CHAPTER 100:GENERAL PROVISIONS

TITLE I

GOVERNMENT CODE

CHAPTER 100:

GENERAL PROVISIONS

 

 

ARTICLE I – GENERAL CODE PROVISIONS

SECTION 100.010:             CITATION OF CODE

This Code may be known and cited as the “Buckner, Missouri, City Code.”   (CC 1979 §10.020)

SECTION 100.020:             OFFICIAL COPY

The Official Copy of this Code, bearing the signature of the Mayor and attestation of the City Clerk as to its adoption shall be kept on file in the office of the City Clerk.  A copy of this Code shall be kept in the City Clerk’s office available for public inspection.  (CC 1979 §10.030)

SECTION 100.030:             ALTERING CODE

It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.  Any person, firm or corporation violating this Section shall be punished as provided in Sections 100.200 and 100.210 of this Code.  (CC 1979 §10.040)

SECTION 100.040:             NUMBERING

Each Section number of this Code shall consist of two (2) parts separated by a period; the figure before the period referring to the Chapter number, and the figure after the period referring to the position of the Section in the Chapter.  Each figure shall consist of three (3) digits.  (CC 1979 §10.050)

SECTION 100.050:             DEFINITIONS AND RULES OF CONSTRUCTION

A.            In the construction of this Code and of all other ordinances of the City, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any Section or ordinance, or unless inconsistent with the manifest intent of the Board of Aldermen, or unless the context clearly requires otherwise:

BOARD OF ALDERMEN:  The Board of Aldermen of Buckner, Missouri.

CITY:  The City of Buckner, Missouri.

COMPUTATION OF TIME:  The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Sunday or a legal holiday, that shall be excluded. 

COUNTY:  The County of Jackson, State of Missouri.

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

JOINT AUTHORITY:  Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons, unless otherwise declared in the law giving the authority.

MONTH:  A calendar month.

NUMBER:  When any subject matter, party or person is described or referred to by words importing the singular number, the plural and several matters and persons and bodies corporate  shall be deemed to be included.

OATH:  Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed”.

OWNER:  Applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

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

PRECEDING, FOLLOWING:  Shall mean next before and next after, respectively.

PROPERTY:  Shall include real and personal property.

PUBLIC WAY:  Shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

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

SHALL, MAY:  “Shall” is mandatory, “May” is permissive.

SIDEWALK:  That portion of the street right of way between the curb line and the adjacent property line which is intended for the use of pedestrians.

SIGNATURE:  Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended.

STATE:  The State of Missouri.

STREET:  Shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.

TENANT, OCCUPANT:  Applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

WRITING:  Shall include printing, lithographing or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his mark, is intended.

YEAR:  A calendar year, unless otherwise expressed, and the word “year” shall be equivalent to the words “year of our Lord”.

B.            All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Aldermen may be fully carried out. 

SECTION 100.060:             NOTICE IN NEWSPAPER

Whenever in this Code or other ordinance of the City it is required that notice be published in conformance with Chapter 493 of the Revised Statutes of Missouri.

 

 

ARTICLE II – CONSTRUCTION OF ORDINANCES

SECTION 100.070:             CONSTRUCTION, GENERALLY

All general provisions, terms phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board  of Aldermen may be fully carried out.  Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to the technical import.  (CC 1979 §12.010)

SECTION 100.080:             HEADINGS

The headings of the Chapters and Sections of this Code are intended as guides and not as part of this Code for purposes of interpretation or construction.  (CC 1979 §12.020)

SECTION 100.090:             CONTINUATION OF PRIOR ORDINANCES

The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the adoption of this Code, shall be considered as a continuation thereof and not as new enactments.  (CC 1979 §12.030)

SECTION 100.100:             REPEAL OF ORDINANCES NOT TO AFFECT LIABILITY

Whenever any ordinance or part of an ordinance shall be repealed or modified, either expressly or by implication, by a subsequent ordinance, the ordinance or part of any ordinance thus repealed or modified shall continue in force until the subsequent ordinance repealing or modifying the prior ordinance shall go into effect unless therein otherwise expressly provided; but no suit, prosecution, proceeding, right, fine or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in anywise be affected, released or discharged but may be prosecuted, enjoyed and recovered as fully as if such ordinance or provisions had continued in force, except:

                1.            That all such proceedings shall be conducted according to existing laws; and

                2.            If the penalty or punishment for any offense is reduced or lessened by any alteration of the law creating the offense, the penalty or punishment shall be assessed according to the amendatory law.  (CC 1979 §12.040; RSMo. §1.160 (1-2)

SECTION 100.110:             REPEAL NOT TO REVIVE FORMER ORDINANCE

When an ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it be expressly so provided.  (CC 1979 §12.050)

SECTION 100.120:             SEVERABILITY

It is hereby declared to be the intention of the Board of Aldermen that the Chapters, Sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, Section or Chapter of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, Sections, and Chapters of this Code since the same would have been enacted by the Board of Aldermen without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section, unless the court finds the valid provisions of the Statute are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the legislature would have enacted the valid provisions without the void one; or unless the court finds that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.  (CC 1979 §12.060; RSMo. §1.140)

SECTION 100.130:             TENSE

Except as otherwise specifically provided or indicated by the context, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event, or requirement for which provision is made herein, either as a power, immunity, requirement, or prohibition.  (CC 1979 §12.070; RSMo. §1.140)

SECTION 100.140:             NOTICE

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

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

                2.            By mailing said notice by certified or registered mail to such person to be notified at his last known address, or

                3.            If the person to be notified is unknown, or may not be notified under the requirements of Subsections (1) or (2) herein, then by posting said notice in some conspicuous place on the premises at least five (5) days before the act or action concerning which the notice is given is to take place.  No person shall interfere with, obstruct, mutilate, conceal, or tear down any official notice or placard posted by any City officer, unless permission is given by said officer.  (CC 1979 §12.080)

SECTION 100.150:             NOTICE — EXCEPTIONS

The provisions of the preceding Section shall not apply to those Chapters of this Code wherein there is a separate definition of notice.  (CC 1979 §12.090)

 

SECTION 100.160:             COMPUTATION OF TIME

In computing any period of time prescribed or allowed by this Code or by any notice or order issued pursuant thereto, the day of the act, event or default after which the designated period of time begins to run is not to be included.  The last day of the period so computed is to be included unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a legal holiday.  When the period of time prescribed or allowed is less than seven (7) days, intermediate Sundays and legal holidays shall be excluded in the computation.  A half (1/2) holiday shall be considered as other days and not as a legal holiday.  (CC 1979 §12.100)

SECTION 100.170:             GENDER

When any subject matter, party or person is described or referred to by words importing the masculine, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.  (CC 1979 §12.110)

SECTION 100.180:             JOINT AUTHORITY

Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons unless otherwise declared in the law giving the authority.  (CC 1979 §12.120)

SECTION 100.190:             NUMBER

When any subject matter, party or person is described or referred to by words importing the singular number, the plural and separate matters and persons and bodies corporate shall be deemed to be included; and when words importing the plural number are used, the singular shall be deemed to be included.  (CC 1979 §12.130)

 

 

ARTICLE III – PENALTIES

SECTION 100.200:             GENERAL PENALTY

Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days or by both such fine and imprisonment.  Where the City and State have a penalty for the same offense the Board shall set the same penalty by ordinance as is set by Statute, except the imprisonments when made under City ordinances may be in the City Prison or workhouse instead of the County Jail. 

SECTION 100.210:             EVERY DAY A VIOLATION

Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.  (CC 1979 §13.020)

SECTION 100.220:             RESPONSIBILITY

Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act.  Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.  (CC 1979 §13.030)

SECTION 100.230:             WORKING OF CITY PRISONERS

All persons convicted and sentenced by the Judge of the Municipal Court, for violations of the ordinances of the City, whether the punishment be by fine or imprisonment or by both, be put to work and perform labor on the public streets, highways and alleys or other public buildings of this City, for such purposes as the City may deem necessary, and the Chief of Police or Street Commissioner of the City shall have power and be authorized to have or cause all such prisoners as may be directed by the Mayor of the City to work out the full number of days for which they have been sentenced, working upon such public streets, highways or alleys or public works or buildings of said City, as may be designated.  And if the punishment be by fine and the fine be not paid, then for every dollar of such judgment and sentence of the Court the prisoner shall work one (1) day, and it shall be deemed a part of the judgment and sentence of the court that such prisoner may be worked as herein provided.  (CC 1979 §13.040)

 

 

ARTICLE IV – CITY SEAL

SECTION 100.240:             CITY SEAL

A.            Seal Described.  The common Seal of the corporation known as “The City of Buckner” shall be in a circular shape and inscribed with the words “City of Buckner, Missouri,” and dated MDCCCLXXV.

The Seal shall make the following impression

 

B.            City Clerk To Keep Seal.  The City Clerk of said City shall be the keeper of the Common Seal of said City aforesaid, and shall in all cases required by ordinances of said City, or laws of the land, affix said Seal, accompanied by his attestation and signature. 

C.            When Seal To Be Affixed.  All deeds, conveyances of land by the City, requiring authentication, all certificates to cemetery lots, and all bonds issued by said City, and all acts of the Mayor of said City, and all other matters which, by the ordinances of the City or the laws of the land, are required to be under the Seal of said City, shall have said Seal affixed to them by said Clerk, and shall be attested and certified by him.  (CC 1979 §20.010)

 

 

ARTICLE V – WARDS

SECTION 100.250:             CITY DIVIDED INTO THREE WARDS

The City of Buckner is hereby divided into three (3) Wards.

                1.            Ward One.  The First (1st) Ward shall consist of that portion of the City found north of Lake City Road to the south side of Park Avenue and east of BB Highway to the east City limits.

                2.            Ward Two.  The Second (2nd) Ward shall consist of that portion of the City found north of Lake City Road to the north City limits and west of BB Highway to the west City limits and east of BB Highway from the north side of Park Avenue to the north City limits.

                3.            Ward Three.  The Third (3rd) Ward shall consist of that portion of the City found south of Lake City Road.  (CC 1979 §§30.010 – 30.030)

 

 

CHAPTER 105:

CITY ORGANIZATION

 

 

 

ARTICLE I – ALDERMEN

SECTION 105.010:             QUALIFICATIONS OF ALDERMAN — TERMS OF OFFICE

No person shall be eligible to the office of Alderman who is not twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City for at least one (1) year next before his election and a resident of the Ward from which he is elected; nor shall any person be elected an Alderman who is in arrears for any tax, lien, forfeiture or defalcation in office.  All members of the Board shall hold their office for a term of four (4) years.  (CC 1979 §21.010; Ord. No. 593 §6, 5-6-99)

SECTION 105.020              OATH

Before entering upon the discharge of the duties of his office, each Alderman shall take and subscribe an oath or affirmation before the City Clerk that he possesses all the qualifications prescribed for his office by the laws of the State and this Code or other ordinances of this City; that he will support the Constitution of the United States of this State, and this Code and other ordinances of this City, and that he will faithfully demean himself in office.  (CC 1979 §21.020)

SECTION 105.030:             MEMBERSHIP

The members of the Board of Aldermen shall be two (2) in number from each Ward of the City.  (CC 1979 §21.030)

 

 

ARTICLE II – OFFICERS AND EMPLOYEES

SECTION 105.040:             OFFICERS ENUMERATED

The officers of this City shall consist of

                1.            The following elective officers:

                                a.            Mayor

                                b.            Aldermen (two (2) from each Ward)

                2.            And the following appointive officers:

                                a.            Chief of Police

                                b.            City Attorney

                                c.             City Clerk/Administrator

                                d.            City Prosecutor

                                e.            Collector

                                f.             Deputy City Clerk

                                g.            Municipal Judge

                                h.            Public Works Superintendent  (Ord. No. 593 §5, 5-6-99; Ord. No. 689 §1, 1-2-03)

SECTION 105.050:             TERM OF APPOINTIVE OFFICERS

All appointive Officers shall be appointed to serve at the pleasure and will of the Mayor and the Board of Aldermen.  (CC 1979 §21.110)

SECTION 105.060:             OFFICERS TO BE QUALIFIED VOTERS AND RESIDENTS — EXCEPTIONS

All officers elected or appointed to offices under the City government shall be qualified voters under the laws of the Constitution of this State and this Code; except, that appointed Police Officers, the City Attorney and other employees having only ministerial duties need not be registered voters of the City.  No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid City taxes, or forfeiture or defalcation in office.  All officers, except appointed Police Officers, the City Attorney and other employees having only ministerial duties, shall be residents of the City.  (CC 1979 §21.120)SECTION 105.070:              OATH OF OFFICE – BOND GENERALLY

Every officer of the City and his assistants, and every Alderman before entering upon the duties of his office shall take and subscribe to an oath or affirmation before some court of record in the County or the City Clerk, that he possesses all qualifications prescribed for his office by law; that he will support the Constitution of the United States and of this State, the provisions of all laws of this State affecting the City and the Code of Ordinances and other ordinances of the City; and faithfully demean himself while in office, which oath or affirmation shall be filed with the City Clerk.  Every officer of the City, when required by this Code or other law or ordinance, shall, within fifteen (15) days after his appointment or election, and before entering upon the discharge of the duties of his office, give bond to the City in such sum and with such sureties as may be designated by this Code or other ordinance, conditioned upon faithful performance of his duty, and that he will pay over all money belonging to the City and fully account for the same, as provided by law, that may come into his hands.  If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, or to give bond as herein required, his office shall be deemed vacant.  For any breach of condition of any such bond, suit may be instituted thereon by the City, or by any person in the name of the City to the use of such person. 

