Chapter 2: Administration

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CONTENTS

ARTICLE I.  CITY OFFICERS

IN GENERAL

§ 2-1.          Elective officers; oath; bond.

§ 2-2.          Appointive officers.

§ 2-3.          Residency status - Change.

§ 2-4.          Misappropriating city funds.

§ 2-5.          Appointive officers - Removal.

§ 2-6.          Elective officers - Removal.

§ 2-7.          Charges preferred - Elective officers.

§ 2-8.          Hearing on charges preferred; date fixed - Elective officers.

§ 2-9.          Hearing on preferred charges; conduct of - Elective officers.

§ 2-10.        Hearing on preferred charges; representation.

§ 2-11.        Hearing on preferred charges; power to subpoena witnesses; compel  testimony - Elective officers.

§ 2-12.        Hearing on preferred charges; results of; record of - Elective officers.

§ 2-13.        Purchasing agent.

§§ 2-14 to 2-15.  Reserved.

ARTICLE II.  CITY COUNCIL

§ 2-16.        Qualifications for councilman.

§ 2-17.        City council to determine election in case of tie vote.

§ 2-18.        Oath of office.

§ 2-19.        Regular meetings.

§ 2-20.        Special meetings.

§ 2-21.        Presiding officer; president pro-tempore.

§ 2-22.        Journal of proceedings.

§ 2-23.        Order of business.

§ 2-24.        Quorum - Generally.

§ 2-25.        Rules of order; authority.

§ 2-26.        Rules of order suspension.

§ 2-27.        Committees of the city council.

§ 2-28.        Manner of passing ordinances.

§ 2-29.        Council may compel absent members to attend.

§ 2-30.        Councilmen to serve out their terms - Redistricting.

§§ 2-31 to 2-33.  Reserved.

ARTICLE III.  ELECTIVE OFFICERS

DIVISION 1.  MAYOR

§ 2-34.        Qualifications for mayor.

§ 2-35.        City council to determine election in case of tie vote.

§ 2-36.        Compensation.

§ 2-37.        Vacancy.

§ 2-38.        Duties - Generally; signing of commissions, bonds, drafts, etc.

§ 2-39.        Power to remit fines; grant reprieves, pardons.

§§ 2-40 to 2-44.  Reserved.

DIVISION 2.  CITY COLLECTOR

§ 2-45.        Repealed by Ord. 629.

§ 2-46.        Repealed by Ord. 629

§ 2-47.        Duties.

§ 2-48.        Non-residents to be furnished a statement of taxes.

§ 2-49.        Seizure and sale of property.

§ 2-50.        Penalty for failure to pay taxes.

§ 2-51.        Collector to give receipt.

§ 2-52.        Deposit of collections.

§ 2-53.        Delinquent taxes, suits, how brought.

§ 2-54.        Collector to return list of delinquent taxes.

§ 2-55.        Collector to make settlement.

§ 2-56.        Repealed by Ord. 629.

§ 2-57.        Repealed by Ord. 629.

§ 2-58.        Repealed by Ord. 629.

§§ 2-59 to 2-63.  Reserved.

DIVISION 3.  MUNICIPAL JUDGE

§ 2-64.        Election.

§ 2-65.        Qualifications.

§ 2-66.        Compensation.

§ 2-67.        Absence of judge, procedure - Vacancy.

§ 2-68.        Duties.

§ 2-69.        City to provide courtroom

§ 2-70.        Municipal court sessions.

§ 2-71.        Superintending authority.

§ 2-72.        Vacation of office.

§§ 2-73 to 2-86.  Reserved.

ARTICLE IV.  APPOINTIVE OFFICERS

DIVISION 1.  CITY ATTORNEY

§ 2-87.        Qualifications.

§ 2-88.        Compensation.

§ 2-89.        Vacancy.

§ 2-90.        Duties.

§ 2-91.        Attorney - Report.

§ 2-92.        City counselor - Appointment.

§ 2-93.        City counselor - Duties.

§ 2-94.        City counselor - Compensation.

§§ 2-95 to 2-99.  Reserved.

DIVISION 2.  CITY CLERK

§ 2-100.      Vacancy.

§ 2-101.      Duties.

§ 2-102.      Preparation of tax books.

§ 2-103.      Official records.

§§ 2-104 to 2-108.  Reserved.

DIVISION 3.  CITY ASSESSOR

§ 2-109.      Compensation.

§§ 2-110 to 2-114.  Reserved.

DIVISION 4.  CITY TREASURER

§ 2-115.      Bond.

§ 2-116.      Duties.

§ 2-117.      Settlement.

§ 2-118.      Turn over records to successor.

§ 2-119.      Disbursements by warrant only.

§ 2-120.      Warrants payable only to payee.

§ 2-121.      Annual audit.

§§ 2-122 to 2-126.  Reserved.

DIVISION 5.  SUPERINTENDENT OF PUBLIC WORKS

§ 2-127.      Appointment; term.

§ 2-128.      Qualifications.

§ 2-129.      Duties.

§ 2-130.      Designating Municipal Utilities Superintendent as administrator of the Identity Theft Prevention Program.

§ 2-131.      Identity Theft Prevention Program.

§§ 2-132 to 2-134.  Reserved.

ARTICLE V.  MUNICIPAL EMPLOYMENT PROVISIONS

DIVISION 1.  GENERALLY

§ 2-135.      Social security.

§ 2-136.      Local government employees retirement system.

§ 2-137.      City of St. James to elect changes under the Missouri Local Government Employees Retirement System.

§ 2-138.      Closing City Personnel records containing personal information.

§§ 2-139 to 2-141.  Reserved.

DIVISION 2.  SALARY SCHEDULE

§ 2-142.      Salaries general.

§ 2-143.      Pay period (frequency of pay).

§§ 2-144 to 2-157.  Reserved.

ARTICLE VI.  CONFLICT OF INTEREST

DIVISION 1.  A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS

FOR CERTAIN MUNICIPAL OFFICIALS TO CONFORM WITH REQUIREMENTS OF SENATE BILL 262

§ 2-158.      Declaration of policy

§ 2-159.      Conflicts of interest.

§ 2-160.      Disclosure reports.

§ 2-161.      Filing of reports.

§ 2-162.      When filed.

§ 2-163.      Filing of ordinance.

§ 2-164.      Effective date.

§§ 2-165 to 2-169.  Reserved.

ARTICLE VII.  BOARDS AND COMMISSIONS

DIVISION 1.  TIF COMMISSION

§ 2-170.      Creation of TIF Commission.

§ 2-171.      Authority of TIF Commission.

§ 2-172.      Operation of TIF Commission.

§ 2-173.      Membership.

§ 2-174.      General policy regarding tax increment financing.

§ 2-175.      Procedures for bids and proposals.

§§ 2-176 to 2-185.  Reserved.

ARTICLE VIII.  SUNSHINE LAW

§ 2-186.      Custodian of records designated.

§ 2-187.      How records are requested.

§ 2-188.      Response desired to be noted on request.

§ 2-189.      Response within 3 business days.

§ 2-190.      Documentation of response.

§ 2-191.      Request for searches.

§ 2-192.      Fees for retrieval and copies.

§ 2-193.      Inspection of records.

§ 2-194.      Waiver of fees.

§ 2-195.      Closed records and votes.

§ 2-196.      Subpoenas for closed records.

§ 2-197.      Public notice board.

§ 2-198.      Penalty for disclosure of closed records.

§§ 2-199 to 2-203.  Reserved.

ARTICLE IX
ST. JAMES ENHANCED ENTERPRIZE ZONE BOARD

§ 2-204.      Board appointed

§ 2-205.      Members.

§ 2-206.      Board member reappointment policy and leadership structure.

§ 2-207.      Establishing an incentives matrix for reducing real estate tax on eligible projects.

 

Chapter 2

ADMINISTRATION

ARTICLE I

CITY OFFICERS - IN GENERAL

Sec. 2-1.  Elective officers; oath; bond.

        The mayor, municipal judge and councilmen shall qualify the first Monday in May after their election, or as soon thereafter as possible, by taking and subscribing the oath required by law. The municipal judge shall give bond to the City ofSt. James with good and sufficient security to be approved by the city council, conditioned for the faithful discharge of the duties of his office. They shall enter upon the discharge of the duties of their office on the first Monday in May after their election, or if at a special election, at the first regular meeting of the council after their election, qualifying and giving bond. The municipal judge and councilmen shall hold their offices for two years and the mayor for four years, unless in case of vacancies, and until their successors are elected and qualified.  (Ord. 12, § 1; Ord. 247, §2; Ord. 629)

Sec. 2-2.  Appointive officers.

        The mayor shall, on or before the first Monday in May after his election for each term, appoint a city attorney, city collector, treasurer, city clerk and other regular officers that may be provided for by ordinance. After being confirmed by the city council they shall hold their offices for two years. Until their successors are appointed and qualified, and in case of vacancy in any of said offices the mayor shall fill such vacancies by appointment.  (Ord. 12, §2; Ord. 247, §2; Ord. 629)

Sec. 2-3.  Residency status - Change.

        If the mayor, collector or municipal judge shall remove from the city, or any councilmen shall remove from the Ward from which he was elected, the city council shall, after having ascertained the fact of such removal, declare such office vacant, and such vacancy shall be filled in the manner provided by the Statutes of Missouri.  (Ord. 345, §13.) 

Sec. 2-4.  Misappropriating city funds.

        If any officer of the city who may have the care of any funds or evidence of debt belonging to the city, shall use the same for his own purpose, or shall speculate therein in any manner, he shall be deemed guilty of a misdemeanor.  (Ord. 31, §1; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 2-5.  Appointive officers - Removal.

        The city council may suspend or remove any officer appointed by the council or by the mayor, and no further proceedings need be had than the order of suspension or removal.  (Ord. 25, §1.)

Sec. 2-6.  Elective officers - Removal.

        The city council may remove any elective officer in the manner hereinafter provided, who shall be charged before them with willful violation of any official obligation, or with culpable negligence, or dereliction of duty, or with incompetency, or with willful misconduct, or with abuse of authority in his official capacity, or under color of office, or with any act inconsistent with his official duty or character.  (Ord. 25, §2.)

Sec. 2-7.  Charges preferred - Elective officers.

        Such charge shall be made in writing, and shall be preferred only by the mayor or some member of the city council.  If the council shall deem it expedient to take action upon the charge so preferred, they shall make an order suspending the officer so charged from further exercising the function of his office.  Such charge and order shall be filed with the city clerk, who shall forthwith make a copy thereof and deliver the same, together with the original charge and order to the chief of police or assistant chief of police, who shall at once serve such copies on the accused by delivering the same to him, or by leaving them at his usual place of abode, and shall return the original charges and order to the clerk with his return in writing of the time, place and manner of such service endorsed thereon, and the officer so charged shall be suspended from office and after such service until duly acquitted of such charge, or otherwise ordered by the city council.  (Ord. 25, §3.)

Sec. 2-8.  Hearing on charges preferred; date fixed - Elective officers.

        Immediately upon the suspension of any elective officer the city council shall fix a time for hearing the cause, and the chief of police shall serve the officer so charged with a written notice of the time and place of hearing said charge, in the usual manner of serving summons as provided by the Statutes of the State of Missouri.  (Ord. 25, §5.)

