9) Maintain a general accounting system for the city government and its departments, offices, and agencies in accordance with generally accepted accounting principles; where appropriate exercise budgetarycontroloverthem;keepseparateaccountsfor the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it, and the unencumbered balance; and require financial reports from each receiving and spendingagencyofthecitygovernmenttobemadedaily
or at such intervals as the director of finance may deem expedient;
(10) Inspect and audit any accounts or records of financial transactions which may be maintained in any office,department,oragencyofthecitygovernment;
(11) Submit to the council through the city manager amonthlyfinancialreportinsufficientdetailtoshowthe exactfinancialconditionofthecity;
(12) Prepare for the city manager, as of the end of everyfiscalyear,acompletefinancialreportfortheyear;
(13) Supervise and be responsible for the purchase, storage, and distribution of all supplies, materials, and equipment for all departments, offices, and agencies of the city government; have charge of the rental, sale, or otherdispositionofcity-ownedpersonalproperty;
(14) Establish and maintain a programof insurance on city-owned property, and maintain appropriate recordsthereon.
Section3.35. Divisionofpurchases:Citypurchasing agent, powers, and duties. There shall be within the department of finance a division of purchases, the head ofwhichshallbethecitypurchasingagent.
The purchasing agent shall have power and shall be required, subject to any regulations which the council mayprovide,to:
(1) Establish and enforce specifications for supplies,materials,andequipmenttobeprocuredforthe citygovernment;
(2) Contract for, purchase, or issue purchase authorizations for all supplies, materials, equipment, contractual labor, and services and insurance for the departments, offices, and agencies of the city government; provided that, before the purchase of or contract for any supplies, materials, equipment, contractual labor and services, or insurance, ample opportunity for competitive bidding, under such regulationsandwithsuchexceptionsasthecouncilmay provide, shall be given; but the council shall not except an individual contractor purchase from the requirement ofcompetitivebidding;
(3) Inspect or supervise the inspection of all supplies, materials, and equipment delivered; and determineorsupervisethedeterminationoftheirquality, quantity,andconformancewithspecifications;
(4) Have charge of such general storerooms and warehousesasmaybeestablished;
(5) Transfer to or between departments, offices, and agencies, or sell surplus, obsolete, or unused supplies,materials,andequipment.
ARTICLE4
MUNICIPALCOURT
Section 4.1. Municipal Court: Created, judge or judges. There shall be a municipal court with a municipaljudge, who shall be a duly licensed attorney of the State of Missouri and who shall have resided at least four (4) years preceding their appointment in the city or in territory annexed and included in the city; providedthatthecouncilbyordinancemayaddone(1) or more other municipal judges having like qualifications,mayprovideappropriatetitlestherefore, and may establish divisions within the general jurisdiction of the municipal court. The mayor shall appoint the municipal judge or, in case there are more than one (1), each municipal judge, and shall fill vacanciesintheofficeofamunicipaljudge,bothinthe following manner: By appointing one (1) of three (3) persons possessing the qualifications for such office, who shall be nominated and whose names shall be submitted to the mayor by a nonpartisan city judicial commission. The mayor shall make such appointment within fourteen (14) days after receiving the nominationsfromthecommission.
The city judicial commission shall consist of five (5) members, one (1) of whom shall be a councilmember otherthanthemayorappointedbythecouncilbyavote of at least four (4) members, and who shall be chairperson of the commission. The members of the bar of the State of Missouri residing in the City of Independence shall elect two (2) of their number to serve as members of the commission and the city manager shall appoint two (2) registered qualified votersoftheCityofIndependence,notmembersofthe bar,toserveasmembersofthecommission. Theterms of their original appointment shall be four (4) years; thereafter the members of the commission shall be elected or appointed for four (4)-year terms. No member of the commission other than the chairperson shall hold any other public office or position, and no member shall hold any official position in a political party. For terms commencing after enactment of this provision, no person shall serve more than two (2) terms on the commission. The commission may act onlybytheconcurrenceofamajorityofitsmembers.
Eachjudgeappointedhereundershallholdofficeuntil June 30th in the year in which the term for that respective division expires. In the event that the city council shall establish more than one division of the municipalcourt,thetermsofthedivisionsshallendon June 30th of different years insofar as possible. Should thetermsofmorethanone(1)divisionendatthesame timebyreasonofpriorcharterprovisionsorordinance, then the city council shall, at the end of the existing termsdesignatetermsshorterthanfour(4)yearsforthe next termof one(1) or moredivision so that thereafter
the terms for the various divisions shall not be concurrent.
Amunicipaljudgemayberemovedatanytimebythe affirmativevoteforremovaloffour(4)membersofthe council, but only for cause, after a hearing before the council. In the event of the temporary absence, disability, disqualification, or suspension of a municipal judge, or of a vacancy in the office of a municipal judge, the mayor shall have the power to appoint a municipal judge pro tempore to serve during such absence, disability, disqualification, or suspension,oruntilthevacancyisfilledasthecasemay be; however, no such appointment shall exceed one hundredand eighty(180)daysinduration. Themayor mayremoveamunicipaljudgeprotemporeatanytime. A municipal judge shall devote adequate time to the dutiesoftheoffice.
Section 4.2. Municipal court: Jurisdiction and powers. Themunicipalcourtshallhavejurisdictionof all cases involving violations of the provisions of the ordinances of the city and power to assess punishment astherein provided, and such other jurisdiction asmay be conferred by law or ordinance. Appeals may be taken by eitherparty to the circuitcourtinlike manner as provided by law for appeals from circuit court in Jackson County, Missouri, in criminal cases; but the city shall not be required to furnish security for any bond on appeals, nor shall there be any appeal from a judgmentonapleaofguilty. Themunicipalcourtmay punish contempts of court in like manner and to the same extent as is authorized by law or rule for the circuit court of Jackson County, Missouri, and may includeconfinementinjailaspunishment;mayenforce its process, orders, and judgments in the same manner as the circuit court of Jackson County, Missouri, may issue warrants of arrest; may issue search warrants or warrantsforsearchandseizureasauthorizedbylawfor circuit judges, directed to the chief of police or other membersofthepolicedepartment, uponapplicationof the city counselor or assistant city counselor; may summon and compel the attendance and recognizance orcashbondofwitnessesandtheproductionofbooks, papers, documents, other documentary evidence not privileged by law, and other effects as evidence; may administer oaths and affirmations; may summon and compel the attendance of jurors, who shall be selected in thesamemannerasjurorsin circuit court; may pass upon the competence, relevance, and the admissibility ofevidence;mayadjudgeandrequiretheabatementof nuisances as defined by law or ordinance, and declare the costs of such abatement to be alien upon the premises concerned and subject to sale as provided by laworordinance;andmayrenderfinaljudgmentonany forfeitedbondorrecognizancereturnabletosuchcourt;
and have such other powers and duties as may be providedbylaworordinance.
The municipal judge shall, upon convictions, fix the amount of fine or imprisonment, or both, and costs within the limits provided by the charter or ordinance, and shall have power to grant stays of execution and bench paroles, to suspend sentence and to place defendantsonprobation.
Section4.3. Marshalandclerk. Thechiefofpolice andothermembersofthepolicedepartmentshallserve asmarshalanddeputymarshalsofthemunicipalcourt, andshallhavepowertoserveandexecuteallwarrants, subpoenas, writs, or other process directed to them as provided by law or ordinance at any place within the limitsofthecounty.
to administer oaths and affirmations and to issue warrants upon proper complaint. The clerk shall perform the following duties: Keep a complete record of each case showing the final disposition thereof; collect all fines, penalties, and monies from other sources assessed by the court, and shall regularly account for such monies and deliver all such monies daily to the city treasury; and perform such other functions relating to the municipal court as may be provided by ordinance. The clerk shall not be a member of the police department or hold any other publicofficeoremployment.
Section 4.4. Place of holding court. The city shall provideasuitableplaceforholdingcourt,togetherwith such offices and chambers as may be necessary. Although such place for holding court, offices and chambers may be in the same building as the police department, they shall be removed from the police department.
Section 5.1. Function of local government. Councilmembers,boardmembers,andemployeesshall accept the fundamental principle that the sole function of local government is the efficient provision of facilities and services deemed essential for the kind of urbanlivingdesiredbytheresidentpopulation.
(1)Councilmembers,boardmembers,andemployees are agents of public purpose and shall hold office or employmentforthebenefitofthepublic.
(2) Councilmembers, board members, and employees, recognizing that the public interest is their primaryconcern,shallfaithfullydischargetheirofficial dutiesregardlessofpersonalconsiderations.
Section 5.2. Fair and equal treatment. Councilmembers,boardmembers,andemployeesshall givefairandequaltreatmenttoeverycitizen.
(a) Canvassing of any councilmember, directly or indirectly, to obtain preferential consideration for appointment in themunicipalservice shalldisqualifythecandidateforappointment.
(b) No individual who seeks appointment or promotion to any municipal office or position shall directly or indirectly give, render, or pay any money, service, or any other valuable thing to any person for, or in connection with, the individual’s test, appointment, proposed appointment, promotion, or proposedpromotion.
(c) Councilmembers, board members, and employees shall not use city-owned vehicles, equipment, materials, or property for personal convenienceorprofit.
(d) No councilmember, board member, or employeeshallgrantaspecialconsideration,treatment, or advantage to any citizen beyond that which is availabletoeveryothercitizen.
Section5.3. Conflictofinterests. Councilmembers, board members, and employees shall not place themselves in a position which may substantially conflict with their official duties or which may be a substantial influence to act other than in the best interests of the public since they owe an undivided loyaltytothepublictheyserve. Bywayofillustration, and not limitation, the following shall be deemed to constituteconflictofinterests:
(1) No councilmember, board member, or employee shall transact any business in their official capacity with any business entity of which they are an officer, agent, or member or in which they own a substantial interest; nor shall they make any personal
investments in any business entity which will create a substantial conflict between their private interest and thepublicinterest;norshalltheyoranybusinessentity of which they are an officer, agent, or member, or the ownerofsubstantialinterest,sellanygoodsorservices toanybusinessentitywhichislicensedbyorregulated in any manner by the city when such sales shall constituteasubstantialconflict.
(2) No councilmember, board member, or employee shall appear in behalf of private interests before any officer, department, or agency of the city government where such appearance will create a substantial conflict between their private interest and thepublicinterest.
(3) No councilmember, board member, or employee shall enter into any private business transaction with any person or business entity that has a matter pending or to be pending upon which the councilmember, board member, or employee is or will becalledupontorenderadecisionorpassjudgment. If any councilmember, board member, or employee is already engaged in the business transaction at the time that a matter arises, they shall be disqualified from rendering any decision or passing any judgment upon thesame.
(4) After termination of service or employment, no person who has served as a councilmember,boardmember,oremployeeofthecity shall, within such time period (whichever is longer) as may beprovidedby statelaworcity ordinance,appear before any agency of the city government or receive compensation for services rendered on behalf of any person or business entity, in relation to any case, proceeding, or application with respect to which the person was directly concerned, and in which they personally participated during the prior period of serviceoremploymentwiththecity. Notwithstanding, nothing herein contained shall beconstrued to prohibit any business entity, in which any councilmember, board member, or employee is a member, from appearing, rendering services in relation to any matter before, or transacting business with any agency of the city, where the councilmember, board member, or employee does not share in the profits resulting therefrom.
(5) Councilmembers, board members, and employees who have a direct or indirect financial or other private interest in any proposed legislation and who participate in discussion before or give official opiniontothecouncil,shallpubliclydisclosethenature and extent of such interest, and the disclosure shall be enteredinthejournalofthecouncil.
(6) No councilmember, board member, or employee in the course of their official duties shall represent private interests in any action or proceeding against the interests of the city, in any litigation to whichthecityisaparty,orinanyactionorproceeding in the municipal court in which the city, any agency, councilmember,boardmember,oremployeeofthecity inthecourseoftheirofficialdutiesisacomplainant.
(7) No councilmember, board member, or employee of the city shall accept any valuable gift, whetherin theformofservice,loan, thing,orpromise, orinanyotherform,fromanypersonorbusinessentity, which, to the councilmember’s, board member’s, or employee’s knowledge is interested directly or indirectly, in any manner whatsoever, in business dealingswiththecity.
(8) No councilmember, board member, or employee shall disclose confidential information concerning the property, government or affairs of the city,norshalltheyusesuchinformationtoadvancethe financial or other private interest of himself/herself or others.
(9) No councilmember, board member, or employee shall invest or hold any investment directly or indirectly in any financial, business, commercial, or other private transaction which creates a substantial conflictwiththeirofficialduties.
(10) No councilmember, board member, or employeeshallengageinoracceptprivateemployment or render services for private interests when such employmentorserviceisincompatible with theproper dischargeoftheirofficialduties.
(11) No councilmember, board member, or employee shall solicit, negotiate for, or promise to accept employment with any person or business entity with which the councilmember, board member, or employee is engaged on behalf of the city in the transaction of business or which is or may be affected bytheirofficialaction.
(12) Nopersonorbusinessentityshallattempt, directlyorindirectly,tosecurepreferentialtreatmentin dealings with the city government by offering any valuable gift, whether in the form of service, loan, thing, or promise, or in any other form, to councilmembers,boardmembers,oremployees. Ifany person or business entity violates the foregoing provision, any current contracts which they or it may have with the city shall be cancelled; and such person orbusinessentityshallnotbeeligibletobidonanycity contractsforaperiod oftwo(2)years.