SECTION 105.080:             ADMINISTRATION OF OATHS

The Mayor, Municipal Judge and City Clerk are hereby empowered and authorized to administer oaths or affirmations in the following cases:

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

                2.            The Municipal Judge, to witnesses, jurors, or other persons relating to any trial or other proceedings within the jurisdiction of his court.

                3.            The City Clerk, to any person certifying to any demand or claim against the City concerning the correctness of the same and to administer oaths of office to the officers of the City.

SECTION 105.090:             VACANCIES IN CERTAIN OFFICES — HOW FILLED

If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected.  The successor shall serve until the next regular municipal election.  If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled.  (RSMo. §79.280)

 

 

ARTICLE III – MAYOR

SECTION 105.100:             HOW ELECTED, ETC.

The Chief Executive Officer of the City shall be the Mayor, who shall be elected by the qualified voters of the City, and shall hold his office for four (4) years, and until his successor shall be elected and qualified.  No person shall be Mayor unless he is at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his election.  (Ord. No. 609 §1, 11-4-99; Ord. No. 665 §1, 7-2-02)

SECTION 105.110:             STANDING COMMITTEES APPOINTED

The Mayor shall, at the first (1st) meeting of the Board of Aldermen after each annual election, name the members of such Standing Committees as he deems necessary, which shall consist of two (2) or more members of the Board of Aldermen.  (CC 1979 §21.210; Ord. No. 665 §1, 7-2-02)

SECTION 105.120:             PROCLAMATIONS, MEETINGS, ELECTIONS

The Mayor shall have the power to issue proclamations, call mass meetings and regular and special elections in such a manner as this Code or other ordinances or State law may provide.  (CC 1979 §21.220; Ord. No. 665 §1, 7-2-02)

SECTION 105.130:             MAY REMIT FINES, GRANT PARDONS, ETC.

The Mayor shall have the power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under this Code or other ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of the City by reason of any prosecution under the laws or ordinances of the City.  (CC 1979 §21.240; Ord. No. 665 §1, 7-2-02)

SECTION 105.140:             POWER TO ENFORCE LAWS

The Mayor shall be active and vigilant in enforcing all laws and this Code or other ordinances for the government of the City, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he is hereby authorized to call on every male inhabitant of the City who is over eighteen (18) and under fifty (50) years of age to aid in enforcing the laws.  (Ord. No. 665 §1, 7-2-02)

 

SECTION 105.150:             PRESIDING OVER BOARD OF ALDERMEN — VOTING RIGHTS — SUPERVISION OF CITY AFFAIRS

A.            Board Of Aldermen.  The Mayor shall have a seat in and preside over the Board of Aldermen, but shall not vote on any question, except in case of a tie, nor shall he preside or vote in cases when he is an interested party.

B.            City Management.  He shall exercise a general supervision over all the officers and affairs of the City, and shall take care that this Code or other ordinances of the City, and the State laws relating to such City, are complied with.  Upon recommendation of the City Clerk/Administrator, the Mayor shall make recommendations of removal of appointive officials, as defined in Section 105.040(2), to the Board of Aldermen. Appointive officials shall be removed from office as per Section 105.050.

C.            Annual Report.  The Mayor, with the assistance of the City Clerk/Administrator shall prepare and present to the Board of Aldermen 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 Board of Aldermen may require.

D.            Emergencies.  As per Section 125.185, when emergencies arise, the Mayor shall, in the case of accident, disaster or other circumstances creating a public emergency, have the power to award contracts and make purchases for the purpose of alleviating the emergency.  The Mayor shall file a report with the Board of Aldermen covering such emergency action, the necessity for same, together with an itemized accounting of all expenditures incurred.  (CC 1979 §21.270; Ord. No. 665 §1, 7-2-02)

SECTION 105.160:             BILLS TO BE SIGNED — MAYOR’S VETO

Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor’s objections thereto, shall stand reconsidered.  The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal, and proceed at its convenience, to consider the question pending, which shall be in this form: “Shall the bill pass, the objections of the Mayor thereto notwithstanding?.” The vote on this question shall be taken by “ayes” and “nays” and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk/Administrator, shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor.  The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen; the same shall become a law without his signature. (RSMO. §79.140; Ord. No. 665 §1, 7-2-02)

SECTION 105.170:             COMPENSATION

The Mayor shall receive such compensation for his services as shall from time to time be enacted by the Board of Aldermen, payable out of the general revenue of the City in such manner as the Board of Aldermen shall direct.  (CC 1979 §21.295; Ord. No. 665 §1, 7-2-02)

ARTICLE IV – CITY ATTORNEY

SECTION 105.180:             QUALIFICATIONS

No person shall be appointed to the office of City Attorney unless he be a licensed and practicing attorney at law in this State.  (CC 1979 §21.310)

SECTION 105.190:             DUTIES GENERALLY

The City Attorney shall, in addition to his other duties which are or may be required by this Code or other ordinance, and, when ordered by the Mayor or Board of Aldermen to do so, defend all suits and actions originating or pending in any court of this State, to which the City is a party, or in which the City is interested.

                1.            The City Attorney shall make, and he is hereby authorized and empowered to make, affidavits on behalf of the City in all cases where the same may be necessary in taking an appeal or change of venue or any other matter necessary to proper legal proceedings.

                2.            The City Attorney shall give his opinion to all City officials.

SECTION 105.200:             REPORT TO BOARD OF ALDERMEN

A.            The City Attorney shall attend all meetings of the Board of Aldermen unless excused by the Mayor or majority of the Board of Aldermen.  Any member of the Board of Aldermen may at any time call upon the City Attorney for an oral or written opinion to decide any question of law, but not to decide upon any parliamentary rules or to resolve any dispute over the propriety of proposed legislative action.

B.            The City Attorney shall report to the Board of Aldermen the condition of any matters pending or unsettled in the City Municipal Court, or any other proceeding pending in any other court of which he may have charge under orders of the Mayor or Board of Aldermen.  (CC 1979 §21.330)

SECTION 105.210:             TEMPORARY ABSENCE – ACTING CITY ATTORNEY

In case of absence, sickness or other inability of the City Attorney to attend court, or when, before assuming his official duties, he shall have been counsel adverse to the City, he shall inform the Mayor thereof, in writing, and the Mayor shall appoint some other attorney to represent the City in such cases, or during temporary absence, sickness or inability.  Should the City Attorney fail, neglect, or refuse to give such notice, as above provided, and the interests of the City in case of such failure, neglect or refusal, need the immediate services of an attorney, then the Mayor may appoint some other attorney to attend to such cases, who shall receive the compensation allowed to the City Attorney for like services.  (CC 1979 §21.340)SECTION 105.220:           COMPENSATION

A.            The City Attorney shall be allowed compensation such as from time to time shall be fixed by the Board of Aldermen.  The City Attorney shall not receive compensation contingent upon the outcome of any case in the Municipal Court.

B.            In the event of a case in which the City is interested being tried in any Circuit Court, Supreme Court or Court of Appeal, then the Board of Aldermen shall allow the City Attorney the usual and customary fees and necessary expenses allowed in like or similar cases.  (CC 1979 §21.350)

 

 

ARTICLE V – PROSECUTING ATTORNEY

SECTION 105.230:             QUALIFICATIONS

No person shall be appointed to the office of Prosecuting Attorney unless he be a licensed and practicing attorney at law in this State. 

SECTION 105.240:             DUTIES GENERALLY

The Prosecuting Attorney shall, in addition to his other duties which are or may be required by this Code or other ordinance, prepare all charges or complaints against any party, or parties, charged with violation of this Code or other ordinance of the City, and, when ordered by the Mayor or Board of Aldermen to do so, shall prosecute all suits and actions originating or pending in any court of this State, to which the City is a party, or in which the City is interested.

                1.            It shall be the duty of the Prosecuting Attorney to prosecute all persons charged with a violation of this Code or other ordinance of the City.

                2.            The Prosecuting Attorney shall make, and he is hereby authorized and empowered to make, affidavits on behalf of the City in all cases where the same may be necessary in taking an appeal or change of venue or any other matter necessary to proper legal proceedings.

                3.            The Prosecuting Attorney shall give his opinion to all City Officials.

 

 

ARTICLE VI – CITY CLERK

SECTION 105.250:             RESERVED

                                Editor’s Note–Ord. no. 595 §1, adopted June 3, 1999 repealed this section with no replacement provisions; former section 105.250 derived from cc 1979 §21.410.

SECTION 105.260:             DEPUTY CITY CLERK

A.            The Board of Aldermen may appoint a Deputy City Clerk who shall, upon temporary disability or inability of the City Clerk to perform his or her duties as set forth in this Code or other ordinances of the City Statutes of the State of Missouri due to illness, absence from the City or other cause, have the same powers and duties as the regular City Clerk and shall hold office until the disability or absence of the City Clerk is removed.

B.            The duties of the Deputy City Clerk shall be limited to those in the Revised Statutes of the State of Missouri and to provide support to the City Clerk/Administrator in those duties that relate to fund accounting and office management and the direction/ supervision of all clerical staff at both City Hall and the Police station as the Mayor and City Clerk/Administrator may choose to designate. In addition, the Deputy City Clerk shall be responsible for the bookkeeping and water billing of the City and daily operation/authorization of Municipal Court.

C.            The Deputy City Clerk shall receive as compensation such salary as set by the Mayor within the limits of the City budget at the time of the appointment of such officer.  (CC 1979 §21.440; Ord. No. 611 §1, 12-2-99; Ord. No. 735 §1, 7-7-05)

 

 

ARTICLE VII – CITY COLLECTOR

SECTION 105.270:             RESERVED

                                Editor’s Note–Ord. no. 595 §1, adopted June 3, 1999 repealed this section with no replacement provisions; former section 105.270 derived from cc 1979 §21.500 and ord. no. 593 §7, 5-6-99.

SECTION 105.280:             BOND

The City Collector of the City of Buckner shall, before entering upon the duties of Collector of said City, enter into good and sufficient bond, with at least two (2) free holders as security, to be approved by the Board of Aldermen, in the penal sum of one thousand dollars ($1,000.00), conditioned that he will faithfully discharge the duties of his office and pay over to the City Treasurer/Accountant all monies collected by him belonging to said City, in the manner prescribed by law and ordinance. Should the City Collector be covered by a blanket bond to the same extent, such individual bond(s) shall not be required.  (CC 1989 §21.520)

SECTION 105.290:             DUTIES GENERALLY

The Collector shall perform all the duties specified in this Code and shall perform such other duties as may be directed by the City Administrator and/or Mayor.