Sec. 2-9.  Hearing on preferred charges; conduct of - Elective officers.

        On the day set for the hearing of the cause the city council shall meet and proceed according to such rules as they may adopt, to hear the evidence against and in favor of the accused, and they may adjourn from time to time as may be necessary until all the evidence shall have been taken.  The city council shall vote by ayes and noes upon the charges separately, and the question voted on shall be "is the accused guilty?"  If the council by a majority vote of all the members elected find the accused guilty on any charge or specification, such officer may by resolution be removed from office.  Upon the adoption of such resolution the office of the accused shall be vacant, and the council shall order a special election to fill such vacancy; provided, such vacancy shall occur more than six months before the next general election.  (Ord. 25, §5.)

Sec. 2-10.  Hearing on preferred charges; representation.

        On trial the accused shall be entitled to be heard in person and by attorney, and the city attorney, or person acting as such, shall attend the trial and prosecute on behalf of the city.  (Ord. 25, §8.)

Sec. 2-11.  Hearing on preferred charges; power to subpoen witnesses;  compel testimony Elective officers.

        Subpoenas for witnesses may be issued by the mayor or municipal judge, or person acting as such, and shall be served by the chief of police in the same manner as if issued from the mayor or municipal judge's court, and the city council shall have the same power to compel the attendance of witnesses, and to compel witnesses to testify as are conferred on magistrates by the general laws of the State of Missouri.  Any depositions may be taken and read in the same manner as in justice courts.  (Ord. 25, §7.)

Sec. 2-12.  Hearing on preferred charges; results of; record of - Elective officers.

        The proceedings of the council shall be entered at large upon the records of the city.  (Ord. 25, §6.)

Sec. 2-13.  Purchasing agent.

        (a)   Purchasing agent designated. The purchasing agent or agents within each City department shall be appointed by the mayor with the approval of the city council.  The purchasing agents, when authorized, shall procure for the City the bids for all supplies and contractual services needed by the City in accordance with the procedures prescribed by this section or required by law.  (Ord. 577, §1)

        (b)   Duties generally.  In addition to the purchasing authority conferred in the preceding subsection, and in addition to any other powers and duties conferred by this or other ordinance, the purchasing agent shall:

 (1)      Act to procure for the City the highest quality in supplies and contractual services at the least expense to the City;

 (2)      Prepare and adopt written specifications for all supplies and services;

 (3)      Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales;

 (4)      Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations, and by private businesses and organizations;

 (5)      Prescribe and maintain such forms necessary for the operation of the purchasing function;

(6)       Prepare, adopt and maintain a vendors’ catalog file.  Said catalog shall be filed according to materials and shall contain descriptions of vendors’ commodities, prices and discounts;

 (7)      Exploit the possibilities of buying “in bulk” so as to take full advantage of discounts;

 (8)      Act so as to procure for the City all federal and state tax exemptions to which it is entitled;

 (9)      Have the authority to declare vendors who default on their quotations irresponsible bidders and to disqualify them from receiving any business from the municipality for a stated period of time;

 (10)    Inspect or supervise the inspection of all deliveries with regard to quantity, quality and conformance to specifications; and

 (11)    Pursue all appropriate claims against the supplier, shipper or carrier. 

(Ord. 577, §2)

        (c)   Requisitions and estimates.  Each City department or agency shall file with the purchasing agent detailed requisitions or estimates of their requirements in supplies and contractual services in such manner, at such times, and for such future periods as the purchasing agent shall prescribe.

 (1)      A City department or agency shall not be prevented from filing, in the same manner, with the purchasing agent at any time a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.

 (2)      The purchasing agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality or estimated cost.

(Ord. 577, §3)

        (d)   Conflict of interest.  No officer or employee of the City shall transact any business in his official capacity with any business entity of which he is an officer, agent or member or in which he owns a substantial interest; nor shall he make any personal investments in any enterprise that will create a substantial conflict between his private interest and the public interest; nor shall he or any form or business entity of which he is an officer, agent or member, or the owner of substantial interest, sell any goods or services in any business entity that is licensed by or regulated in any manner by the agency in which the officer or employee serves.  (Ord. 577, §4)

        (e)   Same; officers and employees not to deal with certain entities.  No officer or employee of this City shall enter into any private business transaction with any person or entity that has a matter pending or to be pending upon which the officer or employee is or will be called upon to render a decision or pass judgment.  If any officer or employee already is engaged in the business transaction at the time a matter arises, he shall be disqualified from rendering any decision or passing any judgment upon the same.  (Ord. 577, §5)

        (f)    Gifts and rebates.  The purchasing agent and every other officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the City.  (Ord. 577, §6)

        (g) Competitive bidding. When the City negotiates any purchase, sale or other contract, there shall be provided ample opportunity for competitive bidding in the following manner:

(1) The purchasing agent or department heads may contract for the purchase of any supplies, materials, equipment or services costing less than one thousand ($1,000.00) by making open market purchases from vendors with proven ability to furnish supplies, materials, equipment and services as the lowest and best price.

(2) If the consideration is for more than $1,000 but less than $10,000, the purchasing agent or department head shall solicit by telephone, written notice or otherwise at least three (3) bids, if three (3) independent vendors are available. The purchasing agent shall keep a record of all solicitations made under this section. The purchasing agent or department head may reject any or all bids, or may award the contract to the bidder that is, in the judgment of the purchasing agent or department head, the lowest and best, responsive and responsible bidder.

(3) If the consideration is for more than $10,000, but less than $25,000, three (3) written bids shall be solicited, if three (3) independent vendors are available. The purchasing agent shall keep a record of all solicitations made under this section. The mayor, after consulting with all affected departments, may reject any or all bids, or may award the contract to the bidder that is, in the judgment of the mayor, the lowest and best, responsive and responsible bidder.

(4) All supplies and contractual services estimated to cost in excess of $25,000 shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals. Whenever possible, at least three (3) bids shall be obtained from prospective, qualified vendors. The purchasing agent shall keep a record of all solicitations made under this section. The mayor, after consulting with all affected departments, may reject any or all bids, The mayor will recommend and the city council shall approve any contract with or purchase from the bidder that is the lowest and best, responsive and responsible bidder.

(5) Individual contracts, purchases or sales be they for goods, supplies, commodities or services shall not be excluded from the requirement of competitive bidding hereinabove described.

(6) Individual contracts or purchases shall not be subdivided for the purpose of evading the requirement of competitive bidding.

(7) In the event the required number of bids cannot be obtained, this fact shall be documented. Written approval of the mayor shall be obtained before completing the purchase.

(8) The purchasing agent may enter into contracts with sole source suppliers and governmental entities without following a competitive bidding process or a request for proposals process. “Sole source suppliers” are suppliers of supplies, materials, equipment or services which are unique or which are not available from more than one (1) competitive source in the normal course of business. The purchasing agent shall certify in writing that any purchase greater than $1,000 from a sole source supplier under this subsection meets the requirements of this subsection. The mayor shall approve all contacts and purchases from sole source supplies and governmental entities.

(9) The city may enter into contracts for professional and other services without following a competitive bidding process but by following a request for proposals process when factors such as prior experience, skills, education, local knowledge or unique knowledge are considerations in selecting the contractor. This subsection shall include but not be solely limited to contracts for auditing services for the annual fiscal audit, specialized technical services including legal and financial advisement, and to contracts for architectural, engineering and land surveying services. The purchasing agent shall certify in writing that each purchase or contract entered into under this subsection meets the requirements of this subsection. Whenever possible, at least three (3) responses to requests for proposals shall be obtained. The mayor shall recommend and the city council shall approve all contracts entered into and purchases made under this subsection.

(10) When suppliers, materials, equipment or services are of such a kind or nature that their acquisition may be facilitated and the offering better evaluated, a request for proposal may be solicited. The city council may authorize a request for proposals process instead of a bidding process whenever the purchase of supplies, materials, equipment or services may be facilitated by such a process. Whenever possible, at least three (3) responses to requests for proposals shall be obtained and interviews held with at least three (3) vendors. The mayor shall recommend and the city council shall approve all contracts entered into and purchases made under this subsection. (Ord. 577, §7; Ord. 728; Ord. 966)

        (h)   Notice defined.  The notice required by the preceding subsection shall consist of the following:

(1)       Notice inviting bids shall be published once in at least one official newspaper of the City at least five days preceding the last day set for the receipt of proposals.  The newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

 (2)      The purchasing agent also shall solicit sealed bids from all responsible prospective suppliers who have requested their names be added to a “Bidders’ list,” which the purchasing agent shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale.  In any case, invitations sent to the vendors on the bidders’ list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.

 (3)      The city clerk also shall advertise all pending purchase or sales by a notice posted on the public bulletin board in the City Hall.

 (4)      The city clerk also shall solicit sealed bids by direct mail request to prospective vendors and by telephone as may seem to be in the best interest of the City.

(Ord. 577, §8)

        (i)    Bid opening procedure.  Bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the envelope.  They shall be opened in public at the time and place stated in the public notices.  A tabulation of all bids received shall be posted for public inspection and a tabulation report forwarded to the mayor.  (Ord. 577, §9)

        (j)    Lowest responsible bidder.  The City reserves the right to reject any or all bids.  Contracts shall be awarded to the lowest responsible bidder.  Bids shall not be accepted from, nor contract awarded to , a contractor who is in default on the payment of taxes, licenses or other moneys due the City.  In determining “lowest responsible bidder,” in addition to price, the following shall be considered:

 (1)      The ability, capacity and skill of the bidder to perform the contract or provide the service required;

 (2)      Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

(3)       The character, integrity, reputation, judgment, experience and efficiently of the bidder;

 (4)      The quality of performance of previous contracts or services;

 (5)      The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

 (6)      The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

 (7)      The quality, availability and adaptability of the supplies or contractual services to the particular use required;

 (8)      The ability of the bidder to provide future maintenance and service for the use of the subject to the contract; and

 (9)      The number and scope of conditions attached to the bid.

(Ord. 577, §10)

        (k)   Justification of award.  When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be documented in the file.  (Ord. 577, §11)

        (l)    Tie bids.  If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. 

 (1)      Where there is no local low bidder, the award shall be made on the basis of a drawing of lots, to be held in public.

(Ord. 577, §12)

        (m)    Open market procedures.  All purchases of supplies and contractual services, and all sales of personal property that has become obsolete and unusable for which competitive bidding is not required by subsection (h) of this section shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by subsection (j) for the sward of formal contracts.

 (1)      All open market purchases shall, whenever possible, be based on at least three competitive bids, and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in subsection (k).

 (2)      The City shall solicit bids by:

            (i)        Direct mail request to prospective vendors,

            (ii)       By telephone, and

            (iii)      By public notice posted on the bulletin board of the City Hall.

 (3)      The purchasing agent shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall be open to public inspection.