(13) No councilmember, nor the city manager, thedirectoroffinance,thecitypurchasingagent,orany other employee or board member whom the council may designate by ordinance or personnel rules, shall sellorbarteranythingtothecityortoacontractortobe suppliedtothecity;ormakeanycontractwiththecity; or purchase anything from the city other than those things which the city offers generally to the public (as forexample,utilityservices),andthenonlyonthesame termsasareofferedtothepublic. Anyviolationofthis section, with theknowledge,expressor implied,ofthe personorbusinessentitycontractingwiththecity,shall
renderthecontract voidablebythe city managerorthe council. Thisparagraphshallnotapplytothetakingof propertybycondemnationproceedings.
Section5.4. Politicalactivities.
(1) Noemployeeofthecity shall:
(a) Use any vehicle, equipment, materials, or other property of the city in the interest of or against the nomination or election of any candidate for any public office, or for any other political purpose.
(2) Nocouncilmembernorboardmembershall:
(a) Orally, by letter, or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription, or contribution for any political party or political purpose whateverfromanyemployeeofthecity;and
(b) Use any vehicle, equipment, materials, or otherproperty ofthe city in theinterest ofor against the nomination or election of any candidate for any public office, or for any otherpoliticalpurpose.
(3) Should a board member, after successfully pursuing nomination to election, become so elected they shall resign their position with said board or commissionbeforetakingtheoathofthatpublicoffice, exceptasprovidedbythischarter,ordinanceorbystate law.
(4) Allpersonsandbusinessentitiesunderthisarticle mentioned shall retain the right to vote as they may choose and the right to express their opinions on all political subjects and candidates notwithstanding the provisionsofthisarticle.
(5) Nootherpersonshalluseanyvehicle,equipment, materials,orotherpropertyofthecity intheinterestof or against the nomination or election of any candidate foranypublicoffice,orforanyotherpoliticalpurpose.
Section 5.5. Penalty section. Any person or business entity, who willfully or through culpable negligence violates any of the provisions of Sections 5.1 to 5.4 of this article shall be guilty ofi a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five (25) dollarsnor morethanfivehundred (500)dollars, orby imprisonmentforatermnotexceedingone(1)year,or by both such fine and imprisonment. Any person who is convicted hereunder shall, for a period of five (5) years thereafter, be ineligible to hold any office or position of employment in the city service. Any such conviction of any councilmember, board member, or employee of the city shall also be cause for removal from office or employment, and such councilmember, board member, or employee shall be automatically removed by the said conviction effective at the expiration of theperiod during which they may appeal or, in case of appeal, when the case is finally
determined, unless the regular removal authority has alreadyremovedsuchperson.
All prosecutions for violations of the provisions of Sections5.1and5.4ofthisarticleshallbeinstitutedby the city counselor. If the city counselor shall declare that they have a conflict of interest or otherwise disqualifies themselves, then the city manager shall appoint a special prosecutor for that purpose. In the event the city manager shall fail to appoint a special prosecutor within 30 days of notification of conflict of interestordisqualificationofthecitycounselorthenthe city council shall by majority vote appoint the special prosecutor. In all events, the city council may appoint aspecialprosecutorbymajorityvote.
Jurisdiction of any case involving violations of Sections 5.1 to 5.4 of this article shall be vested in the circuitcourtofJacksonCounty,Missouri.
Any resident of the city of Independence may institute an action to prevent or prohibit a violation of thecharterbysuingforinjunctiverelief. Ifsuchaction is successful, the city shall bear court costs and the plaintiff’sreasonableattorneyfees.
Section 5.6. Board of ethics: Created, membership. There shall be a board of ethics, which shall consist of five (5) members appointed by the council for four (4)-year terms which shall overlap basedupontheexpirationdatesofthetermsoforiginal appointment.
Section 5.7 Board of ethics: Procedures, powers andduties.
(1) The board of ethics shall not render any opinion, finding, or advisory recommendation which does not relate to Sections 5.1 to 5.7 of this article unless additionaldutiesareprovidedbyordinance.
(2) Any councilmember may request, in writing, opinions,findings,andadvisoryrecommendationsasto any person, business entity, board member, employee, orothermemberof thecouncilorastoanymatter ofa general nature. The city manager, may request, in writing, opinions, findings, and advisory recommendations of a general nature or as to any person, business entity, or employee of the city; however, the city manager shall not request any opinion, finding, or advisory recommendation relating to any councilmember or board member. In the event that the above written requests relate to the conduct of a certain person, business entity, councilmember, or employeeacopyofany such request shallbeprovided tosaidpersonorbusinessentitywithinfive(5)daysof receipt by the board by registered, certified or similar specialmail,orbypersonalservice.
(3) Any councilmember, board member, person, businessentityoremployeeofthecitymayvoluntarily request, in writing, such opinions, findings, and advisory recommendations as would relate to the conduct of such person orbusiness entity making such request.
(4)Theboardshallhavethepowerinallcases,whether ornotarequesthasbeenmadeunderSection5.7(2)or Section5.7(3)hereof,toinitiateitsowninvestigations, to hold hearings, to issue opinions, findings, and advisory recommendations to subpoena witnesses to testify,andtocompeltheproductionofdocumentsand other effects as evidence. The chairperson may administer oaths and affirmations. The board may request the city manager to assign such clerical, legal, and investigatory personnel as may be needed from time to time, provided the expenditure authorized by thecity managerbewithintheamountappropriatedby the council and made in accordance with proper purchasingprocedures.
(5) Failure to obey any subpoena or order to produce shall constitute a misdemeanor; and, any person or businessentitywhoisconvictedforsuchfailuretoobey shall bepunishedby afineof notless thantwenty-five (25) dollars nor more than five hundred (500) dollars. The municipal court shall have jurisdiction of such cases.
(6)Intheeventthattheboardshallactwithoutarequest havingbeenmadepursuanttoSection5.7(2)orSection 5.7(3)hereof,theboardshallprovidewrittennoticeto any person or business entity whose conduct is being investigated, at least fifteen (15) days prior to the issuance of any opinion, finding, or advisory recommendation pertaining to said person or business entity. Said notice shall specify the nature of the conduct being considered, the time and date of any hearingpertainingtosaidpersonorbusinessentity,and shall be served upon such person or business entity by registered, certified, or similar special mail, or by personalservice.
(7) Within five (5) daysof receiving any request made under the provisions of Section 5.7 (2) or any notice under the provisions of Section 5.7 (2) or any notice issued pursuant to Section 5.7 (6) any person or businessentitymayrequest,inwriting,ahearingbefore theboard. Theboardshallgrantsuchahearingpriorto issuance of any opinion, finding, or advisory recommendation that pertains to such person or businessentity.
(8) Opinions, findings, and advisory recommendations may relate to present, or possible future, conflicts of interests or political activities. The board shall determine what constitutes “substantial conflict”, “substantialinfluence”,and“substantialinterest”. The board shall determine what constitutes a conflict of interest under the provisions of Section 5.3 and what constitutes a prohibited political activity under the provisionsofSection5.4.
(9) Opinions, findings, and advisory recommendations concerning application andviolationof Sections5.1 to 5.7 of this article shall be adopted by the board only upon affirmative vote of at least three (3) members of saidboard. Opinionsandfindingsoftheboardshallbe final and not subject to appeal to any person or administrative or legislative body and not subject to administrative review by any court. In appropriate cases, the board shall issue non-binding (advisory) recommendations to the superintending authority as to
what action, if any, should be taken as a result of its opinionsandfindings. Notwithstanding theprovisions hereof, the board shall have continuing authority and discretion to reconsider prior opinions, findings, or advisory recommendations relating to Sections 5.1 to 5.7ofthisarticle.
(10) The board shall submit its opinions, findings, and advisory recommendations to the person or business entityrequestingthem,tothesuperintendingauthority, andtothecouncilintheeventthatanyrequestismade pursuanttoSection5.7(2).
In the event that a request is made pursuant to the provisionsofSection5.7(3)oraboard-initiatedinquiry pursuant totheprovisions ofSection5.7(4),the board may, as it deems appropriate, determine who should receive such opinions, findings, and advisory recommendations. The board shall take appropriate action, affirmative, negative, or other, within one hundredandtwenty(120)daysafterreceiptofarequest madeundertheprovisionsofSection5.7(2)orSection 5.7(3).
Theboardshallpublishormakepublicitsopinions, findings, and advisory recommendations with such deletions as may be desired, in the discretion of the board, to prevent disclosure of the identity of the councilmember,boardmember,oremployee,personor business entity involved. In deciding to make such deletions, the board may consider whether or not the person or business entity involved voluntarily initiated the request for board action pursuant to the provisions ofSection5.7(3).
MiscellaneousProvisions
Section 5.8. Boards and commissions created by this charter: Qualifications, compensation, organization, removal, vacancies. Only persons who areregisteredqualifiedvotersofthecityandwhohave resided within the city for at least one (1) year prior to their appointment or election, may be appointed or elected members of the boards and commissions createdby thischarter.
Such members shall serve without compensation. Any nominee for position shall first be apprised of the dutiesandresponsibilitiesoftheofficeandbeprovided acopyofthecodeofconductarticleofthischarter.
At the time provided for the beginning of the term of anewlyappointedorelectedmemberormembersoras soon thereafter as practicable, such board or commissionshallelectachairperson,vicechairperson, and a secretary; provided that the chairperson of the judicial commission shall be appointed by the council. Thesecretaryofsuchboardorcommissionneednotbe a member thereof. Such board or commission shall determine the time and place of its regular meetings, and the chairperson or a majority of the members may callspecialmeetings.
The council may remove any member of any such board or commission whom it has appointed, with or
without cause by the favorable vote for removal of at least four (4) members of the council. The vote shall bebyrollcall,andtheayesandnoesshallbeenteredin thejournal.
A vacancy in any such board or commission shall be filledfortheunexpiredterm.
Section 5.9. Qualifications of boardmembers and employees. Boardmembers and employees of the city shall have the qualifications provided by this charter and such additional qualifications as the council may provide; but the council shall not provide additional qualificationsforthemayorandothercouncilmembers.
Section 5.10. Persons in arrears for city taxes not qualified to hold office or employment. No person who is in arrears for any city taxes, shall be entitled to hold anyofficeoremployment inthecity government. The method of determining such delinquency shall be provided by ordinance and shall include notice, reasonable opportunity to pay, and a hearing if requested.
Section 5.11. Nepotism. Neither the mayor, the council, the city manager, nor any boardmember, employee, or agency of the city government may appointorelectanypersonrelatedtothemayor,toany other councilmember, to the city manager, or to himself/herself, or in the case of a plural authority, to oneofitsmembers,byaffinityorconsanguinitywithin the fourth degree, to any office or position in the city government; but this shall not prohibit any boardmemberoremployeealreadyintheserviceofthe cityfromcontinuingtherein.
Any such appointment or election shall be null and void. The mayor, any councilmember, boardmember, or employee who appoints a person so related to themselves, or who, as a member of apluralauthority, knowinglyvotesto appoint or electaperson so related to themselves, shall thereby forfeit their office or position.
Section 5.12. No favoritism or discrimination becauseofrace,politics,orreligion. Nopersoninthe serviceofthecityorseekingadmissiontheretoshallbe appointed,promoted,demoted,removed,orinanyway favoredordiscriminatedagainstbecauseofrace,creed, color, national origin, age, sex, ethnic background, or politicalorreligiousopinionsoraffiliations.
Section5.13. Holdingmorethanoneoffice. Except as may be otherwise provided by this charter or by ordinance,thesamepersonshallnotholdmorethanone officeinthecity. Thecitymanagermayholdmorethan one such office, through appointment by the city manager, by the council, or by other city authority havingpowertofilltheparticularoffice,subjecttoany regulations which the council may make by ordinance; butthecitymanagermaynotreceivecompensationfor serviceinsuchotheroffices. Thecouncilmayprovide
that the city manager shall hold ex officio designated administrative offices subordinate to the city manager aswellasotherdesignatedcompatiblecityoffices.
Section5.14. Officialbonds. Thecity manager,the directoroffinance,thecity purchasing agent,andsuch other employees as the council may designate, before entering upon their duties, shall provide bonds for the faithfulperformanceoftheirrespectiveduties,payable to the city, in such form and in such amounts as the councilmayprovide,withasuretycompanyauthorized to operate within the state. The city shall pay the premiums on such bonds. No payment of compensationshallbemadetoanysuchemployeeuntil the bond herein required shall have been approved by the director of finance and filed in the department of finance; provided that the bond of the director of financeshallbeapprovedbythecitymanagerandfiled inthecity manager’soffice.
Section 5.15. Oath or affirmation of office. Every officer of the city, before entering upon the duties of their respective office, shall take and subscribe to an oath or affirmation of office that they will support the Constitution of the United States, the constitution and laws of the State of Missouri, and the charter and ordinances of the City of Independence, and that they will demean themselves faithfully in office. The oath or affirmation shall be filed in the office of the city clerk.
Section 5.16. Who may administer oaths and affirmations. All persons authorized by federal or state law, the mayor, the city manager, the city clerk, the municipal judge or judges, the director of finance, the chairperson of the personnel board, and such other persons as this charter or the council may authorize, may administer oaths and affirmations in any matter pertainingtotheaffairsandgovernmentofthecity.
Section 5.17. Acting boardmembers and employees. The appointing or electing authority who may appoint or elect the successor of a boardmember oremployee,mayappointorelectapersontoactduring the temporary absence, disability, leave, or suspension of such boardmember or employee, or, in case of a vacancy, until a successor is appointed or elected and qualifies, unless the council provides by general ordinance that a particular superior or subordinate of
such boardmemberoremployeeshall act. Thecouncil bygeneralordinancemayprovideforadeputytoactin suchcases.
Section 5.18. Officers to continue until successors are elected or appointed and qualify. Every officer who is elected or appointed for a term ending at a definite time shall continue to serve thereafter until a successor is elected or appointed and qualifies unless such officer’s services are sooner terminated by resignation, removal, disqualification, death, abolition oftheoffice,orotherlegalmanner.