                1.            He shall promptly pay over to the Clerk, weekly, or as deemed necessary by Clerk, all monies collected by him or received by him from all sources which may be levied by law or ordinance to be collected, taking a receipt therefor, and a duplicate receipt which he shall file with the City Clerk; and see that all persons engaged in any business for which a license is required, take out such license. 

                2.            The City Collector shall report to the Board of Aldermen, at the regular meeting quarterly all taxes collected on the real and personal delinquent lists; and he shall pay the same into the City Treasury.  He shall turn over to his successor in office all uncollected delinquent lists.

                3.            It shall be the duty of the City Collector annually, on the meeting of the Board of Aldermen in April of each year, or as soon thereafter as may be necessary, to make out, under oath, lists of delinquent taxes remaining due and uncollected for each year, to be known as the “Land and Lot Delinquent List” and the “Personal Delinquent List.”

                4.            The Collector shall give to each person paying taxes, a receipt, showing the amount paid and on what land or property, and shall write opposite the name of each person in the tax-book in the proper column the word “paid” and the date of payment, and the receipt of the City Collector shall be as nearly practicable in form with the receipt required by law to be given by the County Collector.               5.            He shall, annually, at the first meeting of the Board of Aldermen, in June of each year, make a detailed report of all monies collectable by him during the year, and the amount thus collected and the number of the persons from whom he failed to collect, and the cause therefor, and perform such other duties as the nature of his office or any ordinance or regulation of the City may require.

                6.            The Collector shall perform all of his collection duties, including but not limited to, receipt of funds, issuance of tax receipts, and maintenance of records and books at the building and location known as the City Hall for the City of Buckner.  (CC 1979 §21.525; Ord. No. 437 §21.525(6), 3-6-86; Ord. No. 588 §1, 1-7-99)

                                Editor’s Note–Ord. no. 588 §1, adopted January 7, 1999 and passed by the electors in April, 1999, changed the office of collector from elected to appointed.  The editors have removed the last sentence of subsection (1) hereof to conform with new change.

SECTION 105.300:             COMPENSATION

The City Collector shall receive as compensation for his services such sum as may, from time to time, be fixed by ordinance.  (CC 1979 §21.530)

SECTION 105.310:             DEPUTY COLLECTOR

The Mayor may appoint a Deputy Collector to be approved by the Board of Aldermen, and when such Deputy Collector shall have taken and subscribed to the oath provided by this Code, he shall possess all the qualifications and powers and be charged with the same duties as the Collector.  (CC 1979 §21.540)

 

 

ARTICLE VIII – CITY TREASURER/ACCOUNTANT

SECTION 105.320:             RESERVED

                                Editor’s Note–Ord. no. 595 §1, adopted June 3, 1999 repealed this section with no replacement provisions; former section 105.320 derived from cc 1979 §21.705.

SECTION 105.330:  BOND

A.            Within fifteen (15) days after his appointment, and before entering upon the discharge of the duties of his office, the City Treasurer/Accountant shall execute to the City a bond in the sum of fifteen thousand dollars ($15,000.00), conditioned that he will faithfully perform all duties of his office as required by the laws of the State governing this City, and by this Code or other ordinances of the City, and that he will account for and promptly pay over all money coming into his possession that belongs to the City, at the time and in the manner provided by law.  Should the City Treasurer/Accountant be covered by a blanket bond to the same extent, such individual bond(s) shall not be required.

B.            The sureties, in case of personal bond, shall be worth in unencumbered real estate, after payment of all debts and liabilities for which they are legally responsible, at least double the amount of such bond.  (CC 1979 §21.720)

SECTION 105.340:             DUTIES GENERALLY

The Treasurer/Accountant shall receive and safely keep all money of the City which may come into his hands, and shall disburse the same only upon warrants properly drawn, and which are signed by the Mayor or City Administrator and attested by the City Clerk.  He shall keep, in a set of books provided for that purpose, a full and accurate account of all money received and disbursed by him on behalf of the City specifying the date of receipt or disbursement, from whom received, to whom disbursed and on what account received and disbursed.  He shall keep a separate account of each fund and appropriation, and the debits and credits belonging thereto.  He shall keep a register of all warrants paid into the treasury, describing such warrants by their date, number, name of payee and amount, specifying the time of receipt thereof, from whom received and on what account.  He shall issue duplicate receipts for all sums of money which may be paid into the treasury, specifying in such receipts the date of payment and upon what account paid.  One (1) of these receipts shall be given to the person making the payment and the other he shall file with the City Clerk who shall thereupon credit the person named in the receipt with the amount of his payment and charge the Treasurer/Accountant with the same.  On the last week of each month he shall furnish the City Clerk with a written statement showing the balance in the treasury at the beginning of the month, the amount received during the month and on what account received, the amounts disbursed during the month and on what account disbursed, and the balance remaining to the credit of each fund and constituting the general balance in the treasury at the close of business on the date when such statement is made as aforesaid.  He shall receive and safely keep all warrants, bonds and obligations of the City entrusted to his care and shall dispose of the same only upon proper authority from the Board of Aldermen, or as provided by this Code or other ordinance.  (CC 1979 §21.730)

SECTION 105.350:             BOOKS OF THE CITY

To the maximum extent practicable, the books of the City shall be kept in accordance with the Accounting Manual for Missouri Municipalities published by the Missouri Municipal League.  (CC 1979 §21.740)

SECTION 105.360:             SEMI-ANNUAL REPORT

He shall at the regular meeting of the Board of Aldermen in January and July of each year, report to the Board of Aldermen, the receipts and expenditures of the Treasurer/Accountant, amount of money on hand, the amount of bonds, if any, falling due, for which provision must be made to redeem.  (CC 1979 §21.750)

SECTION 105.370:             ACCESS TO OFFICERS’ BOOKS – CITY CLERK TO ENJOY SAME ACCESS

The City Treasurer/Accountant and City Clerk shall have free access to each other’s offices for the inspection of all books, accounts and papers which they respectively contain, and free access to all other offices of this City for the inspection of such books, accounts and papers as concern any of their duties.  (CC 1979 §21.760)

 

 

ARTICLE IX – CHIEF OF POLICE

SECTION 105.380:             CHIEF OF POLICE TO PERFORM DUTIES

The Chief of Police shall perform all duties required of the Marshal by law.  (CC 1979 §21.810)

 

 

ARTICLE X – CITY CLERK/ADMINISTRATOR

SECTION 105.390:             OFFICE OF CITY CLERK/ADMINISTRATOR

There is hereby created and established the office of City Clerk/Administrator for the City of Buckner, Missouri.  (Ord. No. 477 §1, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.400:             APPOINTMENT AND TENURE

A qualified person shall be appointed City Clerk/Administrator for the City of Buckner, Missouri, by a majority vote of the full Board of Aldermen, with the approval of the Mayor.  The person so appointed shall serve for a 1(one) year term.  (Ord. No. 477 §2, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.410:             POWERS OF MAYOR AND BOARD OF ALDERMEN RETAINED

A.            Except as otherwise provided in this Article, the Mayor and Board of Aldermen shall retain all the powers given to them by the laws applying to the City before the City Clerk/Administrator form of government was adopted, and all laws governing the City under its prior form of government and not inconsistent with the provisions of Sections 77.042 to 77.048, of the State Statute, shall apply to and govern the City after it adopts this form of government. All bylaws, ordinances, and resolutions lawfully passed and in force at the time the City Clerk/Administrator form of government is adopted shall remain in force until repealed or altered by the Board of Aldermen.

B.            The City Clerk/Administrator shall be the Chief Administrative Assistant to the Mayor and shall have general superintending control of the administration and management of the government business, officers and employees of the City, subject to the direction and supervision of the Mayor and/or the Board of Aldermen.  (595 §1, 6-3-99; Ord. No. 664 §1, 7-2-02)

SECTION 105.420:             BOND

The City Clerk/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 to be approved by the Board of Aldermen and such bond shall insure the City of Buckner, Missouri, for the faithful and honest performance of his duties.  The cost of such bond shall be paid by the City of Buckner, Missouri; however, should the City Clerk/Administrator be covered by a blanket bond to the same extent, such individual bond shall not be required.  (Ord. No. 477 §4, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.430:             COMPENSATION

The City Clerk/Administrator shall receive such compensation as may be determined from time to time by the Board of Aldermen.  (Ord. No. 477 §5, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

 

SECTION 105.440:             REMOVAL OF CITY CLERK/ADMINISTRATOR

The City Clerk/Administrator shall serve at the pleasure of the appointing authority.  The majority of the full Board of Aldermen may remove the City Clerk/Administrator from office at will.  (Ord. No. 477 §6, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.450:             DUTIES

A.            General.  The City Clerk/Administrator shall serve as Chief Fiscal and Administrative Officer of the City with responsibility for the City’s finances, including the collection, disbursement of all funds, and signing documents in accordance with fiscal policies and resolutions of the City to include the requirement for cosigning.  Any and all funds invested must be one hundred percent (100%) protected and insured against any possible loss of funds.

B.            Clerk.  The City Clerk/Administrator shall also serve as the City Clerk and shall have all the authority, rights and duties thereof, and perform those duties.

C.            Assistant to Mayor.  The City Clerk/Administrator shall be the Chief Administrative Assistant to the Mayor.  Except as otherwise specified by ordinance or by the laws of the State of Missouri, the City Clerk/Administrator shall coordinate and generally supervise the operation of all departments of the City of Buckner, Missouri.

D.            City Collector.  The City Clerk/Administrator shall have supervisory control over the functions of City Collector.

E.            Court Clerk.  The City Clerk/Administrator shall have supervisory control over the functions of the Court Clerk.

F.            City Treasurer/Accountant.  The City Clerk/Administrator is hereby designated as City Treasurer/Accountant.

G.           Purchasing.  The City Clerk/Administrator shall be the Purchasing Agent for the City of Buckner, Missouri, and shall insure that all purchases are made in accordance with purchasing rules and procedures in Chapter 125 as approved by the Board of Aldermen.

H.            Budget.  The City Clerk/Administrator shall be the Budget Officer of the City of Buckner, Missouri, 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 in cooperation with standing committees and department heads, embodying in it a budget document with proper supporting schedules and an analysis to be submitted to the Mayor, the Administration and Finance Committee, and Board of Aldermen for their final approval.  This information shall be presented to the Mayor, the Administration and Finance Committee, and Board of Aldermen in accordance with Section 120.080.

I.             Financial Reports.  The City Clerk/Administrator shall make quarterly reports to the Mayor, Board of Aldermen, and department heads relative to the financial condition of the City.  Such reports shall show expenditures on a monthly and year-to-date basis as well as the amount budgeted on a monthly and year-to-date basis.  The City Clerk/Administrator shall cause financial reports to be published as required by State law.

J.             Annual Report.  The City Clerk/Administrator shall assist the Mayor in the preparation of the 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 Board of Aldermen may require.  The audited financial statements shall be presented to the Board of Aldermen on or before the one hundred eightieth (180th) day after the close of the fiscal year.

K.            Personnel System.  The City Clerk/Administrator shall act as the Personnel Officer of the City and shall implement an appropriate position classification system and pay plan adopted by the Mayor and Board of Aldermen.  The City Clerk/Administrator, after consultation with department heads, may approve advancements and appropriate pay increases within the approved pay plans and position classification system.  The City Clerk/Administrator shall have the power to appoint, suspend, and remove, in accordance with personnel system regulations approved by the Board of Aldermen, all subordinate employees of the City with the exception of appointive officials, as defined in Section 105.040(2).  Appointive officials shall be removed from office as per Section 105.050.  The City Clerk/Administrator shall make recommendations of appointment and removal of appointive officials to the Mayor.

L.             Policy Formulation.  The City Clerk/Administrator shall recommend to the Mayor, appropriate committees and Board of Aldermen adoption of such measures as he may deem necessary or expedient for the health, safety, or welfare of the City or for the improvement of administrative services for the City, and shall administer said policies.