(Ord. 577, §13)

        (n)   Emergency purchases.  In case of an apparent emergency that requires immediate purchase of supplies or contractual services, the purchasing agent may authorize the purchase, at the lowest obtainable price, of any supplies or contractual services not in excess of $1,000.00.  A full explanation of the circumstances of an emergency purchase shall be documented in the file.  (Ord. 577, §14)

        (o)   Cooperative procurement.  The purchasing agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the City would be served and after approval of the mayor.  (Ord. 577, §15)

        (p)       Local bidder preference

                    (1)       City bidder preference. A "city- bidder" is one that regularly provides the purchased goods or services and has a business office in the city ofSt. James. For projects or purchases that are funded entirely from revenues of the city, if an evaluation of the bids indicates that the lowest and best bid has been submitted by a non-city bidder, then the following city-bidder preference analysis shall be conducted.

                                (a)   Amount of preference. City bidders shall have a 2% preference based upon the non-city lowest and best bid, but the preference shall not exceed $5,000.

                                (b)   Analysis.

                                        1.     The amount of preference determined in division (p) (1) (a) above (amount of preference) shall be added to the amount of the non-city lowest and best bid the sum of which shall become the "preference guideline."

                                        2.     If any bid submitted by a city-bidder is equal to, or lower than, the preference guideline, then the lowest bid submitted by a city-bidder shall be reviewed to determine whether it is the lowest and best bid. If it is not the lowest and best bid, then the next city-bid, which is equal to or lower than the preference guideline, shall be reviewed, and the process shall be continued until either a city-bid has been selected as the lowest and best bid, or all city- bids equal to or lower than the preference guideline have been eliminated.

                    (2)       County bidder preference. A "county-bidder" is one that regularly provides the purchased goods or services and has a business office inPhelpsCounty. If a city-bidder has not been selected, and if the lowest and best bid has been submitted by a non-county-bidder, then the preference analysis shall be conducted by giving the same amount of preference to county bidders. The process shall be continued until either a county-bidder's bid has been selected as the lowest and best bid, or all county-bidders submitting bids equal to or lower than the preference guideline have been eliminated.

                    (3)       Meramec Regional Planning Commission (M.R.P.C.) area preference. A "MRPC-area-bidder" is one that has a business office in the MRPC area. If neither a city-bidder nor a county-bidder has been selected, and if the lowest and best bid has been submitted by a non-MRPC-area-bidder, then the preference analysis shall be conducted giving the same amount of preference to MRPC-area-bidders. The process shall be continued until either a MRPC-area-bidder's bid has been selected as the lowest and best bid, or all bids submitted by MRPC- area-bidders            equal to or lower than the preference guideline have been eliminated.

                    (4)       State bidder preference. A "state-bidder" is one that has a business office in the State ofMissouri. If there has been no selection of a city-bidder, a county-bidder or a MRPC-area bidder, and if the lowest and best bid has been submitted by a non-state-bidder, then the preference analysis shall be conducted by giving the same amount of preference to state bidders.  The process shall be continued until either a state-bidder's bid has been selected as the lowest and best bid, or all bids submitted by state-bidders equal to or lower than the preference guideline have been eliminated.

                    (5)       United States preference. A "United States-bidder" is one in which has a business office in theUnited States. If there has been no selection of a city-bidder, a county-bidder, a MRPC-area-bidder or a state-bidder, and if the lowest and best bid has been submitted by a non-United States-bidder, then the preference analysis shall be conducted by giving the same amount of preference to United States-bidders. The process shall be continued until either a United States bidder's bid has been selected as the lowest and best bid, or all bids submitted by United States bidders equal to or lower than the preference guideline have been eliminated.  (Ord. 705)

Secs. 2-14 to 2-15.  Reserved.

ARTICLE II

CITY COUNCIL

Sec. 2-16.  Qualifications for councilman.

      No person shall be councilman unless he is at least twenty-one years of age prior to taking office, a citizen of the United States, and an inhabitant of the City for one year next preceding his election, and a resident of the ward from which he is elected six months next preceding his election. RSMo 77.060. (Ord. 685)

 

Sec. 2-17.  City council to determine election in case of tie vote.

      Whenever there is a tie in the election of a councilman, the matter shall be determined by the council. RSMo 77.060. (Ord. 685)

 

Sec. 2-18.  Oath of office.

      The city clerk shall, at a regular meeting held on the second Monday of April of each year, proceed to swear in any new councilmen elected at the most recent election. (Ord. 11, §3; Ord. 1020; Ord. 1027; Ord. 1054)

 

Sec. 2-19.  Regular meetings.

      (a)   The city council shall meet in regular session on the second Monday in each month, at the hour of seven o'clock PM, at the St. James Municipal Center, or some other convenient place in the city.  (Ord. 11, §5; Ord. 1041, §1)

      (b)  The city council may hold adjourned meetings at any time, which shall be to all intents and purposes a continuation of the meetings of which they are adjournments, and the same proceedings may be held at such adjourned meetings as at the meetings of which they are adjournments.  (Ord. 11, §6; Ord. 1041, §1)

 

Sec. 2-20.  Special meetings.

      The mayor may call the council to meet in special meetings when in his judgment it is proper and necessary, at which meetings no other business shall be transacted other than that mentioned in the call, unless two-thirds of the council consent to the transaction of other business.  (Ord. 13, §2.)

 

Sec. 2-21.  Presiding officer; president pro-tempore.

      The city council of the City of St. James shall be composed of eight councilmen, and shall be presided over by the mayor; in case of his absence, by the acting president of the council.  (Ord. 11, §2. - Amended by Ord. 366 providing for four wards)

 

Sec. 2-22.  Journal of proceedings.

      It shall be the duty of the city clerk to keep a true and correct journal of the proceedings of the city council in a bound book to be procured and kept for that purpose labeled "Journal of the City of St. James."  (Ord. 17, §1.)

 

Sec. 2-23.  Order of business.

      At the regular meetings of the council at the hour fixed for meetings, should a quorum be present, the council shall proceed unless otherwise ordered, with the regular order of business, which shall be:

      (1)  Public comment.

      (2)  Review and approval of past meeting minutes.

      (3)  Review and approval of payment of bills.

      (4)  Old business.

      (5)  New business.

      (6)  Reports of staff, committees, commissions, boards and mayor. 

(Ord. 11, §; Ord. 1020)

 

Sec. 2-24.  Quorum - Generally.

      A quorum for the transaction of business shall consist of a majority of all the members of the city council.  (Ord. 11, §1.)

 

Sec. 2-25.  Rules of order; authority.

      The council in its deliberations shall be governed by the rules governing legislative bodies of like character and general use.  (Ord. 11, §1.)

 

Sec. 2-26.  Rules of order suspension.

      The council may temporarily for passage of ordinances or transaction of other business, by a vote of two-thirds of the members present, suspend any of the rules and regulations governing in the transaction of business, provided the action taken under such suspension be not in conflict with the Statutes of the State of Missouri concerning cities of the Third Class.  (Ord. 11, §1.)

 

Sec. 2-27.  Committees of the city council.

      Standing and Special Committees - The mayor shall designate standing and special committees and appoint representatives to these committees as necessary. These committees will include:

      (1)  Transportation Sales Tax Advisory Committee: This committee will include one representative from each ward of the City to be appointed by the mayor. The committee will also include a council member as assigned by the mayor. The TST Advisory Committee will meet annually to review the transportation sales tax collected and will work with staff to present an annual recommendation to the city council for expenditures of these funds.
(Ord. 11, §4; Ord. 1020)

 

Sec. 2-28.  Manner of passing ordinances.

        (a)   Reading of bills - Every proposed ordinance shall be introduced to the council in writing and shall be read by title or in full two times prior to passage, both readings may occur at a single meeting of the council. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the council.  (Ord. 11, §1; Ord. 686)

        (b)   Form of ordinances - In addition to the requirements of the Statutes of the State of Missouri concerning cities of the Third Class, each ordinance shall be numbered in the order in which it was adopted, and shall state in the title its general nature and object, and shall be signed by the mayor, or acting mayor in his absence, (or if passed by the city council over the veto of the mayor, have that fact indicated upon it) and attested by  the city clerk, and shall be recorded in a book to be called "Record of Ordinances".  (1977 Code)

        (c)   Publication of ordinances - The city council may cause its ordinances to be published and distributed when it deems same to be necessary, and in such manner and at such time as it shall deem necessary, either in a newspaper or in pamphlet form.  Provided, that nothing in this Section is essential to the validity of any ordinance, but the publicity of all ordinances is discretionary with the city council.  (Ord. 66, §2.)

Sec. 2-29.  Council may compel absent members to attend.

        At any meeting, upon the request of any two members, the city clerk shall immediately call the names of the members in alphabetic order, and note the names of those absent, and unless said absent member be excused by the members present, the chief of police shall proceed, at the direction of the presiding officer,  to bring the absent members before the council at once, and the chief of police shall report his action on such order to the council, and thereupon the council shall hear and determine the cause of such absentee, as reported in the presence of the member thus brought before them, and decide whether his absence shall be excused.  If he be not excused, the council shall inflict such penalty as may seem proper, not to exceed a fine of one dollar; and until the fine thus imposed be paid, the member fined shall be considered to be in contempt, and shall exercise none of the privileges and duties of a member of the council.  (Ord. 11, §8.)

Sec. 2-30.  Councilmen to serve out their terms - Redistricting.

        When any new Ward shall be created or set off, and such new Ward should include the residence of any member of the city council whose term of office shall not, at the time of the formation of such new Ward have expired, the office of such member shall not be considered vacant, but he shall be entitled to serve as councilman for the remainder of the term for which he was elected.  (Ord. 345, §12.)

Secs. 2-31 to 2-33.  Reserved.

ARTICLE III

ELECTIVE OFFICERS

DIVISION 1.  MAYOR

Sec. 2-34.  Qualifications for mayor.

        No person shall be mayor unless he is at least thirty years of age prior to taking office, a citizen of theUnited States, and a resident of such city at the time of and for two years next preceding his election. RSMo 77.230.  (Ord. 685)

Sec. 2-35.  City council to determine election in case of tie vote.

        When two or more persons shall have an equal number of votes for the office of mayor, the matter shall be determined by the council.  RSMo 77.230.  (Ord. 685)

Sec. 2-36.  Compensation.

        The mayor and each member of the council shall receive a compensation of $25.00 for every regular meeting of the Board in which they were in attendance; said compensation payable annually.  (Ord. 387)  (See also Secs. 2-142, 2-143.)

Sec. 2-37.  Vacancy.

        (a)   When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or from any other cause whatever, the council shall by vote of a majority of all members present, at any meeting of the council, appoint one of their members Acting President of the city council, who shall for the time being perform the duties of mayor, with all the rights, privileges, powers and jurisdiction of the mayor until such vacancy be filled, or such disability be removed, or in case of temporary absence, until the mayor returns.  (Ord. 11, §9.)

        (b)   In case of suspension of the mayor as herein provided, the president of the city council shall be vested with the power and duties of mayor until the disability of said mayor be removed.  (Ord. 25, §4.)  (See section 2-5 et seq.)

Sec. 2-38.          Duties - Generally; signing of commissions, bonds, drafts, etc.