Section 5.19. Removal of officers and employees. The power to lay off, suspend, demote, and remove accompanies the power to appoint or elect; provided thatthemayormaynotremoveamunicipaljudgeother than a municipal judge pro tempore and, provided further, that the council may not remove the city counselor.
Section 5.20. Definition of terms. For purposes of this articleonlythefollowing terms shall bedefined to mean:
(1)“Employee”isonewhoworksforwagesorsalary in the service of the city government and shall include but shall not be limited to the city clerk, the management auditor, municipal judge or judges, clerk ofmunicipalcourt,citymanager,assistantcitymanager or managers and directors of all administrative departments; however the terms shall not include councilmembersorboardmembers.
(2) “Boardmember” is one who is elected or appointed to a board, commission or other plural authority created by this charter or by ordinance but shallnotincludeamemberofthecouncil.
(3) “Business entity” is any corporation, association, firm, partnership, proprietorship or other business organizationofanykindorcharacterincluding,butnot limited to, charitable, eleemosynary, educational and organizations.
(4) “Officer” is a person who holds one of the following offices in the city government: councilmember, boardmember, city manager, assistant city manager or managers, management auditor, city clerk, municipal judge or judges, clerk of municipal court,anddirectorsofalladministrativedepartments.
ARTICLE6
NOMINATIONSANDELECTIONS
Section6.1. Charterandlawtogovernelections— Further regulation by ordinance. All city elections, general, special and primary, shall be governed by the provisionsofthischarterandoflawapplicablethereto. The council by ordinance may further regulate elections, subject to the said provisions of the charter andoflaw. Ifachangeinlawrendersanyprovisionof thecharter relating to elections invalid or inapplicable, the council by ordinance may take such action as may bemadenecessaryordesirableby suchchange.
Section 6.2. Biennial elections—Elected at large andbydistrict—Terms. Thecityshallholdaprimary election, except where otherwise provided in this charter,bienniallyineveryevennumberedyear,onthe first (1st) Tuesday after the first (1st) Monday in February, and a general election on the first (1st) Tuesday of April. The officers to be elected by the registered qualified voters of the city in separate biennial elections shall be the mayor and two (2) councilmembers at large (by the voters of the entire city), and in the succeeding biennial election, four (4) district councilmembers (by the voters of their respectivedistricts).
A primary election shall be held on the first (1st) Tuesdayafterthefirst(1st)MondayinFebruaryof1980 andofeveryfourth(4th)yearthereaftertonominatethe candidatesforcouncilmemberfromeachofthefour(4) districts of the city as the districts may be constituted hereafter by ordinance. The two (2) candidates who receive the highest number of votes for each district councilpositionattheprimaryelectionwillbecertified toruninthegeneralelectiontobeheldonthefirst(1st) TuesdayinAprilof1980andofeveryfourth(4th)year thereafter to elect the district councilmembers. The candidateineachdistrictreceivingthemajorityofvotes in the general election shall be elected councilmember forthatdistrict.
A primary election shall be held on the first Tuesday after the first (1st) Monday in February of 1982 and of every fourth (4th) year thereafter to nominate the candidates for mayor and two (2) councilmembers at large. The two (2) candidates who receive the highest number of votes for mayor and the four (4) candidates who receive the highest number of votes for at large councilmembers at the primary election will be certifiedtoruninthegeneralelectiontobeheldonthe first(1st)TuesdayinAprilof1982andeveryfourth(4th) year thereafter to elect a mayor and two (2) councilmembers at large. The candidate receiving the majorityofvotesatthegeneralelectionshallbeelected mayorandthetwo(2)candidatesreceivingthegreatest number of votes shall be elected councilmembers at large,respectively.
Thetermsofthemayorandallothercouncilmembers electedin1980andeachevennumberedyearthereafter shall be four (4) years, and shall begin on the second (2nd)Mondayafterthefirst(1st)TuesdayofAprilinthe respectiveyearsinwhichtheyareelected. Ifthemayor elect or a councilmember elect fails to qualify within one (1) month thereafter, their office shall become vacantandthevacancyshallbefilledasothervacancies arefilled.
Section 6.3. Districts. Within one hundred and eighty (180) days after every general city election at which the mayor is regularly elected, or oftener, the council shall review the lines of the districts from and bywhichthedistrictcouncilmembersareelected,inthe followingmanner:
Thecouncilshallfirstcausethecitytobedividedinto two (2) sections by a line, either generally north-south oreast-west,whichsofaraspracticable,shallrunalong thecenterlinesofstreetsandotherpublichighwaysand which shall be so located that the population in either of said sections at the time of redistricting shall be as nearlyequalinpopulationasispracticable. Oneofsaid sectionsshallthenbedividedintotwo(2)districtsbya line which, so far as practicable, shall run generally at right angles to the original line, along the center lines of streets and other public highways, and which shall besolocatedthatthepopulationineitherofthedistricts at the time of the redistricting shall be as nearly equal as is practicable. The other section shall then be divided into two (2) districts in like manner. The council shall number these districts and shall adopt thembyordinance.
Whenterritoryisannexedtothecity,thecouncilshall promptly attach it to an existing district or districts, or shallrevisethedistrictsasprovidedhereinabove.
Section 6.4. To serve until successors are elected and qualify. The mayor and other councilmembers shall serve until their respective successors are elected and qualify. Ifonly one (1) councilmember at large is electedatanelection,thenlotsshallbecastinameeting of the council and under its direction to determine which of the two (2) councilmembers at large whose terms are expiring shall continue to serve; provided that, if there is only one (1) councilmember at large at thattime,theyshallcontinuetoserve. Atleasttwo(2) days’ notice of the casting of the lots shall be given to the two (2) councilmembers at large whose terms are expiring,byserviceorbymail.
Section 6.5. Nonpartisan official election ballots and nominating petitions. The election of the mayor and other councilmembers shall be nonpartisan in that no partisan political wording, symbols, or emblems shall appear on the official election ballots or on nominating petitions; however, all other campaign documents, paraphernalia, and advertising may bear politicalsymbolsanddesignations.
Section 6.6. Nominations for primary election to bemadebypetitions.
(1) Nominationofacandidatefortheprimaryelection for the office of mayor or any other councilmember shall be by petition signed, in the case of the mayor or a councilmember at large, by at least two hundred and fifty(250)registeredqualifiedvotersofthecity,andin the case of a district councilmember, by at least one hundred (100) registered qualified voters of the respective districts. Not more than one (1) candidate forofficemaybenominatedbythesamepetition. Each
signer of a petition shall designate their residence by street and number or by other description sufficient to identify their place of residence. Petitions shall be circulatedonlybyregisteredqualifiedvotersofthecity orofthedistrict,asthecasemaybe.
(2) The signatures on a nominating petition need not all be appended to one (1) paper, but each separate paper shall have a statement setting forth the election date,theofficetobefilled,andthenameandresidence of the candidate on whose behalf the petition is being filed. In addition, there shall be attached to each such paper, an affidavit of the circulator thereof stating the numberofsignaturesonsuchpaper,thateachsignature appendedtheretowasmadeinthecirculator’spresence and isthegenuine signatureoftheperson whosename it purports to be, and that the circulator believes each suchsignertobearegisteredqualifiedvoterofthecity orofthedistrictasthecasemaybe.
(4) All separate papers comprising a nominating petition shall be assembled and filed by a registered qualifiedvoterofthecityordistrict,asthecasemaybe, withthecityclerkasone(1)instrument,notmorethan one hundred (100) days and not less than seventy (70) days before the primary election. The city clerk shall record on thepetition the exact time when it wasfiled, shallpromptlycertifyinwritingwhetherthepetitionis in proper form, and, if in proper form, shall immediately forward the petition to the board of election commissioners. A nominating petition shall
notbeacceptedforfilingunlessitisaccompaniedbya statement indicating the person’s acceptance of the placement of their name in nomination signed and sworn (or affirmed) by the candidate, substantially in thefollowingform:
ACCEPTANCEOFCANDIDACY
Iherebyacceptthecandidacyfortheofficeof andagreeto enter thegeneralelection ifnominatedattheprimaryelectionandifelectedatthegeneralelectionIwilladheretothe followingoathofoffice:
STATEOFMISSOURI ) COUNTYOFJACKSON ) SS CITYOFINDEPENDENCE )
I,
_______,havingbeenelectedtotheOfficeof within and for the City of Independence, in the countyandstateaforesaid,dosolemnlyswearthatIpossessallthequalificationsprescribedforsaidofficebytheCharter of the City of Independence. I will support the Constitution of the United States and of the State of Missouri and all provisions of the Charter andordinancesofsaid City, and will faithfully demean myself in said office; that I wasnot at thetimeofmysaidelectioninarrearstosaid Cityforanytax,lien,forfeitureordefalcationinoffice.
(5) It isunderstoodthatwithin fifteen (15)daysafter receiving a nominating petition the board of election commissioners shall notify the city clerk, and the city clerk shall immediately notify the candidate and the personwhofiledthepetition,whetherornotitisfound to be sufficient. If a petition is found insufficient, the city clerk shall return it immediately, in person or by registered, certified, or similar special mail, to the personwhofiledit,withastatementcertifyingwherein the petition is found insufficient. Within the regular time for filing petitions, the same petition duly supplemented or a new petition may be filed for the samecandidate. Thepetitionofeachcandidateseeking to benominated shall be preserved until the expiration ofthetermofofficeforwhichsuchcandidatehasbeen nominatedashereinprovided.
Section6.7. Primaryelection—Exceptions. Where there are no more than two (2) candidates successfully completing the petitioning process for the nomination foranofficenoprimaryshallbeheld forthatoffice.
Section6.8. Withdrawal. Any candidate for whom a nominating petition is filed, may withdraw as a candidate by filing with the city clerk, not more than five (5) days after the filing deadline, a statement of withdrawal duly signed and acknowledged by said candidate beforesomeperson authorized to administer oaths and affirmations. The city clerk shall immediately notify the board of election commissioners of such withdrawal. The name of such person complying herewith shall not appear on the ballot. Thereshallbe noprovision for withdrawalof a successful primary candidate before the general election.
Should death, incompetency, or removal from city or any other disqualifying condition occur to any successful primary candidate between the primary and general election there shall be no reopening of the election and the surviving candidate shall be declared thewinner.
Section 6.9. Order of names on ballots. Promptly after expiration of the time when candidates may withdraw,thecityclerkshallcertifytheorderinwhich thenamesof candidatesfor therespectiveofficesshall appear on the ballots to the board of election commissioners. The names of candidates for each officeshallbelistedintheorderinwhichtheyarefiled.
Section 6.10. Voting at primary election—Who nominated. On the ballots, above the names of the candidates at the primary election for the office of mayor, shall appear the instruction “Vote for one (1)”; every registered qualified voter of the city shall be entitled to vote for one (1) candidate; and the two (2) candidatesreceiving thegreatestnumberof votesshall benominated.
On the ballots, above the names of the candidates for theofficesofcouncilmembersatlarge,shallappearthe
instructions “Vote for two (2)”; every registered qualified voter of the city shall be entitled to vote for two (2) candidates; and the four (4) candidates receiving the greatest number of votes shall be nominated.
On the ballots above the names of the candidates for the office of district councilmember in each district, shall appear the instruction “Vote for one (1)”; every registeredqualifiedvoterofthedistrictshallbeentitled tovoteforone(1)candidate;andthetwo(2)candidates receiving the greatest number of votes shall be nominated.
Section 6.11 Voting at general election—Who elected. On the ballots, above the names of the candidates at the general election for the office of mayor, shall appear the instruction “Vote for one (1)”; every registered qualified voter of the city shall be entitledtovoteforone(1)candidate;andthecandidate receivingthegreatestnumberofvotesshallbeelected.
On the ballots, above the names of the candidates for theofficesofcouncilmembersatlarge,shallappearthe instructions “Vote for two (2)”; every registered qualified voter of the city shall be entitled to vote for two(2)candidates;andthetwo(2)candidatesreceiving thegreatestnumberofvotesshallbeelected.
On the ballots above the names of the candidates for the office of district councilmember in each district, shall appear the instruction “Vote for one (1)”; every registeredqualifiedvoterofthedistrictshallbeentitled to vote for one (1) candidate; and the candidate receivingthegreatestnumberofvotesshallbeelected.
Section 6.12. Canvassing returns at primary election—Certifying results. Within ten (10) days after every primary election, the returns shall be canvassed,andtheresultsthereofcertifiedbytheboard of election commissioners to the city clerk. The city clerkshallimmediatelyissueelection certificatesto all persons elected to office and certify the results on all questionssubmittedattheelection.
Section 6.13. Canvassing returns at general election – Certifying results. Within (10) days after every election, general or special, the returns shall be canvassed,andtheresultsthereofcertifiedbytheboard of election commissioners to the city clerk. The city clerkshallimmediatelyissueelection certificatesto all persons elected to office and certify the results on all questionssubmittedattheelection.
Section6.14 Tievotes. Incaseoffailuretoelectthe mayororacouncilmemberbecauseofatie,theelection shall be determined fairly by lot from among the candidates tying with the greatest number of votes, by the council in a public meeting. At least two (2) days’ notice of the casting of lots shall be given to said candidatestying,byserviceorbymail.
Section 6.15. Special elections—Submission of proposalsatelections. Thecouncilmayorderspecial elections, fix the time thereof, and provide for holding thesameandmaysubmitproposalsatelections,general and special. Nothing in this charter shall prohibit
Section 7.1. Initiative: Authorization, exceptions, enactingclause. Theregisteredqualifiedvotersofthe city, by the initiative, shall have power to propose and adopt any ordinance which the council has power to enact under this charter except an ordinance appropriating money or levying taxes, an ordinance regulating compensation or days and hours of work of city personnel, and an ordinance granting, extending, renewing, or amending a franchise for a public utility. The enacting clause of every initiated ordinance shall be: “Be it ordained by the People of the City of Independence,Missouri.”