M.          Board Of Aldermen Agenda.  The City Clerk/Administrator shall submit to the Mayor and Board of Aldermen a proposed agenda for each Board of Aldermen meeting at least forty-eight (48) hours before the time of the regular Board meeting and said agenda shall be posted in accordance with the sunshine law of Missouri Section 610.020, RSMo.

N.           Boards And Commissions And Committees.  The City Clerk/Administrator shall work with all City Boards, Commissions and Committees as directed by the Mayor to help coordinate the work of each.

O.           Attend Board Of Aldermen Meetings.  The City Clerk/Administrator shall attend all meetings of the Board of Aldermen, unless excused therefrom, call the roll, keep the records, perform any and all other duties or functions prescribed by the Mayor and Board of Aldermen and take part in the discussion of all matters coming before the Board of Aldermen.  He shall give notice of all regular and special meetings of the Board of Aldermen.

P.            Bid Specifications.  The City Clerk/Administrator shall supervise the preparation of all bid specifications for services and equipment, and receive sealed bids for presentation to the Board of Aldermen.

Q.           State And Federal Aid Programs.  The City Clerk/Administrator shall coordinate Federal and State programs which may have application to the City of Buckner, Missouri.

R.            Conference Attendance.  The City Clerk/Administrator may attend State and regional conferences and programs applicable to his office, and the business of the City of Buckner, Missouri, whenever such attendance is directed and approved by the Mayor and Board of Aldermen.  Funds supplied by the City to reimburse the City Clerk/ Administrator for his expense will be in accordance with the travel reimbursement policy of the City.

S.            Press Releases.  The City Clerk/Administrator shall be responsible, with approval from the Mayor, for keeping the public informed in the purposes and methods of City Government through all available news media and all City press releases.

T.            Record Keeping.  The City Clerk/Administrator shall keep full and accurate records of all actions taken by him in the course of his duties, and he shall safely and properly keep all records and papers belonging to the City of Buckner, Missouri, and entrusted to his care that are deemed public records by the Statutes of the State; additionally, all official personnel records shall be maintained by the City Clerk/Administrator; all such records shall be and remain the property of the City of Buckner, Missouri.

U.           Ordinance Binding.  The City Clerk/Administrator shall periodically bind, or cause to be bound, all ordinances.

V.            Ordinance File.  The City Clerk/Administrator shall keep a numerical file of the original copies of all ordinance.

W.          Elections.  The City Clerk/Administrator shall be responsible for coordinating elections with Jackson County and processing all associated paperwork including election certifications.

X.            Emergency.  The City Clerk/Administrator shall, in the case of accident, disaster or other circumstances creating a public emergency, have the power to award contracts and make purchases for the purpose of alleviating the emergency when the Mayor or the Acting President of the Board of Aldermen cannot be contacted.  The City Clerk/Administrator shall notify the Mayor when possible and shall file a report with the Board of Aldermen covering such emergency action, the necessity for same, together with an itemized accounting of all expenditures incurred.

Y.            Miscellaneous.  In addition to the foregoing duties, the City Clerk/Administrator shall perform any and all other duties or functions prescribed by the Mayor and Board of Aldermen. (Ord. No. 477 §7, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

 

SECTION 105.460:             POWERS

A.            City Property.  The City Clerk/Administrator shall have responsibility for all real and personal property of the City of Buckner, Missouri.  The City Clerk/Administrator shall make or cause to be made an inventory of all personal property over fifteen hundred dollars ($1,500.00) annually, before December thirty-first (31st), and develop values for property in conjunction with department heads.  Personal property may be sold by the City Clerk/Administrator only with approval of the Board of Aldermen.  Real property may be sold only with the approval of the Board of Aldermen by resolution or ordinance.

B.            Recommendations And Representations.  The City Clerk/Administrator shall make recommendations on City capital improvements and equipment expenditures, recommend projects, assist in the selection of consultants, and direct and participate in negotiating easements.  He shall also represent the City’s interests with contractors and utilities, before the media and with other public jurisdictions, and shall lobby on the City’s behalf.

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

D.            Coordinate Departments.  The City Clerk/Administrator shall have the power to coordinate the work of all the departments of the City, and, at times of an emergency, shall have authority to assign the employees of the City to any department where they are needed for the most effective discharge of the functions of City Government.  In addition, he shall have the power to delegate tasks to any employee to accomplish his duties and the goals of the City.

E.            Complaints, Investigations And Reports.  The City Clerk/Administrator shall have the power to investigate and 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 required by the Mayor and Board of Aldermen.  The City Clerk/Administrator shall either handle or direct to the proper department head or other authority all complaints received by the City.  The City Clerk/Administrator shall demonstrate the ability to establish and maintain effective working relationships with City officials, department heads, employees, community and business representatives, the media, and the general public.

F.            Coordinate Officials.  The City Clerk/Administrator shall have the power to overrule any action taken by a department head, and may supersede him in the functions of his office.

G.           Bill And Ordinance Preparation. The City Attorney may prepare and/or review bills and ordinances at the direction of the City Clerk/Administrator, Mayor or Board of Aldermen. The City Clerk/Administrator shall prepare appropriate copies thereof.

H.            At no time shall the duties or powers of the City Clerk/Administrator supersede the action by the Mayor and Board of Aldermen.  (Ord. No. 477 §8, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

SECTION 105.470:             INTERFERENCE BY MEMBERS OF THE BOARD OF ALDERMEN

No individual member of the Board of Aldermen shall directly interfere with the conduct of any department or duties of employees subordinate to the City Clerk/Administrator.  (Ord. No. 477 §8, 1-4-90; Ord. No. 627 §1, 9-7-00; Ord. No. 664 §1, 7-2-02)

 

 

ARTICLE XI – HEALTH OFFICER

SECTION 105.480:             HEALTH OFFICER DESIGNATED

The Jackson County Health Officer or Supervisor of Public Works is hereby designated as the official Health Officer for the City of Buckner, Missouri, for all ordinances requiring such a designated official.

 

 

ARTICLE XII – WAGES AND SALARIES

SECTION 105.490:             COMPENSATION FOR CONTRACT EMPLOYEES

The Mayor or his/her designated representative is authorized to make recommendation of employment and hire the following persons at their respective premises, subject to vote of approval by the Board of Aldermen.

                1.            City Attorney                                                                     Negotiated Contract

                2.            Municipal Judge                                                               Negotiated Contract

                3.            City Prosecutor                                                 Negotiated Contract

(Ord. No. 631 §1, 10-5-00)

SECTIONS 105.500–105.510:        RESERVED

                                Editors Note–Ord. no. 631 §1, adopted October 5, 2000, repealed sections 105.500–105.510 with no replacement provisions; former sections 105.500–105.510 derived from CC 1999, §§105.500–105.510.

SECTION 105.520:             ANNUAL REVIEW OF SALARIES

The department heads shall annually review the salaries of all City employee under their supervision by June thirtieth (30th) of each year to consider changes in their salary based upon performance and the salary schedule on file in the Clerk’s office and make recommendations to the Mayor or his/her designated representative for approval.  The entire salary schedule for each group of employees will be reviewed yearly by the Budget Committee with recommendations submitted with the annual City budget to the Board of Aldermen.  Changes in the salary schedule shall be effective after the beginning of the next fiscal year (October first (1st) through September thirtieth (30th)).  Raises shall begin on October first (1st) of each year.  (Ord. No. 631 §1, 10-5-00; Ord. No. 745 §2, 6-1-06)

SECTION 105.530:             MAYOR’S SALARY AND COMPENSATION

The Mayor of the City of Buckner, Missouri, hereafter shall receive a sum as set by the Board of Aldermen from time to time, per year payable quarterly.  In addition to salary, the Mayor shall receive the further sum of forty dollars ($40.00) per meeting for each meeting of the Mayor and Board of Aldermen.  The Mayor shall also receive fifty dollars ($50.00) per month for travel and car expense, payable monthly.  These sums may be adjusted by vote of the Board of Aldermen.  Any such adjustment in salary shall be effective after the next general municipal election involving the position of Mayor.  (Ord. No. 631 §1, 10-5-00)SECTION 105.540:    BOARD OF ALDERMEN’S SALARY

The Board of Aldermen of the City of Buckner, Missouri, shall each receive as their compensation a sum per year as set by the Board of Aldermen from time to time, per year, payable quarterly plus the sum of forty dollars ($40.00) per meeting for each meeting of the Mayor and Board of Aldermen.  These sums may be adjusted by vote of the Board of Aldermen.  Any such adjustment in salary shall become effective following two (2) municipal general elections.  (CC 1979 §29.045; Ord. No. 463 §29.045, 4-14-88; Ord. No. 631 §1, 10-5-00)

SECTION 105.550:             CITY COLLECTOR’S SALARY OR COMPENSATION

The City Collector shall receive as his or her compensation a sum as set by the Board of Aldermen from time to time and said salary shall be due and payable annually.  (CC 1979 §29.050; Ord. No. 463 §29.050, 12-3-87; Ord. No. 691 §1, 1-2-03)

SECTION 105.560:             RESERVED

                                Editor’s Note–Ord. no. 631, adopted October 5, 2000, repealed section 105.560 with no replacement provisions; former section 105.560 derived from CC 1979 §29.055 and ord. no. 463 §29.055, 4-14-88.

SECTION 105.570:             CONTINUING EDUCATION REQUIREMENTS

Each employee of the City of Buckner, Missouri, may be required to attend additional education or seminar programs as a condition of their continued employment.  Such attendance and participation in such education or seminar programs will be at the discretion of the Mayor, Board of Aldermen, City Administrator and/or Department Head of the individual department in which such employee works.

 

 

CHAPTER 110:

BOARD OF ALDERMEN

 

 

ARTICLE I – GENERAL PROVISIONS

SECTION 110.010:             REGULAR MEETINGS

The Board of Aldermen of this City shall normally meet in regular session in the Council Chambers at City Hall at the hour of 7:00 P.M. on the first (1st) Thursday of each month or at such other date, place and time as provided by notice and shall meet at least one (1) time in a regular session at least one (1) time per calendar month.  Further, the Board of Aldermen shall normally meet in a study session in the Council Chambers at City Hall at the hour of 7:00 P.M. on the third (3^rd) Thursday of each month or at such other date, place and time as is provided by notice.  Each study session of the Board of Aldermen shall not be considered as a meeting of the Board of Aldermen for the purpose of compensating the Mayor and Aldermen as set forth in Sections 105.530 and 105.540.  (Ord. No. 572 §1, 5-7-98)

SECTION 110.020:             SPECIAL MEETINGS

Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk, who shall thereupon prepare a notice of such special meeting, stating time, place and object thereof, which notice shall be served personally upon each member of the Board or left at his usual place of residence at least twelve (12) hours before the time of the meeting. It shall also be the duty of the City Administrator and City Clerk, immediately upon receipt of the request for the meeting, to make diligent effort to notify each member of the Board in person, either by telephone or otherwise, of such special session.

                1.            The City Clerk shall make a diligent effort to notify those members of the mass media who customarily attend meetings of the Board of Aldermen of the special session, in the same manner as described above.

                2.            Failure to comply with the requirements of this Section shall not invalidate any action taken at a special meeting of the Board of Aldermen.  (CC 1979 §24.020)

SECTION 110.030:             QUORUM

A quorum of the Board of Aldermen shall consist of a majority of the full membership.  (CC 1979 §24.030)

SECTION 110.040:             COMPELLING ATTENDANCE

In case that a lesser number than a quorum shall convene at a regular or special meeting of the Board of Aldermen, the majority of the members present are authorized to direct the Chief of Police or other City officer to send for and compel the attendance of any or all absent members upon such terms and conditions and at such time as such majority of the members present shall agree.  (CC 1979 §24.040)SECTION 110.050:          DUTIES OF MAYOR AS PRESIDENT OF BOARD

A.            At the hour designated for Board meetings the Mayor shall call the Board of Aldermen to order, and he shall act as President of the Board.