        (a) The mayor shall be president of the council and shall preside over same, but shall not vote except in case of a tie in said council, when he shall cast the deciding vote; but provided however, that he shall have no power to vote in cases when he is an interested party. He shall have the superintending control of all offices and affairs of the city, and shall take care that the ordinances of the city and the state laws relating to such city are complied with. (RSMO 77.250)  (Ord. 13, §1; Ord. 1020; Ord. 1021) 4

        (b) The mayor shall preside at all meetings of the council, sign all ordinances warrants, resolutions, obligations of indebtedness and all other official documents, required by law, and cause the city clerk to attest the same, and to place the Seal of the city thereon before they shall become effective; he shall make all appointments, as elsewhere by ordinance provided for, and in case of vacancy he shall fill such vacancy by appointment, said appointee to service until council meets and appoints some suitable person to fill such vacancy, who shall be under the same obligations, discharge the same duties, and receive the same pay as though he had been regularly appointed.  (Ord. 13, §3; Ord. 1020; Ord. 1021)

        (c) The mayor shall have power to sign or veto any ordinance passed by the city council, and shall also possess the power to approve all or any portion of the general appropriation bill, or to veto any item or all of the same; provided, that should he neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become a law without his signature. (Ord. 1020; Ord. 1021) 5

        (d) The mayor shall also have the power to veto any resolution or order of the council which calls for or contemplates the expenditure of the revenues of the city. Such vetoes shall be noted on the journal of the council, and shall be effective and binding unless the council, at a subsequent session thereof, general or special, shall pass said resolution or order by a vote of three-fourths of all the members elected to the council. (Ord. 1020; Ord. 1021) 6

        (e) The mayor shall, from time to time, communicate to the council such measures as may, in his opinion, tend to the improvement of the finances, the police, health, security, ornament, comfort and general prosperity of the city. (Ord. 1020; Ord. 1021) 7

 

Sec. 2-39.  Power to remit fines; grant reprieves, pardons.

And provided further that by resolution in writing containing the name of the person charged with any violation of the ordinance of the city, the nature and character of the offense, the date of the trial or the plea of guilty, and the judgment of the municipal judge and fine and costs, being duly passed by a vote of a majority of the city council at a regular or an adjourned or called meeting thereof, said city council may by passage of such resolution authorize, empower and direct the mayor to modify any such judgment of the municipal judge or remit any fine or part thereof as stated by and contained in the provisions of such resolution.  (Ord. 20, §1.)

Secs. 2-40 to 2-44.  Reserved.

STATE LAW REFERENCE:
4.      RSMO 77.250.
5.      RSMo. 77.270
6.      RSMo. 77.280
7.      RSMo. 77.290

 

 

ARTICLE III

ELECTIVE OFFICERS

DIVISION 2.  CITY COLLECTOR

Sec. 2-45.  Compensation.

        (Ord. 368, §2.)  (Repealed by Ord. 629)

Sec. 2-46.  Bond.

        (Ord. 15, §12.)  (Repealed by Ord.629)  

Sec. 2-47.  Duties.

        (a) The city collector shall collect all taxes due the city on real estate and all city licenses of all kinds, dog tax or license when levied by the council. The city collector shall prepare and submit a certified report to the city council at its regular monthly meeting, setting forth all collections made in the preceding month. The report shall specify the source of all collections. The city collector shall further prepare and present to the city council at its regular meeting in the month of April of each year, a certified report of all collections made during the preceding twelve months. Any person terminating their position as city collector shall also make a certified report of their collections for all months since their previous annual report.   (Ord. 15, §1; Ord. 629)

        (b)   The person so appointed shall perform such other duties as an employee of the city as directed by the mayor or city clerk. (Ord. 15, §2; Ord. 368, §2; Ord. 629)

Sec. 2-48.  Non-residents to be furnished a statement of taxes.

        It shall be the duty of the collector to furnish all non-resident taxpayers with a statement of the amount of taxes assessed against any tract of land in this city for any year for which he is collector, and send the same by mail to the address of any person applying to him by letter for the same, and whenever any funds are remitted to the collector for the payment of any taxes appearing on the tax books to be due, it shall be his duty to receive the same and send a receipt therefore by mail to the person remitting such funds; provided, that he may charge all sums that he may have to pay for postage in the case as costs against the persons applying or remitting to him, but no other costs.  (Ord. 15, §6.)

Sec. 2-49.  Seizure and sale of property.

        (a)       That the tax books shall be an execution in the hands of the city collector from the date of their delivery to him, and the taxes shall be a lien upon the property against which they are levied thereon. (Ord. 15, §3; Ord. 629)

        (b)       The enforcement of the sale of property shall be made in such manner and under such rules as are provided by the Statutes of the State ofMissouripertaining to cities of the Third Class.  (Ord. 15, §4 & §5; Ord. 629; Ord. 735)

Sec. 2-50.  Penalty for failure to pay taxes.

                That there shall be and there is hereby levied a penalty by way of interest and late charges on all taxes remaining unpaid after the first day of January of each year. A penalty of two percent per month, not to exceed 18% per year, shall be charged in addition to the amount of tax delinquent on each tract of land. All parts of a month shall be computed as a month. In addition a late charge of five dollars ($5.00) on each tract of land shall be paid to the collector for the use of the city. (140.100, 140.665 RSMo)  (Ord. 15, §8; Ord. 629; Ord. 735)

Sec. 2-51.  Collector to give receipt.

        Whenever any person shall pay any taxes, the collector shall immediately enter such payment on the tax book together with the date of payment and the name of the person by whom, and for whom paid, the amount for what year paid, and shall give to the person paying such taxes a receipt specifying the name of the person by whom and for whom paid, date, amount, for what year paid, and the property and assessed value thereof described in the tax book.  The collector may receive taxes on part of any lot or tract of land charged with taxes; provided, that the person paying such taxes shall furnish a particular description of said part which shall be entered on the tax book in red ink, and if the payment is made on an undivided share of real estate, he shall also enter the name of the owners of such shares, and of the share or shares unpaid.  (Ord. 15, §7)

Sec. 2-52.  Deposit of collections.

        All collections made of any type, shall be deposited daily to the depository bank designated by the city council for the city treasury.  Receipts shall be obtained for such deposits in duplicate, one copy to be retained as a permanent record of the city collector and one delivered to the city treasurer.  (Ord. 368, §7)

Sec. 2-53.  Delinquent taxes, suits, how brought.

        Upon the first day of January of each year all unpaid city taxes shall become delinquent, and the taxes on real property are hereby made a lien thereon.  The enforcement of the payment of taxes that are delinquent shall be made in such manner and under such rules as are provided by the Statutes of the State of Missouri pertaining to cities of the Third Class and where it is necessary to sue for the collection of delinquent taxes, such suits shall be brought in the name of the City of St. James, at the relation and to the use of the city collector.  (Ord. 38, §2)

Sec. 2-54.  Collector to return list of delinquent taxes.

        (a)   That the collector shall, annually on the first Monday of April, or at the first regular or adjourned meeting of the council thereafter, make out under oath, and return to the city council a list of the delinquent taxes remaining due and uncollected on the tax books in his hands, to be known as the delinquent list of the city, together with the interest and penalty, and shall certify the same as follows:

        "I, ________________________Collector of the City of St. James for the year_______ , hereby certify that the foregoing is a true and correct list of the delinquent taxes for the City of St. James remaining due and uncollected on this day for the year _______, and that I have been unable to collect the same, and have made the demand and have given the notice in each case as required by ordinance of said city.

        ____________________________, Collector.

        Sworn and subscribed to before me this _____day of  _____________

________________________________.

        And in default of such report he shall be responsible on his bond for taxes, interest and penalties remaining due and uncollected.  (Ord. 15, §9.)

        (b)   That at the regular meeting of the city council on the first Monday of April, and if no such meeting shall be held, then at the first meeting thereof after the first Monday of April, the city council shall examine the delinquent list returned by the collector, and the amount of such delinquent list or so much thereof as shall be found properly returned delinquent shall be allowed him as a credit on his settlement for and on account of taxes, but before allowing such credit the city council shall make special inquiry and be satisfied that he has used due diligence to collect the same.  (Ord. 15, §10)

Sec. 2-55.  Collector to make settlement.

        The collector shall also make settlement with the city council whenever required by them to do so.  (Ord. 15, §11)

Sec. 2-56.  Deputy collector - Office created.

        (Ord. 368, §3 & 5) (Repealed by Ord. 629)

Sec. 2-57.  Deputy collector - Bond.

        (Ord. 368, §3)  (Repealed by Ord. 629)

Sec. 2-58.  Deputy collector - Duties.

        (Ord. 368, §§ 4 & 6)  (Repealed by Ord. 629)

Secs. 2-59 to 2-63.  Reserved.

ARTICLE III

ELECTIVE OFFICERS

DIVISION 3.  MUNICIPAL JUDGE

Sec. 2-64.  Election.

        At the municipal election to be heldApril 3, 1979, and every two (2) years thereafter, a municipal judge shall be elected.  (Ord. 406, §1.1.)

Sec. 2-65.  Qualifications. RSMo 479.020

        The municipal judge shall possess the following qualifications before he/she shall take office:

        (a)   He/she must be a licensed attorney qualified to practice law within the State ofMissouri.

        (b)   He/she must be a resident of the State ofMissouri.

        (c)   He/she must be between the ages of 21 and 73 years.

        (d)   He/she may serve as municipal judge for other municipalities.

        (e)   He/she may not hold any other office within the government of the City ofSt. James.

        (f)    The municipal judge shall be considered holding a part-time position, and as such, may accept other employment within the

                 requirements of the Code of Judicial Conduct Missouri Supreme Court Rule 2.

        (g)   He/she need not be a resident of the municipality or of the circuit in which he/she serves.

  (Ord. 406, §1.2 & §1.3; Ord. 687)

Sec. 2-66.  Compensation.

        Salary of the municipal judge shall be four hundred and twenty ($420.00) dollars per month, and shall commence upon certification set in Section 2-65.  (Ord. 406, §1.4; Ord. 707)

Sec. 2-67.  Absence of judge, procedure - Vacancy. RSMo 479.230

        If a municipal judge be absent, sick or disqualified from acting, the mayor or chairman of the board of trustees may request the presiding judge of the circuit court to designate any other municipal judge within the circuit to act as a special municipal judge.  (Ord. 13, §4; Ord. 20, §1; Ord. 687)

Sec. 2-68.  Duties.

        The municipal judge shall have the following duties: RSMo 479.070

(a)       He/she shall be a conservator of the peace.

(b)       He/she shall keep a docket in which he/she shall enter every case commenced before him and the proceeding therein.

(c)       He/she shall keep such other records as required.

(d)       Such docket and records shall be records of the circuit court.

(e)       He/she shall deliver said docket and records and all books and papers pertaining to his office to his successor in office or to the presiding judge of the circuit.

(f)        He/she shall have the power to administer oaths.

(g)       He/she shall enforce due obedience to all orders, rules and judgments made by him.

(h)       He/she may fine or imprison for contempt committed before such judge while holding court, in the same manner and to the same extent as a circuit judge.

  (Ord. 406, §1.5; Ord. 687)

Sec. 2-69.  City to provide courtroom.

        The municipal courtroom shall be in city hall.  (Ord. 406, §2.3.)

Sec. 2-70.  Municipal court sessions.