Section 7.2. Referendum: Authorization, exceptions. Theregisteredqualifiedvotersofthecity, by the referendum, shall have power to reject any ordinance passed by the council except an ordinance which,inaccordancewithparagraphone (1)ofSection 2.22 of this charter, goes into effect immediately upon final passage by the council unless it specifies a later time; however, if prior to 5:00 p.m. on thetenth (10th) day after the passage of any such ordinance there be filedwiththecityclerkanoticesignedbynotlessthan onehundred(100)registeredqualifiedvotersofthecity statingtheirintentionto causeareferendumpetitionto be circulated to refer it to the voters, such ordinance shall go into effect at one (1) minute after twelve (12) midnight (12:01 a.m.) thirty-one (31) days after its passage unless it specifies a later time, subject to the referendumasprovidedinthischarter.
Section 7.3. Initiative and referendum petitions: Content, circulation, filing. An initiative petition shall contain the complete text of the ordinance initiated, and a referendum petition shall contain the completetextoftheordinancesoughttobereferred.
Acopyofaninitiativeorreferendumpetitionshallbe filedwiththecityclerkbeforecopiesarecirculatedfor signatures; and the city clerk shall note thereon the exacttime of filing. Thecity clerk shall alsopromptly certifyinwritingwhetherthepetitionisinproperform.
Only registered qualified voters of the city may circulate copies of petitions. Each signer of a petition shall designate their residence by street and number or byotherdescriptionsufficientto identify theirplaceof residence.
An initiative petition shall be signed by a number of registered qualified voters of the city equal at least to five (5) percent of the total number of qualified voters registeredatthetimeofthelastgeneralcityelection. A referendum petition shall be signed by a number of registered qualified voters of the city equal at least to
five (5) percent of the total number of qualified voters registeredatthetimeofthelastgeneralcityelection.
An initiative petition with signatures must be filed with the city clerk within thirty (30) days after the city clerk certifies that it is in proper form. A notice of intentiontocauseareferendumpetitiontobecirculated must be filed with the city clerk within ten (10) days afterpassage of the ordinancesought to bereferred, as provided in paragraph (2) of Section 2.22 of this charter; and the referendum petition with signatures mustbefiledwiththecityclerkwithin thirty (30)days after passage of the ordinance. Each copy of an initiative or a referendum petition filed must bear an affidavit signed by the registered qualified voter who circulatedthecopystatingthateachsignatureappended thereto was made in the circulator’s presence, that the circulatorbelievesthateachsignatureappendedthereto is the genuine signature of the person whose name it purportstobe,andthatthecirculatorbelieveseachsuch signerto bearegisteredqualifiedvoterofthecity;and the circulator shall designate after their signature their residence by street and number or by otherdescription sufficienttoidentifytheirplaceofresidence. Allcopies of a petition mustbe assembled and filed with the city clerk as a single instrument by a registered qualified voterofthecity.
The city clerk shall record on an initiative or referendum petition with signatures the exact time whenitisfiled,andshallimmediately forwardittothe boardofelectioncommissioners.
When a referendum petition with signatures is thus filed with the city clerk, the ordinance sought to be referred shall not go into effect until the petition as originallyfiledor,ifamended,asamended,isfoundto be insufficient by the board of election commissioners andsocertifiedbythecityclerk,or,incasethepetition is found to be sufficient, until the registered qualified voters adopt the ordinance as provided below in this article. Thecityclerkshallnotcertifythatapetitionis insufficient until the time during which it may be amendedhasexpiredor,ifamended,untiltheboardhas foundtheamendedpetitioninsufficient.
Section 7.4. Initiative and referendum petitions: Examination and certification. Within thirty (30) days after an initiative or referendum petition is filed withthecityclerk,theboardofelectioncommissioners shall examine the petition and ascertain whether it has sufficientsignatures,andshallcertifyitsfindingstothe city clerk. If the board certifies that the number of signaturesisinsufficient,thecityclerk,byserviceorby registered, certified, or similar special mail, shall immediately notify the person filing the petition of the
Section 7.5. Initiative and referendum petitions: Amendment. Ifthenumberofsignaturesonapetition isfoundtobeinsufficient,thepersonfilingthepetition mayamendit,withinten(10)daysafterthenoticewas given or mailed to such person, by filing additional copies of the petition with more signatures, executed andfiledasprovidedinthecaseoftheoriginalpetition. Within ten (10) days after the amendment is filed with thecityclerk,theboardofelectioncommissionersshall examine the amended petition and ascertain whether it has a sufficient number of signatures, and shall again certifyitsfindingstothecityclerk,whoshallnotifythe council at its next regular meeting of the findings. If thenumberofsignaturesisfoundtobestillinsufficient, the city clerk shall notify the person filing the petition thereof,andthepetitionshallbevoidandofno effect.
Section 7.6. Initiated and referred ordinances: Passageorrepeal,orsubmissionbycouncil. Within thirty(30)daysafterreceivingnotificationfromthecity clerk that an initiative or referendum petition is sufficient,thecouncilshallpasstheinitiatedordinance as proposed by the initiative petition or pass an ordinancerepealingtheordinancesoughttobereferred, as the case may be; or shall submit the initiated ordinance or the ordinance sought to be referred to the registered qualified voters of the city at an election which shall be held not less than thirty (30) days and not more than ninety (90) days after receiving such notificationfromthecityclerk.
Section 7.7. Initiated and referred ordinances: Ballottitle,ballot. Thecitycounselorshallpreparethe ballot title for an initiated or referred ordinance. The ballot title shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of theordinance.
Theballot used in voting upon any suchordinance,if a paper ballot, shall have below the ballot title the followingpropositions,oneabovetheotherintheorder indicated: “FOR THE REFERRED ORDINANCE” “AGAINST THE REFERRED ORDINANCE” and “FOR THE INITIATED ORDINANCE” and “AGAINST THE INITIATED ORDINANCE”. Immediately at the left of each proposition, there shall beasquareinwhich,bymarkingacross(X),thevoter may vote for or against the ordinance. A paper ballot usedforvotingonordinancesmaybeusedonlyforthat purpose and for voting on any proposed charter amendments.
If voting machines are used, the ballot title shall be accompanied by the same two (2) propositions, one abovetheother or one precedingthe other in theorder indicated;andthevotershallbegivenanopportunityto
vote for either of the two (2) propositions and thereby tovotefororagainsttheordinance.
Section 7.8. Initiated and referred ordinances: Adoption or rejection, effect. If a majority of the registered qualified voters voting on an initiated or referred ordinance shall vote in favor thereof, it shall thereuponbeadopted,andshallgointoeffectwhenthe results of the vote are ascertained by the board of electionscommissionersandcertifiedbythecityclerk, unlesstheordinanceprovidesalatertime;otherwisethe ordinanceshallberejected.
An ordinance amending or repealing an initiated ordinance thus adopted may not be enacted by the councilwithinone(1)yearaftertheelectionatwhichit was adopted except by unanimous vote of the council. An ordinance re-enacting an ordinance rejected by referendum may not be enacted by the council within one (1) year after the election at which it was rejected exceptbyunanimousvoteof thecouncil.
If two (2) or more initiated or referred ordinances which have conflicting provisions are adopted at the sameelection,theonereceivingthegreatestnumberof affirmativevotesshallprevail.
Section 7.9. Recall: Authorization, petition. The incumbent of any elective city office, including a personchosento fillavacancyinanysuchoffice,may be recalled from office by the registered voters qualifiedtovoteforasuccessortotheincumbent,inthe mannerprovidedherein.
A petition demanding the recall of such officer shall contain a general statement of the grounds for recall. Before the petition is circulated, a copy of it shall be filed with the city clerk; and the city clerk shall note thereontheexacttimeoffiling. Thecityclerkshallalso promptly certify in writing whether the petition is in proper form. Copies of the petition may be circulated onlybyregisteredqualifiedvotersofthecityincaseof recall of the mayor or a councilmember at large, or by the registered qualified votersof the respective district in case of recall of a district councilmember. The petition shall be signed by a number of registered qualifiedvotersofthecityorofthedistrict,asthecase may be, equal at least to eight (8) percent of the total numberofqualified votersregistered at the timeof the lastgeneralcityelectionin thecityorin thedistrict,as the case may be. Such petition shall be signed, executed, verified, filed, examined, and certified, and maybeamended,inthemannerprovidedinthisarticle forinitiativeandreferendumpetitions.
Section 7.10. Recall: Submission at election. The council, after receiving notification from the city clerk that the petition is sufficient, shall submit the question of recall tothe registeredqualified votersofthecityor
ofthedistrict,asthecasemaybe,ataspecialorgeneral electiontobeheldnotlessthanthirty(30)daysandnot more than ninety (90) days after receiving the notification of the city clerk. More than one (1) question of recalling officers may be submitted at the sameelection.
If any such office becomes vacant by resignation or otherwise prior to the election, the question of recall shall not be submitted, and unless there are other matters to be voted upon, the election, if a special election,shallbecanceled. Thevacancyshallbefilled asothervacanciesinsuchofficearefilled.
Section7.11. Recall: Ballottitleandpropositions. Theballot title,propositions, and instructions tovoters for recall of an officer shall be substantially in the followingform:
If voting machines are used, the ballot shall be prepared in a form so as to give the voters an opportunity to vote either “yes” or “no” as set forth above.
Section7.12. Recall: Effectofvote. Ifamajorityof the registered qualified voters voting on a question of recallshallvoteinfavoroftherecall,theincumbentof the office shall be recalled from office effective when the results of the vote are certified by the board of electioncommissionerstothecityclerkandcertifiedby thecityclerk. Thevoteonaquestionofrecallshallnot besetasidebecauseofanydefectintherecallpetition. A vacancy caused by recall shall be filled as other vacanciesinsuchofficearefilled.
Section 7.13. Recall: Limitations. Recall proceedingsshallnotbeinitiatedagainsttheincumbent of an officeuntil such incumbenthasheld theofficeat leastonehundredandtwenty(120)days,norduringthe lastonehundredandeighty(180)daysoftheirterm. If amajorityoftheregisteredqualifiedvotersvotingona question of recall do notvote in favor oftherecall, the incumbentshallcontinueinofficewithoutinterruption, and recall proceedings shall not again be initiated against such incumbent within one hundred and eighty (180)daysaftertheelection.
Section 7.14. Person recalled or resigning. No person who has been recalled from an office, or who has resigned from an office while recall proceedings were pending against him/her, may hold any office or position of employment in the city government within two(2)yearsaftersuchrecallorresignation.
Section 7.15. Initiative, referendum, and recall: charter provisions to apply. The provisions of this charter relating to elections of councilmembers shall also govern initiative, referendum, and recall elections insofarastheyareapplicableandarenotsupersededby theprovisionsofthisarticle.
ARTICLE8
BUDGET
Section 8.1. Fiscal year. The fiscal year of the city governmentshallbeginonJuly1st andshallendonJune 30th unlessotherwiseprovidedbyordinance.
Section8.2. Budget: Preparationandsubmission. Atleastforty-five(45)daysbeforethebeginningofthe fiscal year, the city manager shall prepare and submit tothecouncilaproposedbudgetforthenextfiscalyear, which shall contain detailed estimates of anticipated revenues including any resources available from the current fiscal year, and proposed expenditures for the year, and an explanatory message. The budget shall include the general fund and at least all other regular operating funds which are deemed to require formal annualbudgeting, and shall bein such formasthecity managerdeemsdesirableorasthecouncilmayrequire. The total of the proposed expenditures from any fund shall not exceed the total of the anticipated resources thereof. Thebudgetandbudgetmessageshallbepublic recordsintheofficeofthecityclerk,andshallbeopen to public inspection. Copies of the budget and budget message shall be made for distribution to persons on request.
Section 8.3. Budget: Comparison of anticipated revenues and proposed expenditures with prior years.
(1) In parallel columns opposite the several items of anticipatedrevenuesinthebudget,thereshallbeplaced the amount of revenue during the last preceding fiscal year, and the amount of revenue up to the time of preparing the budget plus anticipated revenues for the remainder of the current fiscal year estimated as accuratelyasmaybe.
(2) In parallel columns opposite the several items of proposed expenditures in the budget, there shall be placedtheamountofeachsuchitemactuallyexpended duringthelastpreceding fiscalyear,andtheamountof each such item actually expended up to the time of preparing the budget plus the expenditures for the remainder of the current fiscal year estimated as accuratelyasmaybe.
Section8.4. Budget: Publichearing. The council shall hold a public hearing on the proposed budget at least one (1) week after a notice of the time of the hearinghasbeenpublishedasrequiredbystatelawand has been posted on the city’s website,; and any interestedpersonshallhaveanopportunitytobeheard. Thecouncilmaycontinuethehearingatlatermeetings withoutfurthernotice.
Section 8.5. Budget: Amendment, adoption, appropriations. The council may insert, strike out, increase,ordecreaseitemsinthebudget,andotherwise
amend it, but may not increase any estimate of anticipated revenues therein unless the city manager certifies that, in the city manager’s judgment, the amountestimatedwillberevenueofthefiscalyear.The council, not later than the twenty-seventh (27th) day of thelast monthofthefiscalyear, shall adoptthebudget and make the appropriations on or before that day, the budgetassubmittedorasamended,shallgointoeffect and be deemed to have been finally adopted by the council; and the proposed expenditures therein shall becometheappropriationsforthenextfiscalyear. The appropriations, when madebythecouncilby ageneral appropriation ordinance separate from the budget documents, need not be in as great detail as the proposed expenditures in the budget. Appropriations fromafundshallneverexceedtheanticipatedresources thereofinthebudgetasadopted.