B.            The Mayor shall appoint all committees, subject to the concurrence of the Board of Aldermen, the appointment or election of which is not otherwise provided for by this Code or other ordinance.  (CC 1979 §24.050)

SECTION 110.060:             ACTING PRESIDENT–ELECTION

The Board shall elect one (1) of their own number who shall be styled “Acting President of the Board of Aldermen” and who shall serve for a term of one (1) year.  (RSMo. §79.090)

SECTION 110.070:             ACTING PRESIDENT TO PERFORM DUTIES OF MAYOR–WHEN

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 Acting President of the Board of Aldermen 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’s return.  (RSMo. §79.100)

SECTION 110.080:             RULES OF ORDER

Except as otherwise provided by law or ordinance, the proceedings of the Board of Aldermen shall be controlled by Robert’s Rules of Order, as revised. (CC 1979 §24.065)

SECTION 110.090:             DECORUM

The Presiding Officer of the Board of Aldermen shall preserve decorum and shall decide all questions of order subject to appeal to the Board of Aldermen.  Any member may appeal to the Board from a ruling of the Presiding Officer upon a question of order.  If the motion for an appeal is seconded, the member making the appeal may briefly state his reason for the same and the Presiding Officer may briefly express his ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion.  The Presiding Officer shall then put the question to vote as to whether the decision of the chair shall be sustained.  If a majority of the members present vote “aye”, the ruling of the chair is sustained; otherwise, it is overruled.  (CC 1979 §24.070)

SECTION 110.100              VOTING

Every member of the Board shall vote upon every question and when requested by any member the vote upon any question shall be taken by “ayes” and “nays” and be recorded, except that no member may vote upon any question in which he has an interest, which might create a conflict of interest.  (CC 1979 §24.075)

 

SECTION 110.110:             ORDER OF BUSINESS

At the meetings of the Board of Aldermen, the order of business shall be as follows:

                1.            Call the meeting to order.

                2.            Pledge of allegiance.

                3.            Minutes of last meeting.

                4.            Public comments.

                5.            Consent agenda.

                6.            Unfinished business.

                7.            New business.  (CC 1979 §24.090; Ord. No. 571 §1, 5-7-98; Ord. No. 579 §1, 9-3-98)

SECTION 110.120:             EXPRESSION OF DISSENT OR PROTEST BY MEMBER

Any member of the Board of Aldermen shall have the right to express dissent from or protest against any ordinance or resolution of the Board and to have the reason there for entered upon the journal.  Such dissent or protest shall be filed in writing and presented to the Board of Aldermen not later than the next regular meeting following the date of the passage of the ordinance or resolution to which objection is taken.  (CC 1979 §24.100)

SECTION 110.130:             PUBLIC MEETINGS

All meetings of the Board shall be open to the public, except when permitted by law the Board may hold a closed meeting.  (CC 1979 §24.110)

SECTION 110.140:             WHEN BILLS MAY BE AMENDED

Any bill shall be subject to amendment until the vote upon final passage.  (CC 1979 §24.140)

SECTION 110.150:             RECORDATION OF “AYES” AND “NAYS” ON FINAL PASSAGE

On the final passage of every ordinance, the “ayes” and “nays” shall be recorded in the record.  (CC 1979 §24.150)

SECTION 110.160:             SPECIAL COMMITTEES

All Special Committees shall be appointed by the Mayor of the City unless otherwise ordered by a majority of the Board.  By consent of a majority of the Board, a Special Committee may be appointed at any time to hold public hearings for the Board upon any matter pending before it.  A Special Committee is a committee composed of members of the Board of Aldermen; the concurrence of the Board shall not be required as to the membership of the Special Committee, unless the Board shall order otherwise.  (CC 1979 §24.160)

SECTION 110.170:             JOURNAL TO BE KEPT

The Board of Aldermen shall cause to be kept a journal of its proceedings, and the “ayes” and “nays” shall be entered on any question at the request of any member.  (CC 1979 §24.170)

SECTION 110.180:             RULES OF PROCEDURE

The Board of Aldermen may by resolution prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business, but such rules shall not contravene the requirements of this Code or other ordinance.  (CC 1979 §24.180)

SECTION 110.190:             ATTENDANCE AND OATH OF WITNESSES — FEE FOR EXECUTION OF PROCESS

The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved, and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process.  Such officer (other than a City officer) shall receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City.  The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.  (CC 1979 §24.190)

SECTION 110.200:             AMENDMENT OR SUSPENSION OF RULES

Any rule of the Board may be repealed, altered or amended by majority consent of the members.  Every amendment offered shall lie on the table until the next meeting of the Board before being voted upon except by the unanimous consent of all elected members of the Board of Aldermen (including the Mayor).  Any rule may be suspended by unanimous consent of the members of the Board, or quorum being present by unanimous consent.  (CC 1979 §24.200; Ord. No. 690 §1, 1-2-03)

SECTION 110.210:             ABSENCES FROM REGULAR OR SPECIAL MEETINGS

The Mayor or any member of the Board of Aldermen who is absent from a regular or special meeting of the Board shall not receive compensation as set out in Sections 105.530 and 105.540 herein.  The Mayor or any member of the Board of Aldermen who is late to a regular or special meeting of the Board of Aldermen for one (1) hour or more is considered absent for the purpose of compensation.  (CC 1979 §24.210)

 

 

ARTICLE II – CLOSED MEETINGS, RECORDS, VOTES

SECTION 110.220:             DEFINITIONS

As used in this Article unless the context otherwise indicates, the following terms mean:

CLOSED MEETING, CLOSED RECORD, OR CLOSED VOTES:  Any meeting, record, or vote closed to the public.

PUBLIC GOVERNMENTAL BODY:  Any legislative or administrative governmental entity created by the Constitution or Statutes of this State, by order or ordinance of any political subdivision or district, or by executive order, including any body, agency, board, bureau, council, commission, committee, board of regents or board of curators of any institution of higher education, supported in whole or in part from State funds, advisory committee or commission appointed by the Governor by executive order, department or division of the State, of any political subdivision of the State, of any County or of any Municipal Government, school district or special purpose district, any legislative or administrative governmental deliberative body under the direction of three (3) or more elected or appointed members having rulemaking or quasi-judicial power, any committee appointed by or under the direction or authority of any of the above-named entities and which is authorized to report to any of the above-named entities, and any quasi-public governmental body.  The term “quasi-public governmental body” means any corporation organized or authorized to do business in this State under the provisions of RSMo. Chapters 352, 353, or 355, or unincorporated association which (1) performs a public function, and which (2) has as its primary purpose to enter into contracts with public governmental bodies, or to engage primarily in activities carried out pursuant to an agreement or agreements with public governmental bodies; except urban redevelopment corporations organized or authorized to do business under the provisions of RSMo. Chapter 353, which are privately owned, operated for profit, and do not expend public funds.

PUBLIC MEETING:  Any meeting of a public governmental body subject to RSMo. Sections 610.010 to 610.030 at which any public business is discussed, decided, or public policy formulated.  The term “public meeting” shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of State law.

PUBLIC RECORD:  Any record retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared and presented to the public governmental body by a consultant or other professional service paid for in whole or in part by public funds.

PUBLIC VOTE:  Any vote cast at any public meeting of any public governmental body.  (CC 1979 §24.220; Ord. No. 457 §1, 11-5-87)

SECTION 110.230:             CLOSURE TO THE PUBLIC OF CERTAIN MEETINGS, RECORDS AND VOTES

Except to the extent disclosure is otherwise required by law and subject to additional actions on the part of the City of Buckner, Missouri as may be required by law.

1.        All meetings, records, and votes of the City of Buckner or its governmental bodies are closed to the public, to the extent they relate to the following:

 

                a.            Legal actions, causes of action, or litigation involving the City of Buckner, Missouri or any public governmental body of the City and any confidential or privileged communications between the City of Buckner, Missouri and its public governmental bodies or their representatives and their attorneys.  However, any vote relating to litigation involving the City of Buckner, Missouri or its public governmental bodies shall be made public upon final disposition of the matter voted on; provided, however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action.  Legal work product shall be considered a closed record.

                b.            Lease, purchase, or sale of real estate by the City of Buckner, Missouri or its public governmental bodies where public knowledge of the transaction might adversely affect the legal consideration therefore.  However, any vote or public record approving a contract relating to the lease, purchase, or sale of real estate by the City of Buckner, Missouri or its public governmental bodies shall be made public upon execution of the lease, purchase, or sale of the real estate.

                c.             Hiring, firing, disciplining, or promoting an employee of the City of Buckner, Missouri or its public governmental bodies when personal information about a Public Employee is discussed or recorded.  However, any vote on a final decision, when taken, by the City of Buckner, Missouri or its public governmental bodies, to hire, fire, promote, or discipline an employee of the City of Buckner or its public governmental bodies must be made available to the public with a record of how each member voted within seventy-two (72) hours of the close of the meeting where such action occurs; provided, however, that any employee so affected shall be entitled to prompt notice before such decision is made available to the public.

                d.            Non-judicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis or treatment.

                e.            Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again. 

f.          Welfare cases if identifiable individuals.

                g.            Preparation, including any discussions or work product, on behalf of the City of Buckner, Missouri or its public governmental bodies or their representatives, for negotiations with employee groups.

                h.            Software codes for electronic data processing and documentation thereof.

                i.              Specifications for competitive bidding, until either the specifications are officially approved by the City of Buckner, Missouri or its public governmental bodies or the specifications are published for bid.

                j.             Sealed bids and related documents, until the earlier of either when the bids are opened, or all bids are accepted, or all bids are rejected.

                k.            Individually identifiable personnel records, performance ratings, or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries, and lengths of service of officers and employees of the City of Buckner, Missouri and its public governmental bodies, once they are employed as such.

                l.              Records that are protected from disclosure by law.

                m.           Meetings and public records relating to the scientific and technological innovations in which the owner has a proprietary interest.

                n.        Confidential or privileged communications between the City of Buckner, Missouri or its public governmental bodies and its auditor, including all auditor work product.

                o.        Operational guidelines and policies developed, adopted, or maintained by the City of Buckner, Missouri or any public agency responsible for law enforcement, public safety, first response, or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health.  Nothing in this exception shall be deemed to close information regarding expenditures, purchased, or contracts made by the City of Buckner, Missouri or any public agency responsible for law enforcement in implementing these guidelines or policies.  When seeking to close information pursuant to this exception, the City of Buckner, Missouri or any public agency responsible for law enforcement shall affirmatively state in writing that disclosure would impair its ability to protect the safety or health of persons, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the record.  This exception shall sunset of December 31, 2008.

                p.        Existing or proposed security systems and structural plans of real property owned or leased by the City of Buckner, Missouri or its public governmental bodies, and information that is voluntarily submitted by a non-public entity owning or operating an infrastructure to the City of Buckner, Missouri or its public governmental bodies for use by that body to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety.

                          Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open.

                          When seeking to close information pursuant to this exception, the City of Buckner, Missouri or its public governmental bodies shall affirmatively state in writing that disclosure would impair the City of Buckner, Missouri or its public governmental bodies ability to protect the security of safety of persons or real property, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure or the records.

                         Records that are voluntarily submitted by a non-public entity shall be reviewed within ninety (90) days of submission to determine if retention of the document is necessary in furtherance of a security interest.  If retention is not necessary, the documents shall be returned to the non-public entity or destroyed.

                q.      Records that identify the configuration of components or the operation of a computer, computer system, computer network, or telecommunications network, and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network, or telecommunications network of the City of Buckner, Missouri or its public governmental bodies.  This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or database containing public records.  Records related to the procurement of or expenditures relating to such computer, computer system, computer network, or telecommunications network, including the amount of money paid by, or on behalf of, the City of Buckner, Missouri or its public governmental bodies for such computer, computer system, computer network, or telecommunications network shall be open.

                r.      Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between the City of Buckner, Missouri or its public governmental bodies and a person or entity doing business with the City of Buckner, Missouri or its public governmental bodies.  Nothing in this section shall be deemed to close the record of a person or entity using a credit card held in the name of the City of Buckner, Missouri or its public governmental bodies or any record of a transaction made by a person using a credit card or other method of payment for which reimbursement is made by the City of Buckner, Missouri or its public governmental bodies.