        (a)   The term of municipal court shall commence upon the first working day of each month, at which time the docket of cases pending shall be presented and hearings scheduled thereon.  (Ord. 406, §2.1.)

        (b)   Hearings upon causes presented shall be held expeditiously and court shall be so scheduled, with day and/or evening sessions upon request of parties to causes before the court at the discretion of the municipal judge.  (Ord. 406, §2.2.)

Sec. 2-71.  Superintending authority. RSMo 479.020 #5

        The municipal court of the City shall be subject to the rules of the Circuit Court of which it is a part, and to the rules of the State Supreme Court. The municipal court shall be subject to the general administrative authority of the presiding judge of the circuit court.  (Ord. 687)

Sec. 2-72.  Vacation of office. RSMo 479.020 #'s 7 & 8

        The municipal judge shall vacate his/her office under the following circumstances:

        (a)   Upon removal from office by the State Commission on Retirement and Discipline of Judges, as provided in Missouri Supreme Court Rule 12.

        (b)   Upon attaining his/her 75th birthday.  (Ord. 687)

Secs. 2-73 to 2-86.  Reserved.

ARTICLE IV

APPOINTIVE OFFICERS

DIVISION 1.  CITY ATTORNEY

Sec. 2-87.  Qualifications.

        No person shall be eligible to the office of city attorney who shall not have been a licensed attorney at least one year prior to his appointment.  (Ord. 18, §1.)

Sec. 2-88.  Compensation.

        The city attorney shall receive a salary of $275.00 (two hundred seventy five dollars) per month, payable monthly for services faithfully performed.  (Ord. 367, §3; Ord. 627)  (See Sections 2-142, 2-143.)

Sec. 2-89.  Vacancy.

        If at any time the city attorney shall from any cause be unable to attend to any business pertaining to his office, the mayor shall appoint some competent attorney to attend to such business, who shall receive for his services the same compensation as the city attorney would receive for similar services should he personally attend to the same.  (Ord. 18, §8.)

Sec. 2-90.  Duties.

        (a)   It shall be the duty of the city attorney to prosecute or defend all suits in any court of record to which the city may be a party.  (Ord. 18, §2.)

        (b)   He shall advise the city council or any city officer on such legal questions as may arise in relation to the business of the city, and he shall furnish written opinions on legal questions when the same may be required of him by the city council.  He shall draw up any ordinance, resolution or order when required so to do by the council.  (Ord. 18, §3.)

        (c)   He shall attend to all suits before the mayor, municipal judge, or any magistrate to which the city may be a party, and shall defend before such officers all actions brought against any officer, agent or other servant of the city which may arise from his or their official acts.  (Ord. 18, §4)

        (d)   He shall prepare all charges or complaints against any party or parties charged with violation of any ordinances of the city, and shall prosecute the same on behalf of the city.  (Ord. 18, §5)

        (e)   He shall make affidavits on behalf of the city in all cases where the same may be necessary in procuring change of venue or taking appeal.  (Ord. 18, §6.)

        (f)    He shall report to the city council in writing the condition of all suits pending in any court at the first regular meeting of the council after adjournment of said court.  (Ord. 18, §7.)

        (g)   The city attorney shall perform such other duties as may be required of him by the mayor or city council.  (Ord. 18, §10)

Sec. 2-91.  Attorney - Report.

        At the last regular meeting of the city council before he goes out of office the city attorney shall make a report to the city council containing a statement of all cases pending and the condition thereof, and also a brief statement of all judgments obtained and not satisfied for and against the city in civil cases, a minute of which judgment shall be entered upon the records, and which shall be left on file for the benefit and information of his successor.  (Ord. 13, §9.)

Sec. 2-92.  City counselor - Appointment.

        The board of aldermen shall appoint a city counselor who shall draft all ordinances and contracts and all legal forms of every kind, and give legal advice to the board of aldermen and other officers of the city, and perform such other duties as shall be prescribed by ordinance or shall be ordered by the council or the mayor.  (Ord. 416, §1.)

Sec. 2-93.  City counselor - Duties.

        If the city attorney be absent, sick or disqualified from acting, or if the office of city attorney be vacant, the city counselor shall perform the duties of city attorney until such absence or disqualification shall cease, or until the office of the city attorney shall be filled by a competent, eligible person of the city, as appointed by the mayor.  (Ord. 416, §2.)

Sec. 2-94.  City counselor - Compensation.

        The compensation for the city counselor shall be such amount as may from time to time be set by ordinance by the board of aldermen.  (Ord. 416, §3.)

Secs. 2-95 to 2-99.  Reserved.

ARTICLE IV

APPOINTIVE OFFICERS

DIVISION 2.  CITY CLERK

Sec. 2-100.  Vacancy.

        In case of absence of the city clerk, the city council may appoint a clerk pro-tempore, who shall possess the same qualifications as and shall have and exercise all the powers and duties of the city clerk, and shall receive the same compensation therefore as the city clerk.  (Ord. 17, §2)

Sec. 2-101.  Duties.

        He shall attend all meetings of the council at the hour appointed for meetings, and unless otherwise directed shall immediately, upon the council being called to order proceed to read from the Journal the proceedings of the last meeting, and when the same shall have been approved shall attest and index the same.  He shall prepare and attest all warrants that may be ordered issued by the council and present them to the mayor for his signature.  He shall attest all other official acts of the council when by law or ordinance he shall be required to do so.  He shall enroll all ordinances passed by the council, and shall attest and Seal the same.  Shall issue and sign all license that may be by ordinance required.  As soon as the city council shall have established the rate of taxes for the year he shall make out a City Tax Book, and extend thereon from the certified abstract of the city assessor's book of all property within such city made taxable by law, and upon which the taxes for the year have been established by ordinance, the amount of taxes due from each lot or tract of land, each corporation, each firm, and individual, both real and personal, and shall extend opposite thereto in proper columns the amount of taxes levied by the city council, which, when completed, he shall certify to be correct, and shall deliver the same to the collector upon his giving duplicate receipts therefore, and for the amount of taxes therein represented as due, one of which receipts shall be recorded in the records of the city and filed in his office, and the other he shall deliver to the treasurer.  He shall also perform such other duties as the council may from time to time require of him.  He shall receive for his services such fees and allowances as the council may fix and allow.  (Ord. 17, §1)

Sec. 2-102.  Preparation of tax books.

        When the city council shall have fixed the rate of taxation for any given year, the city clerk shall make out appropriate and accurate tax books, and shall therein set out in suitable columns opposite the name of each person and the item of taxable property as returned by the assessor and Board of Equalization the amount of taxes, whether general or special, due thereon, and shall charge the collector with the full amount of taxes levied.  (Ord. 38, §4)  (See also Section 2-101.)

Sec. 2-103.  Official records.

        The clerk shall not permit any record or document in his charge to be removed from his office except by some officer entitled to the use thereof, or for the inspection of the city council, or upon the written order of the mayor.  (Ord. 17, §3)

Secs. 2-104 to 2-108.  Reserved.

ARTICLE IV

APPOINTIVE OFFICERS

DIVISION 3.  CITY ASSESSOR

Sec. 2-109.  Compensation.

        The office of assessor for the city shall pay one ($1.00) dollar per year, payable annually.  (Ord. 367, §7.)  (See Sections 2-142, 2-143.)

Secs. 2-110 to 2-114.  Reserved.

ARTICLE IV

APPOINTIVE OFFICERS

DIVISION 4.  CITY TREASURER

Sec. 2-115.  Bond.

         (Ord. 16, §7.) (Repealed by Ord. 881)

Sec. 2-116.  Duties.

        (a)   It shall be the duty of the city treasurer to receive and receipt for all books pertaining to his office, and them safely keep, to receive and receipt for, in duplicate, all moneys belonging to the city, and charge himself therewith in a book kept for that purpose, and designate on said receipt and in his book the funds to which said money belongs, one of which receipts he shall deliver to the person paying the money, and the other to the clerk.  He shall pay out money only upon warrants, or orders signed by the mayor and attested by the city clerk, out of the funds designated by said warrants or orders, and not otherwise.  He shall, when any order shall be paid, note the same in his books with the date of payment, to whom paid, and the amount of interest if any.  (Ord. 16, §1.)

        (b)   The treasurer shall, unless otherwise directed, pay warrants in the order in which they are presented, and note the fact and date of presentation thereon.  (Ord. 16, §3)

        (c)   The treasurer shall file all warrants paid by him, and shall, in his settlement with the council, return the same to the council and receive credit for the amount of all warrants legally paid, and the same shall be entered at large on the Journal.  He shall when any bill is referred to him indorse upon it whether there is money in the treasury to pay the same, and return the bill at once to the president of the council.  (Ord. 16, §4)

        (d)   The treasurer shall perform such other duties as are usually performed by city treasurers, and not inconsistent with the Statutes of the State ofMissouriconcerning Cities of the Third Class.   (Ord. 16, §6.)

Sec. 2-117.  Settlement.

        The treasurer shall, on the first Monday in each month, and at such other times as the council may require, report the amount of money in the treasury, and to what accounts belonging.  (Ord. 16, §2.)

Sec. 2-118.  Turn over records to successor.

        It shall be the duty of the treasurer to have all of the moneys, books, papers, vouchers, and all other property of the city in his hands in proper condition to deliver the same to his successor in office, and as soon as his successor shall qualify as provided by ordinance, shall turn over the same to him, taking duplicate receipts therefore, one of which shall be filed in the office of the city clerk.  (Ord. 16, §5)

Sec. 2-119.  Disbursements by warrant only.

        No money shall be paid out by the treasurer except on a warrant drawn on him, which warrant shall be in the following form:

CITY WARRANT

$________________           City of St. James,Mo._________19____

        The Treasurer of the City ofSt. Jameswill pay to _______________

________ (dollars) out of any money in the Treasury not otherwise appropriated.  By Order of the City Council.

No.______________________      ___________________(Mayor)

________________(City Clerk)

        All warrants of the city may be assigned.  Such assignments shall be in the following form:

        For value received, I do hereby assign the within warrant, No._____, to___________, this _____day of ____19_____, and signed by the owner thereof and no blank endorsements shall transfer the right to the warrant nor authorize the holder to fill the same.  (Ord. 55, §1.)

Sec. 2-120.  Warrants payable only to payee.

        The treasurer shall not pay any city warrant to any other than the person in whose favor the same is drawn, or his executor, administrator, or the person to whom the same has been assigned in the manner above directed.  And any treasurer who shall violate the provisions of this Ordinance, shall be deemed guilty of a misdemeanor.  (Ord. 55, §2; 1977 Code)

Sec. 2-121.  Annual audit.

        The city treasurer shall cause the books of all services managed by the city council to be audited in the month of May of each year.

        The audit will show all moneys generated and all expenses incurred for the past year in each service's accounts.

        The audit will show maintenance costs, capital improvements, cash on hand, and all other items that meet accepted auditing standards of each account managed by the city council.  (Ord. 370)

Secs. 2-122 to 2-126.  Reserved.

ARTICLE IV

APPOINTIVE OFFICERS

DIVISION 5.  SUPERINTENDENT

OF PUBLIC WORKS

Sec. 2-127.  Appointment; term.

(Ord. 293, §1; Repealed by Ord. 1020)

Sec. 2-128.  Qualifications.