Section 8.6. Ordinance levying taxes. The council shallpassanordinancemakingtheannualpropertytax leviesandtheestimateofrevenuesfrompropertytaxes includedortobeincludedinthebudget,shallnotbein excess of the revenues provided or to be provided by said ordinance.
Section 8.7. Budget: Transfer of appropriation balances, amendment. After the appropriations are made, and except as the council by ordinance may provide otherwise, the city manager may transfer unencumbered appropriation balances or parts thereof from any item of appropriation within a department, office, or agency to any other items of appropriation, including new items within the same department, office,oragency;anduponrecommendationbythecity manager, the council may transfer unencumbered appropriation balances or parts thereof from any item of appropriation, including an item for contingencies, in a fund to any other item of appropriation, including newitems,in thefund.
Upon recommendation by the city manager, the council by ordinance may also amend the budget as adopted by changing the estimates of anticipated revenues or proposed expenditures of a fund and otherwise; and may increase or decrease the total appropriations from a fund when a change in revenues or conditions justify such action; but total appropriations from any fund shall never exceed the anticipatedrevenuesthereofinthebudgetasadoptedor asamended, asthecase may be. Thecouncil shall not increase any estimate of anticipated revenues in the budgetunlessthecitymanagercertifiedthat,inthecity manager’s judgment, the amount estimated will be revenueofthefiscalyear.
Section8.8. Borrowinginanticipationofrevenues. In any fiscal year, in anticipation of the receipt of
revenues estimated in the budget for any fund, the council by ordinance or resolution may authorize the borrowing of money by the issuances of notes of the city. The total of such loans for any fund at any time shall not exceed seventy-five (75) percent of the estimated revenues of the fund for the year still outstandinganduncollected. Suchrevenueanticipation notes may be renewed from time to time, but all such notesandrenewalsthereofshallmatureandbepaidnot laterthantheendofthenextfiscalyear. Moneyforone fund may thus be borrowed from another fund of the city,includingtherevolvingimprovementfund,aswell as from other sources; but, in case of a loan from another fund of the city, unless the notes and any interestthereon arefully paidonorbeforetheduedate thereof, no other expenditures shall be made thereafter from the fund for which the loan was made until the notesandinterestarefullypaid.
Section8.9. Appropriationstolapseatendofyear. All appropriations and all balances of appropriations made as provided in this article which have not been expendedorlawfullyencumbered,shalllapseattheend ofthefiscalyear.
Section 8.10. Representation upon the county board of equalization. When the county board of equalization is sitting to equalize assessment of property in the city, the city shall have such representationthereonasisauthorizedbylaw;andsuch
representatives shall receive such compensation for suchserviceasthecouncilmayprovide.
Section 8.11. Contracts and expenditures prohibited, when. No department, officer, employee, or agency of the city government shall expend or contract to expend any moneyor incur any liability, or enter into any contract which by its terms involves the expenditureofmoney,foranypurpose,inexcessofthe amounts appropriated or authorized and available for thatgeneralclassificationofexpenditure. Anycontract made inviolationofthischarter shallbenullandvoid. Any officer or employee of the city who shall violate thissectionshallbeguiltyofamisdemeanor,andupon conviction thereof, shall cease to hold the office or employmentcurrentlyheldbysaidofficeroremployee, effective at the expiration of the period during which said officer or employee may appeal or, in case of appeal,whenthecaseisfinallydetermined.
Nothing in this section shall prohibit the making of contracts or the spending of money for public improvementsto befinancedinwholeorinpartbythe issuance of bonds after the issuance of said bonds has beendulyauthorized,orforpublicimprovementstobe financed in whole or in part by special assessments on benefited real property after said improvements have been duly authorized; nor the making of contracts of lease or for services for a period exceeding the fiscal yearinwhichsuchcontractismade,whensuchcontract isnotprohibitedbyapplicablelaworordinance.
ARTICLE9
LICENSETAXES
Section9.1. Licensetaxesauthorized. Thecouncil, by ordinance, shall have power which the general assembly of the State of Missouri has authority to confer upon any city to license, tax and regulate all businesses, occupations, professions, vocations, activitiesorthingswhatsoever,providedsuchpoweris consistent with the constitution of this state and is not limited or denied either by this charter or by statute. The council shall have power to license, tax and regulate all lawful subjects and objects of taxation, including,butnotlimitedto,thefollowing:
(1) Abstractors, certifiers, or guarantors of land titles; escrow service in land transfers; accountants; adjusters of claims; addressing businesses; advertising of anykindor by any means, andadvertising advisors, artists, composers, and writers; aerial dusting or spraying; aerial surveying; airports; aircraft transportation; ambulance companies; amusement ticket brokers or sellers; amusement devices, instruments, places and parks; animals; animal shows; appraisers; architects; arenas; art galleries; assayers; artisans; artists; athletic, boxing, sparring, or wrestling exhibitions or contests; auctioneers; auction criers; auction houses; auditors; automobiles; automobile dealers;automobileshows;bailorotherbondsmen;ball games, fields or parks or bowling alleys; banks, bankers; barbers; beauticians; barber or beauty shops; barge lines and terminals; baseball parks; bath houses; beer dealers, depots, or storerooms; beer or wine gardens or houses; bicycles; billboards or bill posters; billiard or pool tables, halls, or rooms; blacksmith shops; blueprint or photostat makers; board, livery, or sales stables; boarding, lodging, or rooming houses; bonding or surety companies; bookbinders; bottle exchanges; bottling plants; brewers or breweries; broadcasting stations; brokerage companies; building management, operation, or maintenance; building, house, or window cleaners; building or savings and loan associations; building or construction companies; buildings; buses; carnivals; carpet and rug layers; carters or draymen; caterers; cemeteries, chauffeurs; check rooms; chemists; children’s nurseries or other places for the care of children; chiropodists; chiropractors; cigarettes and tobacco of all kinds; circuses or menageries; claim agents; clairvoyants, palmists, or fortune tellers; clearing houses; coal or other fuel dealers; cold, garment, food, household goods,locker,lotormerchandisestorage;collectorsof accounts or claims; commission merchants or agents; concerts;conduitcompanies;contracthaulers;contract tailors; convalescent or nursing homes, rest homes, or homes for the aged; crematories; curb market merchants; dairies, dealers in or handlers of dairy products; dance halls; designers; detectives; detective agencies or investigators; development companies;
distillers or distilleries; dealers in or distributors of goods, wares, or merchandise, new or used; docks, piers, wharves, or other landing places; dog kennels; dogs; drivers of motor and other vehicles; dram shops ortaverns;drugs,druggists,anddrugstores,wholesale and retail; drummers or salespersons; dye houses; electric companies; electricians; electrologists; embalmers; employment agencies; engineers; engravers; excursion boats; exhibitions; express companies; ferries or other boats; filling or service stations; financeor loan companies, or money lenders; fireorburglaralarmsystems;foodhandlers,dealers,or processors; freight or other forwarders; freight, transfer, or other warehousing; fumigators; funeral home or directors; garages or other places for vehicle service, repair, or storage; gas companies; gasoline; garbage or refuse removers; gasfitters; gaugers; geologists; gift premium or trading stamp enterprises; goldrefiners,goldsmiths,orsilversmiths;golfcourses, driving ranges, and any other golf enterprises; grain elevators;gunsmiths;gymnasiums;hawkers,hucksters, or peddlers; health institutes or reducing parlors; heating companies; horse shoers; hospitals, sanitoriums, or sanitariums; hotels; ice or dry ice manufacturers or dealers; inflammable liquids; inspectors; installation with or without sale; insurance companies; insurance adjustors; interpreters; investigators; investment or trust companies; itinerant vendors,travelingorauctionstores;itinerantwholesale producedealers;jewelers;jobbers;junkorsecondhand dealers, merchants, or peddlers; laboratories; labor or public relation counselors; landscape gardeners; laundries and self-service laundries; lenders and their agents; lithographers; linotyping; lighting companies; liquefied petroleum gas; liquor; wholesale or retail liquor dealers; livestock or produce dealers; locksmiths; lumber measures, brokers, agents, or dealers;lunchstands,counters,orwagons;machinesor devices; machinists; machine shops; malt dealers; manufacturers; manicurists; marinas; market places; masseurs; mechanics; mercantile agents or agencies; merchants; merry-go-rounds; messenger or delivery services; metalworkers; midwives; mining companies; money transportation; motels or travelers’ courts or accommodations; moving picture film producers, distributors, exchanges, or rental establishments; moving picture theaters, exhibitions, or shows; motor vehicles; motorcycles; motor scooters; moving or packing companies; museums; music arrangers or bureaus; natural gas companies; navigation companies orsteamboatlines;newsagents,dealers,distributors,or stands; newspapers; newspaper publishers, agents, dealers, or distributors; news services or bureaus; nurseries or nursery persons; office, business, or professional buildings; oil companies; operatic, theatrical or other performances; opticians;
optometrists; orchestras, bands, or other musical ensembles or organizations; packing or slaughter houses; parades; parking lots or facilities; passenger stationsorterminals;pawnbrokers;pestexterminators; photographers; pipe lines; pipes, poles, wires, or conduitsofpublicutilitycompanies;plumbers;poultry shows; printing or other duplicating establishments; processors of all kinds; public amusements and entertainments; public carriers; public halls; public lecturers;publicmeetings;publicmovers;publicscales and weighers; public utilities of all kinds; publishing companies; push carts; quarries; race tracks; realtors; realtybrokersandsalespersons;rectifiers;refrigerating companies; rendering plants; repair shops; repairpersons;restaurantsorotherplaceswherefoodor drink is served; runners; safe depositories; salary or wage brokers or buyers; scalp treaters; selling, handling,orstoringgasoline,otherinflammableliquids or gas; service cars; service car drivers; shoe shining parlors;shootinggalleries;shows;sight-seeingtoursor companies; sign makers or hangers; signs; skating rinks; slot machines; solicitors; sport events or exhibitions; statisticians; steamfitters; stock or merchants exchanges, stock feeders; stockyards; storage houses; street railway cars and companies; streetstands;subwaycompanies;surveyors;swimming pools; tailors, clothes pressers or cleaners; tanners; taxicabs or other vehicles for hire; taxicab drivers and companies; taxidermists; technicians; telegraph or telephone companies; ticket agents; theaters; toll bridges or viaducts; trailer or tourist camps or courts; transfercompanies;transportationcompanies;travelor traffic bureaus; truck terminals; trust companies; typographers or typesetters; undertakers; upholsterers; vehicles; vending machines; veterinarians; veterinary hospitals;watchorinstrumentmakersorrepairpersons; water companies; wine manufacturers; wineries; woodworkers;
(2) And upon agents or agencies for the sale of automobiles; bus or railroad tickets; cash registers; exports or imports; farm equipment or supplies; ice; lightning rods; lumber; magazines; monuments; nurserystock;oil,mining,orotherstocksorsecurities; real estate; sewing machines; or any other property or things;
(3) And upon agents or agencies for bonding companies; buyers; distilleries; express companies; finance or loan companies; insurance companies; laundries, cleaners, and dyers; manufacturers; merchants; railway traffic; rentals; sellers; shippers; steamships;suretycompanies;theatricalbookings;and foranyotherpersons,firms,corporationsorpurposes;
(4) And upon brokers of whatever class or character,including,butwithoutlimitingthegenerality oftheforegoing,brokersofthefollowingkinds: Bond; bondingcompany;business;commodity;customhouse; feed; financial; food products; fruit; grain; insurance; investment; liquor; loan; meat; merchandise; patent right; produce; real estate; scrap metal; steel; stock; suretycompany;andtheatricalbookingbrokers;
(5) Anduponcontractorsandsubcontractorsforthe construction, alteration, repair, or performance of air
conditioning;airports;alleys;asphaltwork;badminton, tennis, or other playing courts; bridges; brickwork; buildingorhousemoving,razing,shoring,orwrecking; building;carpentry;caulking;cementorconcretework; culverts;decorating;dredging;drilling;electricalwork; excavating;flooring;foundations;grading;gutteringor spouting; heating; highway improvement; home building; kalsomining; land clearing; lathing; mausoleums, millwrighting; museums; ornamental work; painting; paper hanging; paving; pile driving; pipe lines; plastering; plumbing or gas fitting; power piping;powerplants;prefabricatedbuildings;railroads; rigging; roads; road oiling; roofing; sashing;scaffolds; sewers;sheetmetalwork;sidewalks;steamfitting;steel erection; stone work; streets; street lighting; tanks; terrazzoortilework;tinwork;tuckpointing;trenches; ventilation; waterproofing; waterworks; weatherstripping; and all other improvements on real property; and those engaged in the sale of products in connectiontherewith;
(6) And upon installing, rebuilding, cleaning, renovating, selling, renting, leasing, hiring, repairing, maintaining,servicing,orstoringaccountingmachines; air conditioning equipment; air compressors; aircraft; aluminum products; amusement devices; art glass; automobiles; awnings; beds; bicycles; boilers; books; calculating machines; cameras; carpets; chairs; clothing; contractor’s equipment; costumes; cranes; desks; dishwashing machines; duplicating machines; electric appliances; electric or compressed hammers; elevators; engines; fans; fire escapes; floor-surfacing machines; furnaces; furniture; gas appliances; gas or electric ranges; gauges; hotel or restaurant equipment; industrialortechnicalinstruments;intercommunicating systems; lamps; lifting jacks; jewelry; kitchen equipment; laboratory equipment; lawn mowers; leather goods; machinery of all kinds; meat choppers; motion picture projectors; motors; motor vehicles or parts thereof; musical instruments; numbering machines; office equipment; organs; oxygen tents; paint sprayers; phonographs; pianos; printing presses; public address systems; pumps; radios; radio equipment; railroad or tank cars; recording equipment; refrigerators; refrigeration systems; rugs; safes; sash metal; saws; scales; sewing machines; shoes; silverware; slicing machines; smoke stacks; soda fountains; sporting goods; stairs; statuary; stokers; stoves; surgical instruments; surveying instruments; storeorofficefixtures;tables;tapemachines;tankcars; tanks; television sets or equipment; tents; therapeutic devices; tile; tires; tools; trailers; trucks; typewriters; umbrellas; vacuum cleaners; vehicles; vending machines; washing machines; watches; water coolers; welding equipment; windows; and all other kinds of property;
(8) And upon services rendered in connection with air conditioning systems; aircraft stations; aircraft transportation; air express; ambulances; apron supply;
armature rewinding; automobile livery; battery charging; bleaching; cleaning, dyeing, or pressing; boiler cleaning, inspection or setting; bookbinding; bookkeeping; broadcasting stations; buffing, grinding, or polishing; building reports; check cashing; chimney cleaning; credit associations, bureaus, or agencies; delivery of goods, baggage, or parcels; desiccating; diapers; die cutting; duplicating; electrical transcription; electronic service; electroplating; embossing; enameling; feather renovating; film developing; filters; finders of missing persons; floor refinishing or maintenance; fluorescent lighting maintenance; furniture refinishing; galvanizing; grinding or sharpening; heating or refrigeration; hoisting; income or other tax returns or tax services; informationorinspectionbureaus;insuranceinspection bureaus; insurance, railroad, and other rating bureaus; janitor service; linoleum laying; machinery designing; mailing; mail order houses; market research; messengers; metal finishing, spraying, or stamping; mirror resilvering; motor vehicle oiling and greasing, repossessing, steam cleaning, towing, washing, repair, wheel aligning, or wrecks; motor vehicles or parts or equipment thereof; mothproofing; multigraphing; office coats, overalls, towels, linen, uniforms, work clothes,orsimilarsupply;oilorgasburnersorstokers; oil cutting or reclaiming; patrol, guard, or watchman service; pattern making; payrolls; pension plans; photography; pipe bending, cleaning, cutting, or threading; press clipping bureaus; printing; real estate management; research bureaus; sales counseling; sand blasting; sewers; sheet metal stamping or other work; steelshearing;tariffbureaus;theatersoundequipment;
tubecleaningorexpanding;typing orsecretarialwork; upholstering; ushering; vulcanizing; wall paper cleaning; welding; window displays; and all other servicestopersons,firms,corporations,associations,or property;
(9) And a separate license tax may be imposed for each business conducted or maintained by the same person,firm,orcorporation.