 

                2.      All records that may be closed hereby are deemed closed records unless the City of Buckner, Missouri or its public governmental bodies vote to make them public.  Before closing a meeting to the public, a majority of a quorum of the governmental body must vote to do so in a public vote.  The vote of each member of the governmental body on the question of closing the meeting or vote and the reason for closing the meeting by reference to a specific exception shall be announced at a public meeting and entered into the minutes. 

 

                3.      The governmental body shall give notice of the time, date and place of a closed meeting and the reason for holding it by reference to a specific exception.  The notice shall be the same as in four (4) below.  No other business may be discussed in a closed meeting that does not directly relate to the specific reason announced to close the meeting to the public.  The City of Buckner, Missouri or its public governmental bodies holding a closed meeting must close only an existing portion of the meeting facility necessary to house the members of the City of Buckner, Missouri of its public governmental bodies in the closed session, allowing members of the public to remain to attend any subsequent open session held by the public governmental body following the closed session.

 

                4.     The City of Buckner, Missouri or its public governmental bodies shall give notice of the time, date, place and tentative agenda of each meeting.  The notice shall be placed on the appropriate bulletin board at City Hall at least 24 hours exclusive of weekends and holidays, prior to the meeting.  If an emergency makes it impossible to give 24 hours notice, the reason must be reflected in the minutes.  Notice also shall be given to any representative of the news media who requests notice of a particular meeting.

 

                5.     Each meeting shall be held at a place reasonably accessible to the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical.  When it is necessary to hold a meeting on less than twenty-four (24) hours notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.

 

                6.     A formally constituted subunit of the City of Buckner, Missouri or its public governmental bodies may conduct a meeting without notice during a lawful meeting of the City of Buckner, Missouri or its public governmental bodies, a recess in that meeting, or immediately following that meeting of the subunit is publicly announced at the City of Buckner, Missouri or its public governmental bodies meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the City of Buckner, Missouri or its public governmental bodies. 

 

                7.     The City of Buckner, Missouri or its public governmental bodies shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting.  The City of Buckner, Missouri or its public governmental bodies may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting.  No audio recording of any meeting, record, or vote closed pursuant to the provisions of section 610.021 shall be permitted without permission of the City of Buckner, Missouri or its public governmental bodies; any person who violates this provision shall be guilty of a class C misdemeanor.

 

                8.     Any member of the City of Buckner, Missouri or its public governmental bodies who transmits any message relating to public business by electronic means shall also concurrently transmit that message to either the member’s public office computer or the custodian of records in the in the same format.  The provisions of this section shall only apply to messages sent to two or more members of the body so that, when counting the sender, a majority of the body’s members are copied.  Any such message received by the custodian or at the member’s office computer shall be a public record subject to the exceptions above,

 

                9.     The City Administrator shall be the custodian of records and will be responsible for maintenance and control of all records.  The Custodian shall provide public access to all public records as soon as possible but no later than the third business day following the date the request is received by the custodian,  If additional delay is necessary, the custodian shall give an explanation for the delay and the date the record will be available for inspection.

 

                If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial.  Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date the request for the statement is received.

 

                The custodian shall charge ten (10) cents per page (9 by 14 inches paper), duplicating time (not to exceed average hourly rate for clerical staff), and the actual cost of research time.  The custodian shall receive payment prior to duplicating copies.

 

                Fees for providing access to public records maintained on computer facilities, recording, tape, or disks, videotapes or films, pictures, maps slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies larger than nine by fourteen inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the City of Buckner, Missouri or its public governmental bodies required for making copies and programming, if necessary, and the cost of the disk, tape, or other medium used for the duplication.  Fees for maps, blueprints, or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints, or plats.  If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual costs of such programming.

 

SECTION 110.240:             REASONABLE FEES ESTABLISHED FOR PROVIDING ACCESS TO OR COPIES OF PUBLIC RECORDS

                A.  Fees for copying public records, except those records restricted under Section 32.091, RSMo., shall not exceed ten cents ($0.10) per page for a copy not larger than nine (9) by fourteen (14) inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the City of Buckner, Missouri or its public governmental bodies.  Research time required for fulfilling records requests may be charged at the actual cost of research time.  Based on the scope of the request, the City of Buckner, Missouri or its public governmental bodies shall produce the copies using employees of the City that result in the lowest amount of charges for search, research, and duplication time.  Prior to producing copies of the requested records, the person requesting the records may request the City to provide an estimate of the cost to the person requesting the records.  Documents may be furnished without charge or at a reduced charge when the City determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the City of Buckner, Missouri or its public governmental bodies and is not primarily in the commercial interest of the requester. 

 

                B.  Fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies, larger than nine (9) by fourteen (14) inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the City of Buckner, Missouri or its public governmental bodies required for making copies and programming, if necessary, and the cost of the disk, tape or other medium used for the duplication.  Fees for maps, blueprints or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints or plats.  If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual cost of such programming.

 

                All monies received by the City of Buckner, Missouri or its public governmental bodies will be paid over to the City Clerk or his/her designee to be deposited in the City’s General Fund.  (CC 1979 §24.220; Ord. No. 457 §4, 11-5-87)

 

SECTION 110.250:             WRITTEN POLICY STATEMENT AUTHORIZED

The Mayor, the City Administrator, the City Attorney, and other City officials are hereby authorized to draft and implement a written policy concerning the provision of information on records, meetings, and votes, in compliance with State law.  Such written policy may be implemented by said City officials and reviewed by the Board of Aldermen from time to time.  (CC 1979 §24.220; Ord. No. 457 §5, 11-5-87)

CHAPTER 115:

GENERAL AND SPECIAL ELECTIONS

 

 

                                Cross Reference–As to filling vacancies in election office, see §105.090 of this code.

SECTION 115.010:             DATE OF GENERAL ELECTION

A general election for the elective officers of this City shall be held on the first (1st) Tuesday in April of each year in accordance with Section 115.030 of this Chapter.

                1.            On the first (1st) Tuesday in April of even-numbered years, an election shall be held by the qualified voters of each Ward in the City for Mayor and for one (1) Alderman for each Ward who shall hold their respective offices for the term of four (4) years and until their successors shall be elected and qualified.

                2.            On the first (1st) Tuesday in April of odd-numbered years, an election shall be held by the qualified voters of each Ward of this City for one (1) Alderman for each Ward who shall hold their respective offices for the term of four (4) years and until their successors shall be elected and qualified.  (CC 1979 §31.010; Ord. No. 460 §31.010, 1-7-88; Ord. No. 587 §1, 1-7-99; Ord. No. 588 §1, 1-7-99; Ord. No. 608 §1, 11-4-99)

                                Editor’s Note–Ord. no. 587 §1, adopted January 7, 1999, and passed in the election of April, 1999, changed the term of Aldermen from 2 years to 4 years. At the editor’s discretion we have changed the above language to reflect that change. Additionally, ord. no. 588 §1, adopted January 7, 1999, and passed in the election of April, 1999, changed the Collector from an elected to an appointed office, as a result of that change we have removed Collector from the listing of elected officials in Subsection (1) hereof.

SECTION 115.020:             FILING OF CANDIDATES

Any candidate for office at any general election may file for such office from the fifteenth (15th) Tuesday prior to the election each year until 5:00 P.M. on the eleventh (11th) Tuesday prior to the election.  The candidate shall notify the City Clerk in writing of his or her candidacy giving his or her name, residence address, the office for which he or she is a candidate and if a candidate has all of the qualifications provided by law for the office for which he or she is a candidate.  (CC 1979 §31.020; Ord. No. 460 §31.020, 1-7-88; Ord. No. 546 §115.020, 8-1-96)

SECTION 115.030:             CONDUCT OF ELECTIONS

The Jackson County Board of Election Commissioners shall conduct all elections occurring within the City of Buckner, Missouri, and the City Clerk shall certify the names to the Board of Election Commissioners no later than the tenth (10th) Tuesday prior to election.  (CC 1979 §31.040; Ord. No. 460 §31.040, 1-7-88; Ord. No. 546 §115.030, 8-1-96)

 

 

CHAPTER 120:

FINANCES AND RECORDS

 

 

ARTICLE I – FISCAL YEAR

SECTION 120.010:             FISCAL YEAR

The fiscal year of this City shall begin on October first (1st), and end on September thirtieth (30th) of the next succeeding year.  (CC 1979 §22.010; CC 1979 §22.160; Ord. No. 585 §1, 11-5-98)

 

 

ARTICLE II – BUDGET

SECTION 120.020:             BUDGET REQUIRED

Prior to the commencement of each fiscal year, a budget for the City shall be prepared, and the same will be presented to and approved by the Board of Aldermen.  The format of the budget is on file in the office of the City Clerk.  (CC 1979 §22.100)

SECTION 120.030:             BUDGET CONTENTS

The annual budget shall present a complete financial plan for the next fiscal year.  The following shall be included in the budget:

                1.            A budget message to describe the important features of the budget and to point out any major changes from the previous year.

                2.            An estimate of revenues which are expected to be received during the next year from all sources, plus a comparative statement of the revenues for the previous two (2) budget years.  These comparisons shall be shown by year, fund, and source.

                3.            An estimate of the expenditures that are proposed for each department office, Commission and other classification for the budget year, plus a comparative statement of actual or estimated expenditures for the previous two (2) years.  These comparisons should be shown by year, fund, activity, and object.

                4.            The amount of money required to pay any interest, amortization, or redemption charges which the Municipality will owe during the budget year.

                5.            A general summary of the total proposed budget.  (CC 1979 §22.110)

SECTION 120.040:             BUDGET OFFICER

The Budget Officer for this City shall be the City Administrator.  It is the responsibility of the Budget Officer to prepare the budget after reviewing expenditure requests and revenue estimates with other City officers.  The Budget Officer shall submit the completed budget and supporting schedules and exhibits to the Mayor, who shall present the same to the Board of Aldermen.  (CC 1979 §22.120)

SECTION 120.050:             MAYOR TO SUPERVISE

The Budget Officer shall prepare the City budget under the direction of the Mayor.  The Mayor shall concur in the budget prior to its submission to the Board of Aldermen.  (CC 1979 §22.130)

SECTION 120.060:             EXPENDITURES LIMITED

Expenditure estimates in the budget shall not be larger in amount than the total anticipated revenue for the budget year, plus any surplus from the previous year or less any deficit from the previous year.  (CC 1979 §22.140)

SECTION 120.070:             DEBT LIMITED

The City shall not incur any debts which aggregate an amount greater than the anticipated revenues for the budget year, without the approval of the voters of the City, as required by law, plus any unencumbered balances from the previous year.  (CC 1979 §22.150)

SECTION 120.080:             BUDGET CALENDAR

A.            The Administration and Finance Committee of the Board of Aldermen will, at the direction of the Mayor who is the Budget Officer, oversee the budget process.

B.            During January, the Administration and Finance Committee will prepare a budget calendar for the current year.  This calendar will reflect the City ordinance and identify significant dates and outline the process through budget adoption and implementation.

C.            During February, the budget documents, including instructions, will be distributed by the Administration and Finance Committee to all of the departments.  Each of the departments will prepare their individual expenditure budgets and capital reserve budgets.  The Administration and Finance Committee will prepare revenue estimates for the next fiscal year.

D.            During April, department heads will submit their budget requests to the Administration and Finance Committee.  A department head/Mayor workshop will be held to discuss and prioritize expenditure proposals.

E.            During May, the Administration and Finance Committee will review the wage schedule in accordance with Section 105.520 of the City Code.

F.            During June, the Mayor will meet with each department head and the Administration and Finance Committee to review the budget requests.  Based on these meetings, the Mayor will submit a proposed budget to the Board of Aldermen.

G.           The Mayor and Board of Aldermen will hold a budget workshop to review the entire proposed budget.  This meeting is not a “hearing” and need only comply with the Sunshine Law of the State of Missouri in relation to open meetings.

H.            Before the first (1st) Board of Aldermen meeting in September, the Mayor and Board of Aldermen will hold a public hearing on the proposed budget.

I.             At the first (1st) Board of Aldermen meeting in September, or by Special Session thereafter, the Mayor and Board of Aldermen will approve and appropriate the budget by ordinance.  This meeting is not a “hearing,” it need only comply with the Sunshine Law of the State of Missouri in relation to open meetings.