(Ord. 293, §2; Repealed by Ord. 1020)

Sec. 2-129.  Duties.

(Ord. 293, §3; Repealed by Ord. 1020)

 Sec. 2-130.  Administrator of the Identity Theft Prevention Program.

(Ord. 932; Repealed by Ord. 1020)

Sec. 2-131.  Identity Theft Prevention Program.

(Ord. 939; Repealed by Ord. 1020)


ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 6.  CITY ADMINISTRATOR

 

Sec. 2-132.      Duties.

There is hereby created and established the office of city administrator for the City of St. James, Missouri

Sec. 2-132.1.   Appointment and tenure.

A qualified person shall be appointed city administrator for the City of St. James, Missouri by the mayor; such appointment shall be approved by a majority of the full city council. The person so appointed shall serve for an indefinite period of time.

Sec. 2-132.2    Qualifications.

The person appointed to the office of city administrator shall be at least twenty-five (25) years of age and shall be a resident of Phelps County, and reside in or within five miles of the city limits of the City of St. James, Missouri at the time of the effective date of such appointment; and shall be a graduate of an accredited university or college, majoring in public or municipal administration or shall have the equivalent qualifications and experience in financial, administrative and/or public relations fields. (Ord. 1020; Amended by Ord. 1024)

Sec. 2-132.3.   Bond.

The city administrator, before entering upon the duties of his office, shall file with the city a bond in the amount of fifty thousand dollars ($50,000.00); such bond shall be approved by the city council and such bond shall insure the City of St. James for the faithful and honest performance of the duties of the City of St. James and for rendering a full and proper account of the city administrator for funds and property which shall come into the possession or control of the city administrator. The cost of such bond shall be paid by the City of St. James; however, should the city administrator be covered by a blanket bond to the same extent, such individual bond shall not be required.

Sec. 2-132.4.   Compensation.

The city administrator shall receive such compensation as may be determined from time to time by the city council and such compensation shall be payable biweekly.

Sec. 2-132.5.   Removal of city administrator.

The city administrator shall serve at the pleasure of the appointing authority. The mayor, with the consent of a majority of the full city council, may remove the city administrator from office at will, and such city administrator may also be removed by a majority vote of the full city council independently of the mayor’s approval or disapproval. If requested, the mayor and city council shall grant the city administrator a public hearing within thirty (30) days following notice of such removal. During the interim, the mayor, with the approval of a majority of the full city council, or by a majority vote of the full city council without the mayor’s approval, may suspend the city administrator from duty, but shall continue his salary and, if after the hearing, removal becomes final, shall pay his salary for two (2) calendar months following the removal date, provided however, that if the city administrator shall be removed for acts of dishonesty or acts of moral turpitude, such salary shall not be continued.

Sec. 2-132.6.   Duties.

        (a)   Administrative:  Chief administrative assistant to the mayor and as such shall be the administrative officer of the city government. Except as otherwise specified by ordinance or the law of the State of Missouri, the city administrator shall coordinate and generally supervise the operation of all departments of the City of St. James.

        (b)   Purchasing officer:  Responsible for ensuring that all purchases are made in accordance with purchasing rules and procedures approved by the city council.

        (c)   Budget officer:  Serve as budget officer of the City of St. James and shall assemble estimates of the financial needs and resources of the City for each ensuing year and shall prepare a program of activities within the financial power of the city, embodying in it a budget document with proper supporting schedules and an analysis to be proposed to the mayor and city council for their final approval. This will include working with the Parks and Recreation Board, the Municipal Utilities board and other boards and commissions as necessary to prepare a budget for various city departments for presentation to the City Council for their approval.

        (d)   Financial Reports:  Shall present regular reports to the mayor and city council relative to the financial condition of the City. The city administrator shall also ensure that regular reports are presented to the municipal utility board and the parks and recreation board for those budgets within these two boards’ responsibilities. All such reports shall show the financial condition of the City in relation to the budget. The city administrator shall cause the books of all monies of the City and all its departments to be audited annually following May 1. The audit will show all monies generated and all expenses incurred for the past year in each account and verify that the financial matters of the City meet accepted governmental auditing standards.

        (e)   Annual Report:  Shall prepare and present to the mayor and city council an annual report of the city’s affairs, including in such report a summary of reports of department heads and such other reports as the mayor and city council may require. This annual report will include all departments including Parks and Recreation and Municipal Utilities.

        (f)   Personnel Officer:  Responsible for ensuring that the personnel rules and regulations are followed by all departments, shall supervise and discipline all department heads and shall, except as otherwise specified by ordinance or the law of the State of Missouri, supervise, hire, fire and discipline all other city employees, all to the extent permitted by law.

        (g)   Policy Formulation:  Shall recommend to the mayor and city council adoption of measures which are deemed necessary for the health, safety or welfare of the citizens of the City of St. James, and shall recommend and institute administrative improvements and services.

        (h)   City Council Agenda:  Shall submit to the mayor and city council a proposed agenda before each regular council meeting and shall give notice of regular and special meetings.

        (i)   Boards and Committees:  Shall work with all city boards and committees; attend meetings of the board of public works and parks and recreation board and coordinate the work of each board with all city departments.

        (j)   City Council Meetings:  Shall attend all meetings of the city council, and shall review all contracts, leases, grants and other matters to be considered by the council.

        (k)   Bidding:  Shall supervise the preparation of all bid specifications for services and equipment; shall receive and open all bids in compliance with the city procurement policies and submit a recommendation for acceptance to the appropriate authority.

        (l)   State and Federal Aid Programs:  Shall coordinate and apply for federal and state grants and programs that may have application to the City of St. James.

        (m)   Conference Attendance:  Shall attend state and regional conferences and programs applicable to the administration and business of the City of St. James whenever such attendance is directed and approved by the city council and mayor.

        (n)   Press Releases:  Shall be the official responsible for keeping the public informed of the business of the city and shall make releases available to local media as necessary.

        (o)   Record Keeping:  Shall keep full and accurate records of all actions in the course of his duties.

        (p)   Miscellaneous:  In addition to the foregoing duties, shall perform any and all other duties or functions prescribed by the mayor and city council.

 

Sec. 2-132.7.   Powers.

        (a)   City Property:  Shall be responsible for all property of the city and shall keep or cause to be kept inventories. Real property may be sold only with the approval of the City Council by resolution or ordinance.

        (b)   Set Administrative Policies:  Shall prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative departments or employees subject to his authority, and he shall revoke, suspend or amend any rule or regulation of the administrative service except those prescribed by the city council.

        (c)   Coordinate Departments:  Shall coordinate the work of all the departments of the city, and, at time of an emergency, shall have authority to assign the employees of the city to any department where they are needed for the most effective discharge of the functions of city government.

        (d)   Establishment of Departmental Policies:  Shall confer with commissions, boards and committees as to the management of policies of the respective departments under their direction and shall work with them to establish policies that are in accordance with city ordinance, state and/or federal law.

        (e)   Investigate and Report:  Shall have the power to investigate and to examine or inquire into the affairs or operation of any department of the city under his jurisdiction, and shall report on any condition or fact concerning the city government requested by the mayor or city council. Shall have authority to review and revise all personnel actions, and to mediate and resolve all personnel disputes between employees and department heads.

        (f)   At no time shall the duties or powers of the city administrator supersede the action by the mayor and city council.

 

Secs. 2-132 to 2-134.  Reserved.

 

MUNICIPAL EMPLOYMENT PROVISIONS

DIVISION 1.  GENERALLY

Sec. 2-135.  Social security.

        (a)   It is hereby declared to be the policy and purpose of the City of St. James, Missouri, to extend, at the earliest date, to all eligible employees and officials of said city who are not excluded by law or by this Ordinance, and whether employed in connection with a governmental or proprietary function of said city, the benefits of the System of Federal Old-Age and Survivors Insurance as authorized by the Social Security Act Amendments of 1950, and by Senate Committee Substitute for Senate Bill No. 3 of the  66th General Assembly of the State of Missouri and amendments thereof, as the same may be now and hereafter in effect.

        (b)   The mayor and city clerk of the City of St. James, Missouri, are hereby authorized and directed, on behalf of this city, to prepare, execute and submit to the Division of Budget and Comptroller of the State of Missouri, as State Agency of the State of Missouri, a plan and agreement for extending said benefits to said eligible employees and officials of the City of St. James, Missouri, in the form prepared by the  State Agency and hereby approved and adopted by the city council of this city, which plan and agreement are to become effective upon approval thereof by the State Agency, and are further authorized and directed to execute agreements and modifications and amendments thereof with said State Agency, providing for the extension of said benefits to said employees and officials as set forth in said plan and agreement, as provided for in section (a) hereof, said plan and agreement to provide that said extension of benefits is to be effective on April 1, 1952.

        (c)   Commencing on the first day of the month following the date of the approval of the plan and agreement of this city by the State Agency, there shall be deducted from the wages of all employees and officials of the City of St. James, Missouri, to whom the benefits of said System of Federal Old-Age and Survivors Insurance are extended, by virtue of the plan and agreement hereinbefore provided for, the amount of each of said employees' and officials' contributions, as determined by the applicable State and Federal laws and by said plan and agreement, the aggregate amount of said deductions to be paid into the Contributions Fund created by Senate Committee Substitute for Senate Bill No. 3 of the 66th General Assembly of the State of Missouri; provided, however, that from the first payment of wages made to each of said employees and officials after the benefits of said system have been extended to such employees and officials, there shall be deducted a sum equal to the amount which would have been due and payable from each of said employees and officials had said extension of benefits been provided and effective on April 1, 1952.

        (d)   Commencing on the first day of the month following the date of the approval of the plan and agreement of this city by the State Agency, there is hereby authorized to be appropriated from the General Fund of the City of St. James, Missouri, and there is, and shall be, appropriated, the sum or sums of money necessary to pay the contributions of the City of St. James, Missouri, which shall be due and payable by virtue of the extension of the benefits of the Federal Old-Age and Survivors Insurance System to the eligible employees and officials of said city, said sum or sums of money to be paid into the Contributions Fund created by Senate Committee Substitute for Senate Bill No. 3 of the 66th General Assembly of the State of Missouri; provided, however, that in making the first payment to said Contributions Fund, after the benefits of said system have been extended to such employees and officials, said first payment shall include a sum equal to the amount which would have been due and payable had said extension of benefits been provided and effective on April 1, 1952.  The Fund from which said appropriation is made will, at all times, be sufficient to pay the contributions of the city by this Section directed to be paid to said Contributions Fund.

        (e)   The City of St. James, Missouri, from and after the approval of the plan and agreement of this city by the State Agency, shall fully comply with, and shall keep such records, make such reports and provide such methods of administration of said plan and agreement as may be required by all applicable State and Federal laws, rules and regulations, now and hereafter in effect with respect to the extension of the benefits of the Federal Old-Age and Survivors Insurance System to the employees and officials of this city.  For the purpose of administering said plan and agreement the clerk of this city shall be the official who shall make all required reports, keep all records, and be responsible for the administration of said plan and agreement on behalf of this city, and any and all notices and communications from the State Agency to this city with respect to said plan and agreement shall be addressed to "Clerk of the City of St. James, Missouri."  (Ord. 137, §1.)