Section 9.2. Foregoing enumeration not to limit. Theforegoingenumerationshallnotbetakentoaffect, impair,orlimitthegeneralpowerofthecitytoimpose license taxes upon any business, vocation, pursuit, calling,activity,orthing,oranyclassorclassesthereof noworhereafternotprohibitedbylaw.
Section9.3. Licensetaxesauthorizedbylaw. When authorized by law, license taxes may be imposed by ordinance upon any person, firm, corporation, other subject,orobjectofsuchtaxalthoughanysuchperson, firm,corporation,orothersubject,orobjectofsuchtax may not be included in this article or elsewhere in this charter.
Section9.4. Classification. Anyordinanceimposing a license tax may divide and classify any subject or objectoftaxation,andmayimposeadifferenttaxupon eachclass,butthetaxshallbeuniformforeachclass.
Section9.5. Durationoflicenses. All licensesshall be issued for such periods as may be provided by ordinance,butnosuchperiodshallexceedone(1)year.
ARTICLE10
INDEBTEDNESS,BONDSANDNOTES
Section10.1. Purposesforwhichthecitymayissue bonds and notes: In general. The city may incur indebtedness and issue its bonds and notes in evidence thereof for any purpose authorized by this charter or which may benow or hereafter authorized by the state constitutionorlawforanymunicipalityinthestate.
Section10.2. Purposesforwhichthecitymayissue bonds and notes: Specific purposes. Some of the purposesforwhichthebondsandnotesofthecitymay be issued, sold, pledged or disposed of on the credit of thecity,orsolelyuponthecreditorsecurityofspecific propertyownedbythecity,orsolelyuponthecreditof income derived from property used in connection with anypublicutilityorotherrevenue-producingenterprise or service owned or operated by the city, or upon any two(2)ormoresuchcreditsorsecurities,shallbe: The acquiringofland;theacquiring,purchase,construction, reconstruction, repair, improvement, or extension of water systems, including lakes and reservoirs, sanitary sewers, sewage disposal plants and facilities, storm sewers, levees, public buildings and equipment therefor,facilitiesandequipmentforthecollectionand disposal of garbage and refuse, bridges, viaducts, subways,tunnels,railroads,buslines,terminalsforbus, air,railroad,andothercommon-carriertravel,andtheir equipment, warehouses, public market facilities, and airports, and equipment therefor, street lighting systems, gas and electric utility systems, heating and power plants, telephone and telegraph systems, facilities for radio and television broadcasting and reception, off-street parking facilities, and any other public utility, enterprise, or service, and equipment therefor, public housing, hospitals, orphan homes, industrial schools, jails, workhouses, and other charitable, correctional, and penal institutions, and equipment therefor, parks, golf courses, swimming pools, and other recreational facilities, and their equipment, parkways, streets, alleys, boulevards, grounds, and any other public improvement; the paying, refunding,or renewing ofanybondsand notes issuedbythecity,whethergeneralobligation,revenue, or other; and the establishment of or providing funds for the revolving improvement fund created by this charter.
The foregoing enumeration shall not be construed to limit any general provision of this charter authorizing thecitytoborrowmoneyorissueanddisposeofbonds and notes, and such general provisions shall be construedaccordingtothefullforceand effect oftheir language as if no specific purposes had been mentioned. Theauthoritytoissuesuchbondsandnotes for any purpose aforesaid is cumulative, and shall not beconstruedtoimpairanyauthoritytomakeanypublic improvement under any provision of this charter or of thestateconstitutionorlaw.
Section 10.3. Provisions of constitution and law relating to approval by electors to apply— Proceedings,etc.,providedbyordinance. Provisions of the state constitution and law applicable to the city and any changes made hereafter therein, relating to approval of bond issues by the qualified voters of the city,shallhavefullforceandeffectinthecityasifthey weresetoutinfullinthischarter.
All forms, proceedings, and other matters relating to anybondissueortoanyelectionatwhichaproposalto issue bonds is to be submitted, and the amounts, purposes, issue, and disposition of the bonds, may be provided by ordinance consistent with this charter, the stateconstitution,andapplicablelaw.
Section 10.4. Annual tax to retire bond within twenty(20)years. Beforethe issuanceof any general obligation bonds, the council by ordinance shall provideforthecollectionofanannualtaxonalltaxable tangiblepropertyinthecitysufficienttopaytheinterest and principal of the indebtedness as they fall due, and toretirethesamewithintwenty(20)yearsfromthedate contracted.
Section 10.5. Debt statement. Prior to the passage of any ordinance submitting to the qualified voters of thecityatanyelection,generalorspecial,anyproposal for issuing general obligation bonds, the director of financeshallprepare,swearto,oraffirm,andfileinthe office of the city clerk for public inspection, a debt statementwhichshallsetforthatleast:
(1) The aggregate principal amount of all outstanding generalobligationbondsandnotesofthecity;
(2) deductions, if any, permitted by the state constitutionorlaw;
(3) the amount of the existing net general obligation indebtedness;
(4) the amount of the net general obligation indebtednessaftertheissuanceofthebondsauthorized bysuch bondordinance;
(5) the assessed valuation of taxable tangible property within the city as shown by the last completed assessmentforstateandcountypurposes;and (6)theaggregateprincipalamountofgeneralobligation bonds and notes which the city may issue pursuant to thestateconstitutionandlaw.
The debt statement shall be approved by the council, andshallbepublishedasrequiredbystatelawandshall be posted on the city’s website at least two (2) weeks beforethequalifiedvotersvoteontheproposaltoissue bonds. The debt statement shall be deemed to be correct, but no error therein shall affect the validity of theelectionorofanybondstobeissued.
Section 10.6. Bond anticipation notes. In anticipation of the issuance of general obligation, revenue, or other bonds which have been authorized, the council by ordinance or resolution may authorize the issuance of notes. Each such note, including any renewals, shall mature and be paid not more than fourteen(14) calendar months afterdateof issuanceof theoriginalnote.
Section 10.7. Sale of bonds and notes. All bonds and notes issued by the city, general obligation, revenue, or other, shall be sold at public sale upon sealedproposalsafteratleastten(10)days’ noticehas been published as required by state law and has been posted on the city’s website. The director of finance shall also mail or have mailed notices to persons and financial institutions who the director thinks may be interested in the purchase of such bonds and notes or who shall make written request therefor. Bonds and
notes may be sold only to the highest and best bidder and on terms deemed most advantageous to the city. The city may repeatedly reject any and all bids and readvertisesuchbondsandnotesinthemannerrequired herein. Providedthatnotesissuedinanticipationofthe issuance of bonds which have been authorized and notes issued in anticipation of the receipt of revenues estimatedinthebudgetmayalsobesoldatprivatesale withoutnoticeandopportunityforcompetitivebidding asrequiredherein.
Section 10.8. Indebtedness to federal or state governmentoragencies. Nothinginthischartershall prohibit the city from incurring indebtedness to the federal or state government or to any agency thereof, directlyorindirectly,andissuingappropriateevidences thereof, in accordance with federal or state law and regulations,asthecasemaybe.
Section 11.1. Public improvements: Power to makeandacquire. The city shall have power, within the city, to establish and improve public highways of every character, and parts thereof, by grading or regrading, paving or repaving, macadamizing or remacadamizing, blacktopping or reblacktopping, surfacingorresurfacing,constructingorreconstructing, oiling or sprinkling, curbing or recurbing, guttering or reguttering, repairing, or otherwise improving the same, or any parts thereof, or by constructing, reconstructing,altering,orrepairingsidewalksthereon, or by sodding or resodding same or part thereof, or by planting,replanting,andcaringfortreesandshrubbery on or along the same, and acquire, construct, reconstruct, alter, repair, and maintain bridges, viaducts, tunnels, subways, culverts, cuts and fills, and approachestoanyofthem, anddikes, wharves,levees, drains, and sanitary and storm sewers on, along, or under any such public highway or highways or other rights of way therefor, and any and all other works in connection therewith; and to acquire, construct, reconstruct, repair, maintain, enlarge, alter and extend waterworks and facilities thereof, sanitary sewers, storm sewers, drains, canals, septic tanks, sewage disposal works and plants, including all inlets, outlets, equipment, and other appurtenances thereto; and to improvewatercoursesandthebanksthereof,divertthe waterthereof,andchangethechannelsofthesame;and to acquire, construct, reconstruct, alter, repair, and maintain all other public works or improvements; and to provide for making or acquiring such works or improvements separately or in combination with any two (2) or more of them as one (1) general public improvement. When not otherwise limited or prohibited by the state constitution, the powers above enumerated may also be exercised by the city outside of the city limits for the benefit of the city and its inhabitants.
Section 11.2. Public improvements: How cost to bepaid. Thecityshallhavepowertopay,inwholeor in part, for the public works or improvements authorized by this article or by any other provisions of this charter, out of the general fund, or out of the revolving improvement fund herein created, or out of anyotherfundavailabletherefor,orinwholeorinpart by bonds or the proceeds of bonds, or in whole or in part by special assessments on benefited real property, or in special tax bills or other securities evidencing specialassessments thereon; andto make,levy, assess, and collect such special assessments to pay therefor, andtoissuespecialtaxbillsandotherevidencesofsuch specialassessments.
Section11.3. Revolvingimprovement fund. There is hereby created a fund to be known as the revolving improvement fund. Said fund may be established and maintainedfromanyorallofthefollowingsources:
(1) Available resources from the general or other availablefunds.
(2) Theproceeds frombond issues as provided in this charter.
(3) Collections of special assessments or special tax billsorotherevidencesofspecialassessments,andany interest thereon, levied or issued for public work or improvement or condemnation of land paid for out of said improvementfund.
(4) The proceeds from the sale of special tax bills or otherevidencesofspecialassessments.
(5) Any other source provided by ordinance not in conflictwiththischarterorlaw.
Whenever the council shall authorize the cost of any public work or improvement, including the condemnationofanyproperty,orofthepurchaseofany tax billsissued for any public work or improvement to be paid out of the revolving improvement fund, any special assessment and interest thereon which may be levied and collected on account of such work or improvement, or the proceeds from the collection or sale of any such tax bills and interest thereon, shall be creditedtoandpaidintosaidfund.
Section 11.4. Procedure for initiating special assessmentprojects.
(1) Allproceedingsto makeoracquireanyofthe public works or improvements authorized by this charter,whicharetobepaidfor,inwholeorinpart, byspecialassessmentsuponbenefitedrealproperty, or in special tax bills or other evidences of special assessments thereon, or out of the revolving improvement fund tobe reimbursed bycollectionof such assessments, shall be begun by adoption of a resolution by the council declaring the necessity of suchworkorimprovement,andstatinggenerallythe nature thereof, the proposed method of payment therefor, the proposed boundaries of the district within which property is to be assessed, and the proposedmethodofapportioningthecostamongthe individualparcelsofland inthedistrict.