J.             The budget will go into effect the first (1st) day of October.  (CC 1979 §22.160; Ord. No. 592 §1, 2-4-99; Ord. No. 647 §1, 9-6-01)

SECTION 120.090:             BUDGET PROCEDURES

To the maximum extent practicable, and to the extent it does not conflict with State law, this Code, or other ordinance, the budget shall be prepared in accordance with A Guide to Budgeting for Missouri Municipalities, published by the Missouri Municipal League.  (CC 1979 §22.170)

 

 

ARTICLE III – RECORDS MANAGEMENT

SECTION 120.100:             CITY CLERK KEEP RECORDS

The records of the City shall be kept in the custody of the City Clerk.

                1.            As used in this Article, the word “record” or “records” shall mean any document, book, paper, photograph, map, sound recording or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business.  Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in this Article, and are hereinafter designated as “non-record” materials.

                2.            The City Clerk may delegate to a subordinate or to another City official authority to have temporary custody of City records, after satisfying himself as to the safety of said records.  (CC 1979 §22.200)

SECTION 120.110:             DESTRUCTION OF RECORDS AND NON-RECORD MATERIALS

All records made or received by or under the authority of or coming into the custody, control or possession of local officials in the course of their public duties are the property of the City and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part, except as provided by law.

                1.            No record shall be destroyed or otherwise disposed of unless it is determined that the record has no further administrative, legal, fiscal, research or historical value.

                2.            Non-record materials or materials not included within the definition of records may, if not otherwise prohibited by law, be destroyed at any time, if same have the approval of the Missouri Local Records Board.

                3.            Records of the City may be disposed of or destroyed without the approval of the Missouri Local Records Board, if the same is permitted by the State Municipal Records Manual.  Records may be retained for a period of time longer than the minimum retention period required by the State Municipal Records Manual, at the discretion of the City Clerk.  (CC 1979 §22.210)

SECTION 120.120:             DISPOSAL OF CONFISCATED OR ABANDONED PROPERTY

All personal property coming into the custody, control, or possession of the City of Buckner, Missouri, or its officers, either by abandonment or confiscation, which remains unclaimed by the owner thereof for a period of one (1) year shall be disposed of by public auction or otherwise as determined by the Board of Aldermen.  (CC 1979 §22.220; Ord. No. 372 §22.220, 5-1-80)

 

 

ARTICLE IV – TAXATION

SECTION 120.125:             CITY SALES TAX

Pursuant to the authority granted by and subject to the provisions of Sections 94.500 to 94.570, RSMo., a tax for general revenue purposes is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in Sections 144.010 to 144.510, RSMo., and the rules and regulations of the Director of Revenue issued pursuant thereto.  The rate of the tax shall be one percent (1%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within Buckner, Missouri, if such property and taxable services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.510, RSMo. The tax shall be collected pursuant to the provisions of Sections 94.500 to 94.570, RSMo. (Ord. No. 294 §1, 9-10-75)

SECTION 120.130:             CAPITAL IMPROVEMENTS TAX

There is hereby established a sales tax of one-half (½) of one percent (1%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of Buckner for the purposes of funding capital improvements, including the operation and maintenance of capital improvements, which may include the retirement of debt or other obligations previously authorized by the City, as authorized under Section 94.577.1, RSMo.  (Ord. No. 541 §§1–2, 5-2-96)

SECTION 120.140:             USE TAX FOR PARK FUND CAPITAL IMPROVEMENT PURPOSES

A.            Pursuant to the authority granted by, and subject to, the provisions of Sections 144.600 through 144.761 RSMo., a use tax for park fund capital improvement purposes is imposed for the privilege of storing, using or consuming within the City any article of tangible personal property.  This tax does not apply with respect to the storage, use or consumption of any article of tangible personal property purchased, produced or manufactured outside this State until the transportation of the article has finally come to rest within this City or until the article has become commingled with the general mass of property of this City.

B.            The rate of the tax shall be fifteen thousandths of one dollar.  If any City sales tax is repealed or the rate thereof is reduced or raised by voter approval, the City use tax rate also shall be deemed to be repealed, reduced or raised by the same action repealing, reducing or raising the City sales tax.  (Ord. No. 618 §§1–2, 5-11-00)

SECTION 120.150:             SALES TAX FOR TRANSPORTATION PURPOSES

There is hereby established a sales tax of one-half of one percent (0.5%) for transportation purposes.  (Ord. No. 731 §§1–3, 6-2-05)

 

 

 

 

CHAPTER 125:

PROCUREMENT, CONFLICT OF INTEREST

 

 

ARTICLE I – PROCEDURE

SECTION 125.010:             PURCHASES LIMITED

No person shall procure for the City any supplies or services without first obtaining a purchase order from the Mayor or the City Clerk/Administrator, and submitting it to the vendor of the supplies or services.  The City will not be obligated to accept or pay for any supplies or services procured without such a purchase order.  (CC 1979 §25.010; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.020:             PURCHASE ORDER ISSUED WHEN

Purchase orders shall not be issued unless authorized below:

                1.            The Mayor or the City Clerk/Administrator may issue a purchase order for an item, the cost of which is less than one thousand dollars ($1,000.00).

                2.            Department heads may issue a purchase order for an item, the cost of which is less than two hundred fifty dollars ($250.00), without prior permission of the Board of Aldermen, the Mayor or the City Clerk/Administrator except as restricted in Schedule 1 of this Chapter.

                3.            The Park Board may authorize expenditures up to the appropriated amounts as per Schedule 1 of this Chapter.

                4.            All other purchase orders may be issued only after approval by the Board of Aldermen.   (Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.030:             MAYOR OR THE CITY CLERK/ADMINISTRATOR TO INFORM VENDORS

Upon the receipt by the Mayor or the City Clerk/Administrator of any bill for supplies or services without an attached purchase order, the Mayor or the City Clerk/ Administrator shall contact the vendor involved and inform him that all purchases require a purchase order.  The bill shall be returned to the vendor who shall be responsible for obtaining the proper purchase order before submission to the Board of Aldermen.  Provided, that the Mayor or the City Clerk/Administrator may submit a vendor’s bill to the Board of Aldermen for payment (and telephonically notify the vendor to comply in the future) if the Mayor or the City Clerk/Administrator believes the failure to procure the purchase order was inadvertent on the part of the vendor.  (CC 1979 §25.030; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)SECTION 125.040:                CONFLICT OF INTEREST

No officer or employee of the City shall transact any business in his official capacity with any business entity of which he is an officer, agent or member or in which he owns a substantial interest; nor shall he make any personal investments in any enterprise which will create a substantial conflict between his private interests and the public interest; nor shall he or any firm or business entity of which he is an officer, agent or member, or the owner of substantial interest, sell any goods or services to any business entity which is licensed by or regulated in any manner by the City.  (CC 1979 §25.040; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.050:             CONFLICT OF INTEREST — OFFICERS AND EMPLOYEES NOT TO DEAL WITH CERTAIN ENTITIES

No officer or employee of this City shall enter into any private business transaction with any person or entity that has a matter pending or to be pending upon which the officer or employee is or will be called upon to render a decision or pass judgment.  If any officer or employee is already engaged in the business transaction at the time that a matter arises, he shall be disqualified from rendering any decision or passing any judgment upon the same.  (CC 1979 §25.050; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.060:             CONFLICT OF INTEREST — PENALTIES

Any person who violates the provisions of Section 125.040 or Section 125.050 shall, upon conviction thereof, be punished as provided in Sections 100.200 and 100.210 of this Code.  (CC 1979 §25.060; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.070:             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 order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City.  Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Sections 100.200 and 100.210 of this Code.  (CC 1979 §25.070; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.080:             BILL PRESENTED TO BOARD

Whenever the City of Buckner shall become indebted to any person in any sum of money, the auditing and payment of which is not otherwise provided for, the claimant shall make out an accurate detailed account or statement thereof in writing and shall then present the same to the Board of Aldermen.  (CC 1979 §25.080; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)SECTION 125.090:       RESERVED

                                Editor’s Note–Ord no. 621 §1, adopted July 6, 2000, and Ord. No. 672 §1, adopted September 5, 2002, repealed section 125.090, “Refer to Finance Committee”; former section 125.090 derived from CC 1979 §25.090.  This section has been left reserved for the City’s future use.

SECTION 125.100:             ALLOW BILL WHEN

It shall be the duty of the Board of Aldermen to carefully examine every claim and the certificates and endorsements thereon, and if the same is found just and correct, to allow the same and to order a warrant to be issued by the Mayor, countersigned by the City Clerk/Administrator and with the Seal of the City affixed thereto, in favor of such claimant payable out of the City Treasury; but no warrant shall be issued for payment of any claim until debt for taxes, licenses, or upon any other account due to the City of Buckner, from such claimant, shall have first been paid.  (CC 1979 §25.100; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.110:             PAYMENT ONLY IF CITY HAS MONEY

No warrant shall be drawn upon the City Clerk/Administrator, nor shall any ordinance appropriating money be passed, unless there is an unexpended balance to the credit of the City in the Treasury upon which such warrant is drawn or which said ordinance appropriates.  (CC 1979 §25.110; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

 

 

ARTICLE II – PUBLIC WORKS CONTRACTS

SECTION 125.120:             TO BID PROJECTS

All public capital improvements of whatever character which may be contracted by the City of Buckner shall be awarded to the lowest and/or best bidder.  (CC 1979 §25.500; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.130:             ADVERTISE FOR BIDS

Whenever the Board of Aldermen shall order work done in any part of the City, it shall be the duty of the Mayor or the City Clerk/Administrator to advertise for bids at least three (3) days in some newspaper circulated in the City of Buckner, that sealed proposals will be received in his office during that space of time for doing said work, giving a general description of the work, and giving notice that full plans and specifications can be seen at his office, which plans and specifications shall have been furnished by the Mayor or the City Clerk/Administrator, at, or prior to the time of ordering such advertisement for proposals.  Such notice shall also contain the statement of the fact that the City reserves the right to reject any or all proposals.  (CC 1979 §25.510; Ord. No. 360 §25.510, 8-2-79; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.140:             FORM OF BID — OPENING OF BIDS

The Mayor or the City Clerk/Administrator shall note on the back of each proposal the time of receiving the same and shall file the same in his office for reference.  No proposal shall be filed by him unless it is securely sealed, and all such proposals shall have an endorsement on the back thereof “Proposals for public work” and directed to the Board of Aldermen.  On the date designated for the bids to be opened, the Mayor or the City Clerk/Administrator and at least one (1) other disinterested party shall open the bids and cause the bids to be entered on a bid sheet listing the bidder’s name and amount of his bid.  The bids and the bid sheet shall then be certified by the Mayor or the City Clerk/Administrator to the Board of Aldermen.  (CC 1979 §25.520; Ord. No. 360 §25.520, 8-2-79; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.150:             CONTRACT AWARDED

After the time shall have expired for receiving proposals, the Board of Aldermen shall convene and examine the proposals made and shall award the contract to the lowest and/or best bidder; provided, the Board of Aldermen may reject any or all bids.  (Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

 

SECTION 125.160:             BOND

Every proposal and bid for public work shall be accompanied by a good and sufficient bid bond or cashier’s check equal to five percent (5%) of the bid based upon said contract.  Upon being awarded a contract, the lowest and/or best bidder shall provide a surety bond conditioned upon the faithful performance of the contract of said work and good for one (1) year after the work is completed.  Said bond shall be equal to the entire amount of money to be paid for such work.  (CC 1979 §25.540; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.170:             CONTRACT

Whenever any contract shall be awarded and bond filed as herein provided, the City Attorney shall draw up the terms of the contract in duplicate, which said contract shall embody all the particulars specified in the proposals, and shall further bind the contractor to perform the work in a good and workmanlike manner.  Such contracts shall be signed in duplicate by the Mayor and attested by the City Clerk/Administrator under the Seal of the City and by the contractors under their hands and seals.  One (1) copy of such contract shall be delivered to the contractor, and the other held in the office of the Mayor or the City Clerk/Administrator.  (CC 1979 §25.550; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.180:             INSPECTION AND PAYMENT