Sec. 2-136.  Local government employees retirement system.

        The City ofSt. James is a "Political Subdivision", as defined in Sections 70.600 through 70.760, RSMo. and hereby elects to have covered by the Missouri Local Government Employees Retirement System, all it's eligible employees with 1250 or more hours of annual employment in the following classes:

                Present and Future General Employees

                Present and Future Policemen

        The City of St. James hereby elects that 100% of prior employment be considered for prior service credit in computing benefits and contributions to the system, and BE IT FURTHER ORDAINED, that the Payroll Clerk or Clerks are hereby authorized and directed to deduct from the wages and salaries of each employee member the member contributions required by Section70.705 RSMo. and to promptly remit the deductions to the Retirement System, together with the employer contributions required by Section 70.730 RSMo.  Employee and employer contributions are to be effectiveJune 1, 1974.  (Ord. 359) 

Sec. 2-137.  City of St. James to elect changes under the Missouri Local Government Employees Retirement System.

        (a) To adopt no change in the contributions from covered employees, keeping the requirement of 4% of gross salary and wages as contributions from covered employees in accordance with the provisions of 70.705 and 70.730, RSMo 2004.

        (b) To adopt no change in the method of determining a member's final average salary, keeping a thirty-six consecutive month period for determining a member's monthly salary in accordance with 70.600 and 70.656, RSMo 2004.

        (c) To adopt a change in the Benefit Program of covered employees, changing to Benefit Program L-6 in accordance with 70.655 RSMo. (2004).

        (d) To adopt no change in the Retirement Age Provision of covered employees, keeping member employees option of Retirement upon attaining minimum service retirement age in accordance with 70.600, 70.645 and 70.646 RSMo. (2004).

        The City Clerk shall certify this election to the Missouri Local Government Employees' Retirement System within ten (10) days hereof. Such election shall be effective on the 1st day of May, 2008. (Ord. 595; Ord. 787; Ord. 792; Ord. 919)

Sec. 2-138.  Closing city personnel records containing personal information.

        All records of the city regarding the hiring, firing, disciplining or promoting of any particular employee where personal information about the employee is discussed or recorded, or when there is a discussion or decision as to whether to hire, fire, promote or discipline any particular employee, and all other personal information relating to the performance or merits of individual employees are hereby declared to be closed.  (Ord. 889)

Secs. 2-139 to 2-141.  Reserved

ARTICLE V

MUNICIPAL EMPLOYMENT

PROVISIONS

DIVISION 2.  SALARY SCHEDULE

Sec. 2-142.  Salaries general.

        (a)   Officers - The various officers of the city shall be entitled to receive as compensation in full for the discharge of their official duties the salaries and fees hereinafter mentioned.  (Ord. 367, §1.)  (See Sections 2-36, 2-45, 2-88, 2-109, 2-66, 2-143.)

        (b)   Employees - The official schedule of ranges represents full-time compensation for each job position.  The value of any maintenance received by an employee as compensation in the form of lodging and the like is determined by the city council, and this value will be deducted from the cash salary established for the job position in the case of an employee receiving such maintenance.  Conversely, provision will be made for the reimbursement of city employees who incur expense in the travel necessary to conduct city business.   (Ord. 384)

Sec. 2-143.  Pay period (Frequency of pay).

        (a)   Officers - All salaries shall be due and payable at the end of each month, except as hereinafter provided; and the warrants issued in payment of salaries shall in all cases be paid in the order in which they are presented.  (Ord. 24, §2, Ord. 367, §2.)  (See Section 2-142.)

        (b)   Employees  - Salaries will be paid twice monthly; one-half at mid-month and one-half at the end of the month.  (Ord. 384)

Secs. 2-144 to 2-157.  Reserved.

ARTICLE VI

CONFLICT OF INTEREST

DIVISION 1.  A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS

FOR CERTAIN MUNICIPAL OFFICIALS TO CONFORM WITH REQUIREMENTS OF SENATE BILL 262

 

 

Sec. 2-158.  Declaration of policy.

      The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city.  (Ord. 514, §1; Ord. 603, §1; Ord. 670, §1; Ord. 714, §1; Ord. 749, §1; Ord. 782, §1; Ord. 819, §1; Ord. 852, §1; Ord. 878, §1; Ord. 895, §1; Ord. 920, §1; Ord. 958, §1; Ord. 984, §1; Ord. 1009, §1)

Sec. 2-159.  Conflicts of Interest.

      The mayor or any member of the city council who has a substantial personal or private interest, as defined by state law, in any bill shall disclose on the records of the city council the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.  (Ord. 514, §2; Ord. 603, §2; Ord. 670, §2; Ord. 714, §2; Ord. 749, §2; Ord. 782, §2; Ord. 819, §2; Ord. 852, §2; Ord. 878, §2; Ord. 895, §2; Ord. 920, §2; Ord. 958, §2; Ord. 984, §2; Ord. 1009, §2)

Sec. 2-160.  Disclosure Reports.

      The Mayor, each City Council person, and each elected official shall disclose the following information by May 1 if any such transactions were engaged in during the previous calendar year:

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

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

      (c)      The Mayor shall disclose by May 1 for the previous calendar year the following information:

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


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

              (3)  The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.  (Ord. 514, §3; Ord. 603, §3; Ord. 670, §3; Ord. 714, §3; Ord. 749, §3; Ord. 782, §3; Ord. 819, §3; Ord. 852, §3; Ord. 878, §3; Ord. 895, §3; Ord. 920, §3; Ord. 958, §3, Ord. 984, §3; Ord. 1009, §3)

Sec. 2-161.  Filing of Reports.

      The reports, in the attached format, shall be filed with the City Clerk and with the Missouri Ethics Commission prior to January 1, 2012.  The reports shall be available for public inspection and copying during normal business hours.  (Ord. 514, §4; Ord. 603, §4; Ord. 670, §4; Ord. 714, §4; Ord. 749, §4; Ord. 782, §4; Ord. 819, §4; Ord. 852, §4; Ord. 878, §4; Ord. 895, §4; Ord. 920, §4; Ord. 958, §4; Ord. 984, §4; Ord. 1009, §4)

Sec. 2-162.  When filed.

      The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year:

      (a)   Each person appointed to office shall file the statement within thirty days of such appointment or employment;

      (b)  Every other person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member of the city council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.  (Ord. 514, §5; Ord. 603, §5; Ord. 670, §5; Ord. 714, §5; Ord. 749, §5; Ord. 782, §5; Ord. 819, §5; Ord. 852, §5; Ord. 878, §5; Ord. 895, §5; Ord. 920, §5; Ord. 958, §5; Ord. 984, §5; Ord. 1009, §5)

Sec. 2-163.  Filing of Ordinance.

      The City Clerk shall send a certified copy of this Ordinance to the Missouri Ethics Commission prior to September 15, 2011.  (Ord. 514, §6; Ord. 603, §6; Ord. 670, §6; Ord. 714, §6; Ord. 749, §6; Ord. 782, §6; Ord. 819, §6; Ord. 852, §6; Ord. 878, §6; Ord. 895, §6; Ord. 920, §6; Ord. 958, §6; Ord. 984, §6; Ord. 1009, §6)

Sec. 2-164.  Effective Date.

      This ordinance shall be in full force and effect from and after the date of its passage and approval and shall remain in effect until amended or repealed by the City Council.  (Ord. 514, §7; Ord. 603; Ord. 670; Ord. 714; Ord. 749; Ord. 782; Ord. 819; Ord. 852; Ord. 878; Ord. 895; Ord. 920; Ord. 958; Ord. 984; Ord. 1009)

Secs. 2-165 to 2-169.  Reserved.

 

 ARTICLE VII
BOARDS AND COMMISSIONS

DIVISION 1. TIF COMMISSION

Sec. 2-170. Creation of TIF Commission.

The City Council hereby ratifies and confirms the creation of the commission established pursuant to the Act, which shall be known as the "Tax Increment Financing Commission of St. James, Missouri (the "TIF Commission"). (Ord. 820, §1)

Sec. 2-171. Authority of TIF Commission.

The Commission shall serve as an advisory board to the City as it relates to the consideration of tax increment financing proposals submitted by interested parties or initiated by any public agency in accordance with the Act. The City Council hereby authorizes and approves the exercise by the TIF Commission of only those powers that are required by the Act to be exercised by the TIF Commission, as follows:

(a) The TIF Commission shall hold public hearings and give notices pursuant to Sections 99.825 and 99.830 of the Act on proposed redevelopment plans, redevelopment projects and designation of redevelopment areas and amendments thereto.

(b) The TIF Commission shall vote on all proposed redevelopment plans, redevelopment projects and designations of redevelopment areas and amendments thereto, within 30 days following completion of a hearing on any such plan, project designation, or amendment and shall make recommendations to the City within 90 days of a hearing referred to in Section 99.825 of the Act concerning adoption of or amendment to redevelopment plans, redevelopment projects and/or designation of redevelopment areas. (Ord. 820, §2)

Sec. 2-172. Organization of TIF Commission.

The TIF Commission shall elect from among its members a Chairman, Vice Chairman, and Secretary. Meetings of the TIF Commission shall be open to the public to the extent provided by law and a record shall be kept of each meeting. The City Clerk is herby designated as the custodian of records of the TIF Commission for purposes of Chapter 610 of the Revised Statutes of Missouri, as amended. The TIF Commission may establish rules and procedures not in conflict with City ordinances or policies of the Act and shall meet as required to fulfill its obligations set forth in the Act. (Ord. 820, §3)

Sec. 2-173, Membership.

The TIF Commission shall consist of eleven members, six of whom shall be appointed by the Mayor with the consent of a majority of the City Council, and five of whom shall be appointed as provided in the Act. The members appointed by the Mayor shall serve terms of four years. The members appointed by the other taxing jurisdictions as provided in the Act shall serve from the time that the affected school district and other affected taxing jurisdictions are notified in writing of a proposed redevelopment plan or designation of a redevelopment area until final approval or disapproval of the redevelopment plan, redevelopment project, or designation of a redevelopment area by the City. (Ord. 820, §4)

Sec. 2-174. General policy regarding tax increment financing.

It shall be the policy of the City to consider the use of tax increment financing for those projects which demonstrate a substantial and significant public benefit resulting from one or more of the following: eliminating blight, financing desirable public improvements, strengthening the employment and economic base of the City and other taxing jurisdictions, increasing property values, reducing poverty, creating economic stability, upgrading older neighborhoods and areas, and facilitating economic self-sufficiency. (Ord. 820, §5)

Sec. 2-175. Procedure for bids and proposals.

The City hereby adopts the following procedures for bids and proposals for the implementation of redevelopment projects:

(a) The City or the TIF Commission shall solicit proposals with respect to the implementation of each proposed redevelopment project.

(b) Each request for proposals shall state the primary objectives of the proposed redevelopment area of redevelopment project.

(c) Each request for proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids.

(d) Each request for proposals shall be mailed to those persons or firms which the City determines might be interested in submitting a bid, and shall be published in a newspaper of general circulation in the City. Each request for proposals shall provide at least 15 days for the submission of a proposal.