(2) The said resolution declaring the necessity of a public work or improvement shall be published as requiredbystatelawandshallbepostedonthecity’s websiteinfull,withinten(10)daysafterpassage. A copyoftheresolution and noticeof apublichearing to be held on the proposed work or improvement shall be mailed to all owners of real property in the proposed benefit district, of record at the time of
passage of the resolution, whose addresses are known;butfailureofapropertyownertoreceivethe resolution and the notice shall notaffect the validity of the proceedings. Notice of the hearing, if not included in the resolution and published as a part thereof, shall be published as required by state law andshallbepostedonthecity’swebsite.
(3) The public hearing on the proposed work or improvement shall be held at least seven (7) days afterthepublicationandmailingof theresolutionof necessityandnoticeofthehearing. Thecouncilshall hold the hearing unless it provides by general ordinance that such hearings shall be held by the director of public works and that the director shall reportrecommendationstothecouncil.
(4) If, after the public hearing on the proposed public work or improvement, the council desires to proceed with the work or improvement or any part thereof,itshalladoptaresolutionofintenttoproceed therewith. Theresolutionofintentshallsetforththe general nature of the work or improvement, the method of payment therefor, the boundaries of the district within which property is to be assessed therefor, and the method of apportioning the cost among the individual parcels of land within the district; shall order the preparation of detailed plans and specifications therefor; and shall order that an estimate be made of the total cost of the project and oftheamountwhichwouldbeassessedagainsteach parcel of landin thedistrict. Noerror or inaccuracy in such estimate shall affect the validity of the proceedings.
(5) Upon completion of the estimate of cost, the estimate and a notice of a public hearing thereon shall be published as required by state law and shall be posted on the city’s website, and a copy of the estimate and a notice of the hearing shall be mailed to all owners of real property in the benefit district, of record at the time of passage of the resolution of necessity,whoseaddressesareknown;providedthat, inlieuofmailingacopyofthecompleteestimateof cost to each owner, a statement of the amount estimated to be charged against the owner’s individual property may be mailed. Failure of a propertyownertoreceivetheestimateandthenotice shall not affect the validity of the proceedings. The public hearing shall be held at least seven (7) days aftersuchpublicationandmailing. Thecouncilshall hold the hearing unless it provides by general ordinance that such hearings shall be held by the director of public works and that the director shall reportto thecouncil.
(6) After the hearing on the estimate of cost, but not more than one hundred and eighty (180) days after passage of the resolution of necessity, the council may pass an ordinance directing the advertisement for bids on the public work or improvement if it is to be done by contract or directing city forces to proceed with the work or improvement. Ifthecouncilhasnotalreadydoneso by motion, resolution, or ordinance, this ordinance shallapprovetheplansandspecifications. Ifanypart
of the cost of theworkorimprovement is to bepaid in cash, and the money has not already been appropriated or authorized, this ordinance shall also appropriatethemoneythereforfromaproperfundor funds, but the appropriation shall be subject to change.
Section 11.5. Plans and specifications. The plans and specifications for a public work or improvement shall not limit the materials to be used to those of any particular producer or manufacturer, but they shall be so draftedasto permit materialsandprocessesto enter intocompetitioninsofarasdeemedadvantageoustothe city.
Section 11.6. Public improvements to be made by contract or by the city government—Awarding contracts. Public improvements, regardless of the mannerofpayingforthem,maybemadebycontractor by the city government itself, as the council may determine.
Atleastinallcasesinwhichtheamountofthecontract for a public improvement is more than five hundred dollars ($500) but not more than two thousand five hundreddollars($2,500), formal orinformal bids shall be taken; and in all cases in which the amount of the contractismorethantwothousandfivehundreddollars ($2,500), the city shall advertise for bids therefor in such manner as the council may provide, and formal bidsshallbetaken. Allbidsmayberejectedrepeatedly, andthecitymayfurtheradvertiseforbids. Thecontract maybeawardedonlytothelowestandbestbidder. The council shall award all contracts for public improvements.
Ifpart orall of thecost ofa public improvement is to be paid to the contractor in special tax bills or other evidences of special assessments, the contract shall specify the amount to be sopaid,and the city shall not beliabletherefor.
At least in every case in which the amount of the contract exceeds two thousand five hundred dollars ($2,500), the contractor shall provide a bond for the faithfulperformanceofthecontractincludingpayment by the contractor for all labor done and materials used in the public improvement; and said bond shall be subjecttoapprovalbythecouncil.
Section 11.7. Levy and assessment of costs. Upon the completion or acquisition of any public work or improvementthecostofwhichistobepaidinwholeor in partbyspecial assessments, orin specialtaxbillsor other evidences of special assessments, or out of the revolving improvement fund to be reimbursed by collectionofspecialassessments,thecitymanagershall cause the entire cost thereof, including any cost or expenseincurredbythecity(whichmayincludeamong other things any cost of condemnation incurred by the city,notseparatelyassessed)tobecomputed.
The council shall then pass an ordinance levying and assessing the cost or the part thereof to be paid by special assessments, or in special tax bills or other evidences of special assessments, or out of the revolving improvement fund to be reimbursed by collectionofspecialassessments,againsttheindividual parcelsoflandinthebenefitdistrict.
The council may provide that such special assessmentsandinterestthereonmaybepaidinannual or more frequent installments within a period not exceedingten(10)years.
If special tax bills are to be issued in payment for the public work or improvement, in whole or in part, the said ordinance or a separate ordinance shall direct the issuancethereof.
Section 11.8. Method of apportioning costs. The amounttobeassessedagainstallrealpropertyspecially benefited by any public work or improvement shall be apportionedamongtheindividualparcelsinthedistrict in proportion to their respective benefits in the manner prescribed by the council in the resolution of intent to proceedwiththeworkorimprovement.
Section 11.9. Invalid or insufficient assessments, reassessment — Excessive assessments. If any such special assessment or special tax billor other evidence ofspecialassessmentsshallfailto bevalidinwholeor inpart,orifforanycause,mistake,orinadvertencethe amount assessed shall not be sufficient to pay the cost of such work or improvement, thecouncil shall beand is hereby authorized to cause such assessment to be reassessed and toenforceorauthorizetheenforcement ofitscollection.
If the amount assessed be more than necessary, the excessshallfirstbecreditedonanyunpaidinstallments oftheassessmentsalreadyleviedagainsttheindividual parcels of land, and any balance then remaining shall be refunded to the property owners in proportion to thoseassessments.
Section 11.10. All property, public or private, liable for special assessments. All real property located within any benefit district established by the council,whetherpubliclyorprivatelyowned,including all tax-exempt property, cemeteries, railroad rights of way,andallotherrealproperty,publicorprivate,shall be liable for special assessments made or special tax billsissuedagainstsuchproperty.
If any property deemed benefited shall by reason of any provision of law be exempt from assessment, a proportionateshareofthecostshallbeassessedagainst suchproperty,andsuchassessmentshallbepaidbythe city.
Section 11.11. Special tax bills: Registration, etc. Upon issuance, special tax bills shall be promptly registered in the department of finance, and all special
tax bills except those issued directly to the city to reimburse the city, shall be delivered to the person entitled thereto. Such tax bills shall mature at such timesandbearsuchrateofinterestasmaybeprovided byordinance.
Specialtaxbillsshallbeprimafacieevidenceofwhat they contain and of their own validity, and no mere informalityorclericalmistakeinanyoftheproceedings shallbeadefensethereto.
Special tax bills shall be assignable. The assignee thereofshallnotifythedepartmentoffinanceofthecity oftheassignmentandshallfurnish thedepartmentsaid assignee’snameandaddress.
Section11.12. Specialtax bills: Payment. Special tax bills and lawful interest and charges thereon shall be payable to the parties entitled thereto at the department of finance of the city in the manner providedherein. Upon receiptofsuchpaymentinfull, thedepartment shall duly receipt therefor and properly enterthepaymentofsuch taxbillin therecordthereof; and thereupon the tractof land against which any such tax bill so paid in full was issued shall be discharged fromallliensonaccountofsuchtaxbill. Upondemand andupondeliverytothedepartmentoffinanceofsuch special tax bill duly marked “paid”, the department shall pay to the owner or holder thereof the amount so paid tothedepartment.
Special tax bills and lawful interest and charges thereon shall also be payable directly to the owners or holders thereof. Upon delivery to the department of finance of such tax bill duly marked “paid”, the departmentshallproperlyenterthepaymentofsuchtax billintherecordthereof;andthereuponthetractofland against which any such tax bill so paid in full and delivered was issued shall be discharged from all liens onaccountofsuchtaxbill.
Section 11.13. Sewers: Classes, where located, connections. Thereshallbefour(4)classesofsewers, either sanitary or storm: Public, district, joint-district, andprivate.
Public sewers are those which have been or may be constructed or acquired and paid for wholly out of generalrevenueor anyotherpublicfundsavailable for thatpurpose.
District sewers are those which have been or may be constructed or acquired, under authority of ordinance, within the limits of an established sewer district, and paid foror to be paid forin wholeorin partby special assessmentsuponthepropertyinthedistrict.
Joint-districtsewersarethosewhichhavebeenormay be constructed or acquired under the authority of ordinances uniting one or more districts and
unorganized territory, or uniting districts or unorganizedterritory,intoajointsewerdistrict,forthe purpose of providing main, outlet, or intercepting sewers, for the benefit of such joint sewer district, and paid foror to be paid forin wholeorin partby special assessments upon the property in such joint sewer district.
Private sewers are those paid for by private parties constructingthesame.
All public, district, and joint-district sewers shall be constructed along streets, alleys and other public ways wheneverpracticable; and no such sewer shall be built or acquired by the city except it be on a public way, right of way, or easement owned by the city. Such sewers may be connected with any other sewer of any classorwithanaturalcourseofdrainage.
Section 11.14. Private sewers: Acquisition. The city may acquire any private sewer by gift, condemnation, or purchase, and provide for reimbursement by special assessment, in the manner hereinbeforeprovided,tobeleviedagainsttheproperty in the district or joint district for which such private sewer is acquired. An ordinance making a private seweroranypartthereofapartofaproposeddistrictor joint-district sewer may provide that the contractor shall pay for such private sewer at the price fixed in such ordinance, and the cost thereof shall be included in the total cost of constructing such district or jointdistrictsewer.
Section 11.15. Sidewalks: When not part of another highway improvement project. Notwithstanding any other provisions of this charter, wheneverthe council shall by resolutiondeclarethat it is necessary to construct, reconstruct, alter, or repair any sidewalk which is not part of another highway improvement project, the owner or owners of the abuttingpropertyshallbenotifiedthereof. Iftheowner or owners and their addresses are known, the notice shall be by registered, certified or similar special mail, or by personal service; otherwise the notice shall be published once each week for two (2) consecutive weeks as required by state law and shall be posted on the city’s website, describing the location of the sidewalk so as to identify the same, and giving the specifications of the work to be done. The specificationsmaybegiveninfullinthenoticeormay be given by reference to specifications in the ordinances of the city or on file in the department of public works. If the owner or owners do not comply
within a reasonable time after such notice to be determined by the council, the city shall proceed to do said constructing,reconstructing,altering,orrepairing, either by contract or by the city’s own forces; and the cost thereof,including any costorexpense incurredby thecity, shall belevied asaspecialassessment against the abutting property, and special tax bills may be issuedtherefor.
The procedure provided by this section shall be cumulative and shall not prohibit proceeding under othersectionsofthisarticle.
Section 11.16. Weeds, dilapidated buildings, etc.: Abatement, Etc. Notwithstanding any other provisions of this charter, whenever it is found that a nuisance exists on real property, the owner or owners thereof shall be notified of the existence of such nuisance. The manner of the notice and the contents thereofshallbe,ataminimum,asrequiredbyStatelaw. The procedure provided by this section shall be cumulative to any other procedure now or hereafter providedbythischarter,by law,orbyordinance.
Section 11.17. Special assessments, etc., to be a lien. All special assessments and special tax bills and other evidences of special assessments and lawful interest and charges thereon, shall be a lien upon the propertychargedtherewith.
Section 11.18. Council may further regulate. The council by general ordinance may further regulate the making or acquiring of public works or improvements to be paid for, in whole or in part, by special assessments,orinspecialtaxbillsorotherevidencesof special assessments upon real property, or out of the revolving improvement fund to be reimbursed by collection of such assessments, the issuance of special tax bills and the collection thereof, the making of special assessments, and all other matters incidental thereto.
Section 11.19 Condemnation proceedings. All proceedings forthecondemnationofpropertyorinthe exercise of the right of eminent domain, shall be in accordancewiththegeneralprovisionsofstatelaw.
Section 11.20. Inclusionof real property in city in drainage orlevee districts. Real property in the city, publicandprivate,maybeincludedindrainageorlevee districts which may be organized by any circuit or countycourtorunderthelawsofthisstate.
ARTICLE12
PLANNINGANDZONING
Section12.1. Cityplanningcommission: Created, membership. There shall be a city planning commission, which shall consist of seven (7)members appointed by the council for four(4)-year terms which shall overlap based upon the expiration dates of the terms of original appointment. The mayor and city manager shall serve continuously as ex-officio members.
The city planning commission shall have power to subpoena witnesses to testify and to compel the productionofdocumentsandothereffectsasevidence. The chairman of the commission shall have power to administeroathsandaffirmations.