(e) Each proposal must demonstrate the "but for" the use of tax increment financing, the project is not feasible and would not be completed.

(f) Criteria for the selection of proposals will include the impact of the proposed project on the City and other taxing jurisdictions, including the projected term for which tax increment financing will be utilized. The City or the TIF Commission may establish such additional criteria as it deems appropriate for the selection of bids and proposals. (Ord. 820, §6)


Secs. 2-176 to 2-185. Reserved.

ARTICLE VIII
SUNSHINE LAW

 

Sec. 2-186.  Custodian of records designated.

        The City Clerk is hereby designated as the “custodian of records” for the City of St. James. Such designation does not mean that the City Clerk will necessarily have all the records in his or her possession, but simply is an indication to whom requests for copies of records and information regarding the City government shall be directed. Requests for records made to persons other than the City Clerk shall not be considered to be requests that are made pursuant to the Missouri Sunshine Law, Chapter 610 of the state statutes. Nonetheless, any official or employee of the City who receives a request is directed to inform the City Clerk of the request in a timely fashion, so that a response may be made to the request. (Ord. 888, §1)

Sec. 2-187.  How records are requested.

        All requests for records, notices, or information shall be in writing, and shall be accompanied by a deposit of the estimated cost of reproducing the requested information. Oral requests, if received by the City Clerk, shall be immediately recorded in written form to document the same. Any request received by the City Clerk shall be initialed by the clerk, with the date and time of receipt noted. (Ord. 888, §2)

Sec. 2-188. Response desired to be noted on request.

        The requesting party shall indicate on the request the manner in which a response is desired. In absence of instructions to the contrary, it will be assumed that the requesting party wants to receive a response in the same form as the original request. (Example, if someone stops by City Hall and requests copies of documents, it will be assumed that the requesting party will stop by City Hall later to pick up the documents. But if someone mails a request to the City Hall, it will be assumed that a mailed response is desired). (Ord. 888, §3)

Sec. 2-189.  Response within 3 business days.

        The custodian of records shall respond to the request within 3 business days of is receipt. A “business day” is a day when the City Hall is open for the conduct of City business during its normal business hours. While it is desirable that the entire transaction be completed within 3 business days, there may be circumstances where clarification or explanation of the request is necessary, or where it may be necessary to provide only part of the requested information while searches are made to find copies of other documents requested. (Ord. 888, §4)

Sec. 2-190.  Documentation of response.

        The custodian of records shall document the response provided either by (1) making an extra copy of the response and attaching it to the original request, (2) noting on the request what documents were provided, or (3) keeping a copy of any letter or note requesting additional information in order to process the request. (Ord. 888, §5)

Sec. 2-191.  Request for searches.

        A request for copies of “all documents” or “every document” of a particular sort involves a request to search through every record of the City in order for the City to certify that it has provided “all” or “every” document. Such searches are expensive. Similarly, a request for records compiled in a format differing from the format in which the records are customarily retained is a request for a search and compilation, and can be expensive. As a general rule, the Custodian of Records is not expected to engage in extensive searches or compilations. Any search request that will require more than 15 minutes of the Custodian’s time will be refused without a substantial advance deposit for the estimated time required to search for the records. (Ord. 888, §6)

Sec. 2-192.  Fees for retrieval and copies.

        Fees for search, retrieval, accompanying, and returning to their proper storage all City documents shall be:

        (a)   For a search of 15 minutes or less ….. no retrieval fee.

        (b)   For a search, retrieval, accompanying, and return of documents requiring more than 15 minutes ….. $4 for each period of 15 minutes or less, including the first 15 minute period.

        Fees for copies of documents shall be:

        (c)   For copies that can be made on the City’s copy machine or other equipment available at the City Hall ….. 10 cents per side of a page.

        (d)   For copies that must be made elsewhere …. The actual charges imposed for making the copies (including any taxes imposed) as well as the fee provide above for search, retrieval, accompanying, and returning to proper storage. (Ord. 888, §7)

Sec. 2-193.  Inspection of records

        To reduce the cost to both the requesting party and the City, the Custodian of Records may permit a physical inspection of the records by the requesting party to help specify what documents are needed. The Custodian may impose such security as is deemed appropriate to guarantee that no record is removed from the City files. The requesting party shall pay the cost of that security at the rate provided in Section 2-192(b). (Ord. 888, §8)

Sec. 2-194.  Waiver of fees.

        The Custodian of Records is empowered to waive the collection of any of the fees totaling less than $1 provided in Section 2-192 above to any citizen of the City requesting documents from the City, or to any representative of news media that routinely sends a reporter to cover meetings of the City of St. James. No person or organization shall receive more than 3 such waivers in any 12 month period. (Ord. 888, §9)

Sec. 2-195.  Closed records and votes.

        All records of the City which are permitted to be closed records by reason of The Sunshine Law, or by any other statute of Missouri, or by any statute or regulation of the United States government shall be maintained as closed records. No such closed record shall be released to any person who is not a part of the City government, except that the City’s auditor may see such records as are reasonably necessary to prepare an audit report as requested by the City and the City’s attorney may see such records as are reasonably necessary to represent the City. Requests that closed records be opened to public inspection will be considered on a case-by-case basis by the St. James City Council. (Ord. 888, §10)

Sec. 2-196.  Subpoenas for closed records.

        No subpoena for a closed record shall be honored. All such subpoenas shall be referred to the City attorney for a response, and for a motion to quash the subpoena. The only exception to this requirement that will be recognized is a subpoena from a grand jury. (Ord. 888, §11)

Sec. 2-197.  Public notice board.

        The Custodian of Records shall establish a fixed place where all public notices and agenda will be posted. This notice board should be in a place that is accessible to members of the public at times when the City Hall is open and available for public inspection. This notice board shall have the notion “NOTICE OF PUBLIC MEETINGS” printed at the top of said board. A window or glass door at the entrance to the City Hall may be used as the notice board, provided such notices are placed in such a fashion that they can be read by persons on the outside of the City Hall. (Ord. 888, §12)

Sec. 2-198.  Penalty for disclosure of closed records.

        Any person employed or working for the City, or who has been entrusted with a record that is marked to indicate that it is “confidential” or a “closed record”, or who has been invited to participate in a closed meeting who nonetheless discloses any closed record, or any information about the contents of any closed meeting to any person shall be guilty of an offense under the ordinances of the City, and upon conviction therefore may be punished as provided by law. Any such person who is employed or working for the City may also be subject to the termination of their employment as a result of such disclosure. Any such person who is an elected official may also be subject to impeachment from their office as a result of such disclosure. (Ord. 888, §13)

Secs. 2-199 to 2-203.  Reserved.

ARTICLE IX

ST. JAMES ENHANCED ENTERPRIZE ZONE BOARD

Sec. 2-204. Board appointed.

        That the City Council of St. James, MO, hereby establishes the St. James Enhanced Enterprise Zone, and

       That the City Council of St. James, MO, hereby appoints a seven-member board to lead the St. James Enhanced Enterprise Zone. The board shall serve the following role:

        (a) Advise the local governing authority on the designation of the enhanced enterprise zone and any other advisory duties as determined by the governing authority.

        (b) Once the designation of the zone has been completed, the board shall be responsible for review and assessment of zone activities.

        (c) Responsible for submitting an annual report to the Director of the Department of Economic Development regarding the status of the zone and business activity (Section 135.954.5, RSMo.) (Ord. 933; Ord. 942)

Sec. 2-205. Members of the Board.

        The board shall be comprised of the following members for the appointed length of time:

        1. Gary Huffman—Schools—5 years

        2. Larry Stratman—Taxing Entities—5 years

        3. Janice Cunningham—4 Years

        4. John Smallwood—4 Years

        5. Brad Frazier—3 Years

        6. Butch Tucker—3 Years

        7. Jackie Rogers —2 Years

(Ord. 933; Ord. 942)

Sec. 2-206. Board member reappointment policy and leadership structure.

        (a) The number of members on the board shall be seven. One member of the board shall be appointed by the St. James School District. One member of the board shall be appointed by the other affected taxing districts in the Zone including the St. James Fire District, The Phelps County Developmentally Disabled Board and Phelps County. The remaining five members of the board shall be appointed by the mayor of St. James.

        (b) The school district member and the affected taxing district member shall each have initial terms of five years. Of the five members appointed by the mayor, two shall have initial terms of four years, two shall have initial terms of three years, and one shall have an initial term of two years. Thereafter, members shall serve terms of five year. Each commissioner shall hold office until a successor has been appointed by the appropriate and representative taxing district.

        (c) A vacancy on the Board because of death, resignation, or removal shall be filled in like manner as original appointments. The mayor of St. James may remove any director for inefficiency, misconduct in office or neglect of duty.

        (d) The members of the board annually shall elect a chairperson from among the members. A vacancy in position of chairperson will be filled at the next regular meeting of the Board by direct nomination from the floor. Paper ballots may be used for the vote if there is more than one candidate for the position. Those elected will take their positions immediately after the results are announced. The chairperson may resign his/her position but remain active on the Board membership.

        (e) A majority of the members shall constitute a quorum of the Board for the purpose of conducting business and exercising the powers of the board and for all other purposes. Action may be taken by the board upon a vote of a majority of the members present.

        (f) The meeting of the St. James Enhanced Enterprise Zone Board shall be held as needed. An annual meeting shall be held the first Wednesday of December of each year to elect officers and complete the annual report required by the Missouri Department of Economic Development. Meetings of the Board may be called by the chairman. (Ord. 974)

Sec. 2-207. Establishing an incentives matrix for reducing real estate tax on eligible projects.

        (a) The St. James Enhanced Enterprise Zone Incentives Matrix be approved as established by the St. James Enhanced Enterprise Zone Board and offered to any eligible business enterprise located within the zone and meeting requirements of Chapter 135 RSMo, as amended. This incentive matrix establishes all tax abatements to be offered to eligible businesses beyond the minimum abatements required.

        (b) Eligible projects are required to commit to job creation, payroll and capital investment within 3 years. Additional abatement incentives will be evaluated annually and offered annually at the time that eligible businesses meet the projected job growth, provide the average payroll and make the capital investments committed to. Maximum allowable combined incentive is 90 percent abatement for no more than 20 years. (Ord. 975)

ADDITIONAL ABATEMENT INCREMENTAL BENEFITS

New Jobs

5 + New FT employees

5% additional abatement

15 + New FT employees

10% additional abatement

25 + New FT employees

15% additional abatement

50 + New FT employees

25% additional abatement

100 + New Ft employees

25% additional abatement + 5 years

250 + New FT employees

25% additional abatement + 10 years

250 + New FT employees

30% additional abatement + 10 years

Average Payroll

Average new payroll at 110% of County Average

5% additional abatement

Average new payroll at 120% of County Average

10% additional abatement

Average new payroll at 130% of County Average

10% additional abatement + 5 years

Investment

Capital Investment exceeding $5 million

5% additional abatement

Capital Investment exceeding $10 million

10% additional abatement

Capital Investment exceeding $25 million

15% additional abatement

Capital Investment exceeding $50 million

15% additional abatement + 5 years

Capital Investment exceeding $75 million

15% additional abatement + 10 years

 

Secs. 2-208 to 2-210. Reserved.