Section 12.2. City Planning Commission: Powers and duties. The city planning commission, in accordance with and subject to any conditions, limitations, and exceptions provided by ordinance, shallhavepowerandshallberequiredto:
(1) Develop and recommend to the council a masterplanforthephysicaldevelopmentofthecityand its environs, which may beadopted in its entirety orin parts,andrecommendchangestherein;
(2) Prepare and recommend to the council regulationsgoverningthesubdivisionoflandwithinthe city and outside the city insofar as it is not in conflict withlaw,andrecommend changestherein;
(3) Recommend to the council the approval or disapproval of plats; and the council shall approve or disapproveaplatwithinonehundred and twenty(120) days after it is filed with the commission; and if the counciltakesnosuchactioninsuchtime,theplatshall bedeemedtobeapproved;
(4) Prepare and recommend to the council an official map of the city, and recommended changes therein;
(5) Prepare and recommend to the council a zoningplanorordinanceinaccordancewiththepowers granted to the city by this charter and law, and recommend changestherein; andthe council shalltake appropriate action, affirmative, negative, or other, pursuant to a request, application, or petition for rezoningpropertyorotherchangeinzoningregulations within one hundred and twenty (120) days after the request, application, or petition is filed with the commission;
(6) Recommend to the council appropriate actionrelating tourbanrenewal;
(7) Make reports and recommendations relating to the master plan and to the development of the city and its environsto public officers and agencies, public utilitycompanies,citizenorganizations,andothers;
(8) Promotepublicinterestinandunderstanding of the master plan, planning, zoning, and related matters;
(9) Submitannuallytothecitymanager,notless thanninety(90)dayspriortothebeginningofthefiscal year, a list of recommended public improvements which in the opinion of the commission are necessary or desirable to be constructed or acquired during the forthcoming six (6)-year period; and such list shall be arrangedinorderofpreference,withrecommendations astowhichprojectsshouldbeconstructedandacquired during the next fiscal year and during the succeeding five(5)-yearperiod;
(10) Makeareportannuallytothecouncil;and
(11) Perform such other functions as the council mayprovidebyordinanceconsistentwiththischarter.
The personnelof the planning commission and of the office of the planning director, in the performance of their official duties, may enter upon any land, make examinations and surveys, and place and maintain necessarymonumentsandmarkersthereon.
Section 12.3. Planning director. There shall be an officer of the city with the title of planning director, who shall be appointed by the city manager for an indefinite term. The planning director shall have had trainingandexperienceinplanning.
The planning director shall be the chief planning officerofthecityandtheprincipaltechnicaladvisorof the city manager and of the planning commission on planningandrelatedmatters,andshallhavesuchother powers and duties as the council may provide by ordinance and such powers and duties relating to the planning commission and its functions as the commission may provide consistent with this charter andtheordinancesofthecity.
Themasterplanshallincludeastatementdescribingit andastatementofobjectives,principles,andstandards used in developing it; and shall include, but not necessarily be limited to, the following parts or elements:
(1) A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing,business, industry,recreation,education, publicbuildingsandgrounds,andothercategories ofpublicandprivateusesofland.
(2) A transportation element consisting of the general location and extent of existing and proposed major highways, airways, railways, waterways,andrelatedterminalfacilities.
(3) A community facilities element including all necessary community facilities and services, such as schools, parks and recreational facilities, public utilities, libraries, and police and firefacilities.
(4) A statement of the standards of population density and building intensity recommended for the various districts and other territorialunits,andestimatesoffuturepopulation growth,correlatedwiththelanduseelementofthe plan.
The master plan or elements thereof and any changes therein may be recommended by the city planning commission only after a public hearing thereon, and may be adopted by the council only after a public hearingthereon.
Section 12.5. Board of adjustment: Created membership. There shall be a board of adjustment, which shall consist of five (5) members appointed by the council for overlapping five (5)-year terms. The council shall appoint the five (5) original members so that thetermofone(1)willexpire onJuly 1in eachof thefirstfive(5)yearsaftertheirappointment.
Theboardofadjustmentshallhavepowertosubpoena witnesses to testify and to compel the production of documents and other effects as evidence. The chairpersonoftheboardshallhavepowertoadminister oathsandaffirmations.
Section 12.6. Board of adjustment: Powers and duties. The board of adjustment shall be primarily a quasi-judicialbody,andinaccordancewithandsubject to any conditions,limitations,and exceptionsprovided byordinance,shallhavepowerandshallberequired:
(1) To hear and determine appeals from orders, requirements, decisions, and determinations of administrative officers and agencies relating to the enforcementofzoningregulations;
(2) To hear and determine applications for variancesfromthestrictapplicationofanyprovisionof thezoningregulationstoaspecificparceloflandunder conditionsprovidedbyordinance;and
(3) To perform such other functions as the council may provide by ordinance consistent with this charterorasprovidedbylaw.
The board of adjustment may reverse an order, requirement, decision, or determination of an administrative officer or agency, or decide in favor of theapplicantonanymatteruponwhichitisrequiredto pass under any ordinance or to effect any variation in an ordinance, only by a vote of at least four (4) members.
ARTICLE13
PRIVATELYOWNEDUTILITIES
Section 13.1. Franchises: Granting. A franchise for apublicutilitymay begranted to aperson, firm,or corporation,extended,renewed,oramendedonlybyan ordinance passed by the council, accepted as provided hereinbelow by the person, firm, or corporation to whom the franchise is granted, and approved at an electionbyamajorityoftheregisteredqualifiedvoters voting on the questions. After introduction, a copy of the ordinance in its final form must be in the office of thecityclerkandsubjecttopublicinspectionforatleast thirty (30) days before it is passed. Before final passage,thecouncilshallholdapublichearingthereon, anoticeofwhichmusthavebeenpublishedasrequired by state law and must have been posted on the city’s website at least seven (7) days prior to the hearing. Within fourteen (14) days after final passage, the grantee must file with the city clerk the grantee’s unconditional acceptance of all terms of the franchise, extension, renewal, or amendment, and if a special election is to be held for the purpose of voting on the franchise,extension,renewal,oramendment,mustpay to the department of finance of the city an amount of money estimated by the director of finance to be adequate to pay all expenses of holding such election. The election at which the question of approving the sameissubmittedtotheregisteredqualifiedvotersshall notbeheld less than sixty (60)days afterfinalpassage of the ordinance granting, extending, renewing, or amendingthefranchise.
Section13.2. Franchises: Termsandconditions.
(1) No franchise shall begrantedby the city fora term exceeding twenty-five (25) years. An exclusive franchiseshallneverbegranted.
(2) With respect to any franchise granted after this charter goesinto effect, whetherornotprovided in the franchise,thecity shallhavepower:
(a) To terminate the franchise for the violation of any of its provisions, for themisuseornonusethereof,orforthe violationofanyregulationsimposedby thischarter,byasuitbroughtinacourt of competent jurisdiction and by the judgmentofsaidcourt;
(b) To control and regulate the use of the streets, alleys, other public ways, bridges, easements, and other public places of the city, and the space above andbeneath them;
(c) To require the public utility to permit joint use of its property and appurtenances located in the streets, alleys, other public ways, bridges, easements, and other public places, by the city and by other public utilities, insofar as such joint use may be reasonably practicable, and upon payment of a reasonable rental or charge therefor; and in the absence of agreement, upon application by the public utility,provideforarbitrationof the terms and conditions of such joint use and the compensation to be paid therefor;
(d) To impose regulations determined by the council to be conducive to the health,safety,orwelfareofthepublic;
(e) To require the public utility to pay all or any part of the cost of improvement or maintenance of streets, alleys, other public ways, bridges, easements and other public places, that arises from its use thereof, and to protect and to save the city harmless from all damages arisingfromsuchuse;and
(f) Torequirethepublicutilitytofilewith any designated city officer or officers such drawings and maps of the proposed location or locations and nature of pipes, conduits, wires and otherfacilities.
(3) The rates to be charged and the character, quality and standards of service to be furnished by a public utility operating under a franchise granted by this city, shall be under the jurisdiction and control of such regulatory agency as may be vested therewith by law; provided that, if at any time there shall be no such regulatory agency vested by law with exclusive jurisdiction and control over said rates and the character, quality, and standards of service, then such jurisdiction, and control shall be vested in the council totheextentconsistentwithlaw.
Section13.3. Franchises: Saleorassignment. The grantee of a franchise may not sell, assign, sublet, or allow another to use the same, unless the council by ordinancegivesitsapproval.
ARTICLE14
GENERALANDMISCELLANEOUSPROVISIONS
Section 14.1. Gender. When the masculine gender is used in this charter, it shall also mean the feminine unlessthemasculinealoneisclearlyindicated.
Section 14.2. Notice of suits. No action shall be maintained against the city for or on account of any injury growing out of alleged negligence of the city unless notice shall first have been given in writing to themayorwithinninety(90)daysoftheoccurrencefor which damage is claimed, stating the place, time, character, and circumstancesoftheinjury,andthatthe personso injuredwillclaimdamagesthereforfromthe city.
Section14.3. Serviceofprocesses, writs, and legal notices. All civil processes, judicial writs, and legal notices running to the city, may be served upon the mayor.
Section 14.4. Judicial bonds. The city shall not be requiredtofurnishsecurityforanybondinanyjudicial proceedingorappeal.
Section 14.5. Proof of ordinances, etc. Any ordinance,resolution,orproceedingsofthecitymaybe provedbyacopythereofdulycertifiedbythecityclerk under seal of the city; or, when printed in book or pamphlet form by authority of the city, the same shall bereceivedinevidenceinallcourtsandplaceswithout furtherproofofauthenticity.
Section 14.6. Creation and maintenance of records. Allofficersshallcausetobecreatedandfiled such records as are necessary for the performance of their official duties, and shall cause them to be maintained so as to be accessible at all times. When officers vacate their offices, they shall deliver the recordsoftheirofficesto theirsuccessors.
Thecouncilshallregulatecityrecordsandprovidefor their preservation, removal when no longer needed for current use, storage and donation to an appropriate historical society or library or other disposition when nolongerofvaluetothecitygovernment.
Section14.7. Destructionof records. No record of account, voucher, contract, lease, insurance policy, payroll,timerecord,taxdeed,purchaseorder,policeor municipal court record, or other official document in any office or agency of the city government shall be destroyedexceptasmaybeprovidedbyordinance.
Section 14.8. Publicity of meetings, records and votes. Allmeetings,records,accountsandvotesofthe council and of every office, department, or agency of the city shall be open to the public as may be required by statelaworcityordinance. Any meeting, recordor vote pertaining to legal action, causes of action, or litigationinvolvingthecity,leasing,purchaseorsaleof real estate where public knowledge of the transaction might adversely affectthelegal consideration therefor, may beaclosed meeting, closed record or closedvote. Any meeting, record or vote involving physical health of any person or relating to probation, expulsion, discipline, reprimand, reduction in force, demotion, hiring,firingorpromotionofpersonnelofthecitymay be a closed meeting, a closed record, or a closed vote. Othermeetings,recordsorvotesasotherwiseprovided by law may be a closed meeting, closed record, or a closedvote. Wheremeetings,recordsorvotesareopen to the public, reasonable rules and regulations may be promulgated regulating, but not prohibiting, public access.
ARTICLE15
CHARTER: PUBLICACT,AMENDMENT,ANDSEPARABILITY
Section 15.1. Charter to be a public act. This charter is hereby declared to be a public act, and all courtsshalltakejudicialnoticethereof.
Section15.2. Amendmentofcharter. Thischarter maybeamendedafterbeingsubmittedtoandapproved by the registered qualified voters of the City of Independence, or hereafter provided by the state constitution. Fromtimetotime,butnolessoftenthan every seven (7) years, the council shall provide for a charter review commission to review this charter and to recommend to the voters of the city proposed amendmentstothischarter,ifany.Themembersofthe charter review commission shall be selected as provided by the council. The charter review commission shall consist of at least eleven (11) qualified voters of the city, including a chair person whoisappointedbythemayor.
Section 15.3. Separability clause. If a court of competent jurisdiction should hold any section or part of this charterinvalid, such holding shall not affect the remainder ofthischarter northecontextinwhich such sectionorpartsoheldinvalidmayappear,excepttothe extent thatanentiresectionorpartmaybe inseparably connected in meaning and effect with that section or part.
Ifacourtofcompetentjurisdictionholdsapartofthis charter invalid, or if a change in the state constitution or law renders a part of this charter invalid or inapplicable, the council by ordinance may take such appropriateactionaswillenablethecitygovernmentto functionproperly.
SCHEDULE
Section1. Contracts,obligations,etc.,toremainin effect. The adoption and going into effect of this revised charter shall not impair any contract to which thecityisapartyatthetimethisrevisedchartergoes
into full effect. Public improvements for which steps havebeentakenbythecouncilundertheformercharter governmentmaybecarriedtothecompletionasnearly aspracticable in accordancewiththeprovisionsof law underwhichsaidgovernmentoperated. Alluncollected taxes and assessments levied or assessed, all fines and penalties imposed, and all other obligations owing to thecity,shallcontinueinfulleffectandbecollectedas if no change had been made in the city government. Nothing in this charter shall prohibit the city from performingallthecovenantsheretoforeenteredintoby itinconnectionwithrevenuebondswhichithasissued.
Section 2. Pending actions and proceedings. The adoption of this revised charter shall not abate or otherwise affect any action or proceeding, civil or criminal, pending when it takes effect, brought by or against the municipality or any office, department, agencyorofficerthereof.
Section 3. Ordinances to remain in effect. The adoption of this revised charter shall not repeal, abate or otherwise affect existing ordinances, whether codifiedornot, resolutions,or administrativeordersor codes.
Section 4. Budget revision, etc. Notwithstanding any other provisions of this charter, the council may take such action regarding the budget as may be necessary or proper as a result of the going into effect ofthisrevisedcharterandthechangemadeinthefiscal year by this charter, including, but not limited to, the adoptionofarevisedorinterimbudget.
Section 5. Effective date of revised charter. If a majority of the qualified voters of the city vote for the proposed charter revisions as provided in Section 1 of this schedule, the provisions of the revised charter, including this schedule, shall go into effect immediately unless otherwise specified in the ballot language.