No such work shall be received or paid for until it shall have been examined by the Mayor or the City Clerk/Administrator, as constructed according to contract and shall have been approved for payment by the Board of Aldermen, and these conditions shall be embraced in every contract entered into.  (CC 1979 §25.560; Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02; Ord. No. 692 §1, 1-2-03)

SECTION 125.181:             GENERAL PURCHASING POLICY

All City staff and the Park Board will attempt to purchase products at a Buckner based business first in accordance with policies and procedures as adopted by the Board of Aldermen from time to time.  (Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

SECTION 125.185:             EMERGENCY SPENDING PROCEDURES

In the case of accident, disaster or other circumstances creating a public emergency, the Mayor shall have the power to award contracts and make purchases for the purpose of alleviating the emergency.  When the Mayor or the Acting President of the Board of Aldermen cannot be contacted, the City Clerk/Administrator shall have the same emergency powers and shall notify the Mayor when possible.  The Mayor, the Acting President of the Board of Aldermen or the City Clerk/Administrator shall file a report with the Board of Aldermen, covering such emergency action, the necessity for same, together with an itemized accounting of all expenditures incurred at the next Board of Aldermen meeting, either a study session or a regular business session.  (Ord. No. 621 §1, 7-6-00; Ord. No. 672 §1, 9-5-02)

 

 

ARTICLE III – PROCEDURE FOR DISCLOSURE OF CONFLICTS OF INTEREST

SECTION 125.190:             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. No. 486 §25.600, 9-6-91; Ord. No. 508, 8-5-93; Ord. No. 518, 8-4-94; Ord. No. 531, 8-3-95; Ord. No. 545, 8-1-96; Ord. No. 563, 8-7-97; Ord. No. 578, 8-6-98; Ord. No. 599 §1, 8-5-99; Ord. No. 623 §1, 8-3-00; Ord. No. 645 §1, 8-2-01; Ord. No. 668 §1, 8-22-02; Ord. No. 719 §1, 8-5-04; Ord. No. 750 §1, 9-7-06)

SECTION 125.200:             CONFLICTS OF INTEREST

The Mayor or any member of the Board of Aldermen who has a substantial personal or private interest, as defined by State law, in any bill shall disclose on the records of the Board of Aldermen the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.  (Ord. No. 486 §25.610, 9-6-91; Ord. No. 508, 8-5-93; Ord. No. 518, 8-4-94; Ord. No. 531, 8-3-95; Ord. No. 545, 8-1-96; Ord. No. 563, 8-7-97; Ord. No. 578, 8-6-98; Ord. No. 599 §1, 8-5-99; Ord. No. 623 §1, 8-3-00; Ord. No. 645 §1, 8-2-01; Ord. No. 668 §1, 8-22-02; Ord. No. 719 §1, 8-5-04; Ord. No. 750 §1, 9-7-06)

SECTION 125.210:             DISCLOSURE REPORTS

Each elected official, the Mayor as the Chief Administrative Officer, the City Administrator as the Chief Purchasing Officer and the General Counsel (if employed full-time) shall disclose the following information by May first (1st) if, and only if, any such transactions were engaged in during the previous calendar year:

                1.            For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; and

                2.            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 ($500.00), if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision.

 

                3.            The Mayor as the Chief Administrative Officer and the City Administrator as the Chief Purchasing Officer also shall disclose by May first (1st) for the previous calendar year the following information:

                                a.            The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement;

                                b.            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 of limited partnership in which the person owned ten percent (10%) 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 (2%) or more of any class of outstanding stock, limited partnership units or other equity interests;

                                c.             The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.   (Ord. No. 486 §25.620, 9-6-91; Ord. No. 508, 8-5-93; Ord. No. 518, 8-4-94; Ord. No. 531, 8-3-95; Ord. No. 545, 8-1-96; Ord. No. 563, 8-7-97; Ord. No. 578, 8-6-98; Ord. No. 599 §1, 8-5-99; Ord. No. 623 §1, 8-3-00; Ord. No. 645 §1, 8-2-01; Ord. No. 668 §1, 8-22-02; Ord. No. 719 §1, 8-5-04; Ord. No. 750 §1, 9-7-06)

SECTION 125.220:             FILING OF REPORTS

A.            The reports, in the attached format, shall be filed with the City Administrator and with the Secretary of State prior to January 1, 1993, and thereafter with the Ethics Commission.  The reports shall be available for public inspection and copying during normal business hours.

B.            When Filed.  The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year:

                1.            Each person appointed to an office covered by this Article shall file the statement within thirty (30) days of such appointment or employment;

 

                2.            Every other person required to file a financial interest statement shall file the statement annually not later than May first (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st);provided that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December thirty-first (31st) of the covered year until the date of filing the financial interest statement.  (Ord. No. 486 §§25.630–25.640, 9-6-91; Ord. No. 508, 8-5-93; Ord. No. 518, 8-4-94; Ord. No. 531, 8-3-95; Ord. No. 545, 8-1-96; Ord. No. 563, 8-7-97; Ord. No. 578, 8-6-98; Ord. No. 599 §1, 8-5-99; Ord. No. 623 §1, 8-3-00; Ord. No. 645 §1, 8-2-01; Ord. No. 668 §1, 8-22-02; Ord. No. 719 §1, 8-5-04; Ord. No. 750 §1, 9-7-06)

SCHEDULE 1.  POLICIES AND PROCEDURES CONCERNING PURCHASES

A.            Purchasing On Account.  The City purchases “on account” at various businesses, based upon a department head’s purchasing authority or that of the Mayor or the City Clerk/Administrator.  The Mayor and Board of Aldermen have delegated to the department heads the authority to approve small purchases for their respective departments, i.e., office supplies, cleaning supplies, repair and maintenance items such as: paint, oil, hardware, keys, door locks and light bulbs.  For purchases above five hundred dollars ($500.00) dollars, department heads shall direct City staff to obtain the approval of the Mayor or the City Clerk/Administrator and/or the Board of Aldermen.

B.            Procedures For Filling Out A Purchase Order.

                1.            A City employee or Park Board member may obtain a purchase order from the Office of the City Clerk/Administrator.  All City employees shall obtain approval from their respective department head for purchases and all Park Board members shall obtain approval from the Park Board Chairman or his/her designated representative for purchases.

                2.            The individual should fill out the form: include company name and address, price per quantity (all totaled at the bottom of the form), type of delivery, terms, etc..

                3.            For all City employees the following limits apply: if the amount is under $500.00 the department head’s signature is required; if the amount is over five hundred dollars ($500.00) but one thousand dollars ($1,000.00) and under, the Mayor or the City Clerk/Administrator must sign the form; if the amount is over one thousand dollars ($1,000.00) the approval of the Board of Aldermen will have to be obtained, in such a case the Mayor will sign the form after the Board’s approval.

                4.            Park Board members should obtain the signature of the Park Board Chairman or his/her designated representative on the purchase order.  The amount of the purchase order is limited only by the available balance on the budgeted expense line item, however, further restrictions apply as specified in the Park Board’s Purchasing Authority in Chapter 125.

                5.            The individual should submit the purchase order to the Office of the City Clerk/Administrator for: filing, to have the check printed and to mail the purchase order or the requesting employee may take the customer’s copy to the company.

 

C.            Park Board Purchasing Authority.

                1.            The Park Board may authorize expenditures up to the appropriated amounts.

                2.            The Park Board shall be exempted from the Board of Aldermen’s approval of individual purchase orders, as the Park Board’s purchasing authority limit is set when the Board of Aldermen appropriate monies through approval of the budget. The budget will be reviewed quarterly by the Board of Aldermen, and if needed, line items may be adjusted at any time by action of the Board of Aldermen for the benefit of the parks and the City.

                3.            The Park Board’s purchases are restricted by cash flow and the actual amount of revenue in City accounts.

                4.            The Park Board shall be required to check account balances with the City Clerk/Administrator.

                5.            The Park Board shall designate a member to coordinate purchases with City staff.

                6.            The Park Board shall follow the City’s procedures for purchase orders.

                7.            The Park Board shall follow the same bidding procedures as the Public Works Department.

                8.            The Park Board shall be subject to the same conflict of interest rules as City officials or employees.

                9.            The Park Board shall be required to give an annual report of revenues and expenditures to the Board of Aldermen. The Park Board may ask the City Clerk/Administrator to prepare this report.

                10.          The Park Board may not sign contracts, only the Mayor may do so.

D.            Department Head Purchasing Authority.

                1.            Chief of Police.

                                a.            Up to five hundred dollars ($500.00).

                                b.            Restricted by cash flow and actual amount of revenue in accounts.

                                c.             Required to check account balances with the City Clerk and/or Administrator. The Mayor or the Administrator may deny the purchase based upon City cash flow.

                2.            Public Works Superintendent.

                                a.            Up to five hundred ($500.00).

                                b.            Restricted by cash flow and actual amount of revenue in accounts.

                                c.             Required to check account balances with the City Clerk/Administrator. The Mayor or the City Clerk/Administrator may deny the purchase based upon City cash flow.  (Ord. No. 672 §1, 9-5-02)

 

 

 

 

CHAPTER 130:

MUNICIPAL COURT

 

 

SECTION 130.010:             COURT ESTABLISHED

There is hereby established in this City a Municipal Court, to be known as the “Buckner Municipal Court, a Division of the 16th Judicial Circuit Court of the State of Missouri.”  This court is a continuation of the Police Court of the City as previously established, and is termed herein “the Municipal Court”.  (CC 1979 §72.010)

SECTION 130.020:             JURISDICTION

The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.  (CC 1979 §72.020)

SECTION 130.030:             SELECTION OF JUDGE

A.            The judge of the City’s Municipal Court shall be known as a Municipal Judge of the 16th Judicial Circuit Court, and shall be selected as follows.

B.            He shall be appointed to his position by the Mayor, subject to the confirmation of the Board of Aldermen, for a term as specified herein.  (CC 1979 §72.030)

SECTION 130.040:             TERM OF OFFICE

The Municipal Judge shall hold his office for a period two (2) years and shall take office biannually from January 1, 1979.  If for any reason a Municipal Judge vacates his office, his successor shall complete that term of office, even if the same be for less than two (2) years.  (CC 1979 §72.040)

SECTION 130.050:             VACATION OF OFFICE

The Municipal Judge shall vacate his office under the following circumstances:

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

                2.            Upon attaining his seventy-fifth (75th) birthday, or

                3.            If he should lose his license to practice law within the State of Missouri.  (CC 1979 §72.050)

SECTION 130.060:             QUALIFICATIONS FOR OFFICE

The Municipal Judge shall possess the following qualifications before he shall take office:

                1.            He must be a licensed attorney, qualified to practice law within the State of Missouri.

                2.            He need not reside within the City.

                3.            He must be a resident of the State of Missouri.

                4.            He must be between the ages of twenty-one (21) and seventy-five (75) years.

                5.            He may serve as Municipal Judge for any other municipality.

                6.            He may not hold any other office within the City government.

                7.            The Municipal Judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment. (CC 1979 §72.060)

SECTION 130.070:             SUPERINTENDING AUTHORITY

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, and the judge and court personnel of said court shall obey his directives.  (CC 1979 §72.070)

SECTION 130.080:             REPORT TO BOARD OF ALDERMEN

The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:

                                A list of all cases heard and tried before the court during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of cost, the names of the violations committed and in the cases where there was an application for trial de novo, respectively.  The same shall be prepared under oath by the Municipal Court City Clerk or the Municipal Judge.  This report will be filed with the City Clerk, who shall thereafter forward the same to the Board of Aldermen of the City for examination at its first (1st) session thereafter.  The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the City Treasurer/Accountant the full amount of all fines collected during the preceding months, if they have not previously been paid.  (CC 1979 §72.080)

SECTION 130.090:             DOCKET AND COURT RECORDS

The Municipal Judge shall be a conservator of the peace.  He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records as may be required.  Such docket and records shall be records of the Circuit Court of Jackson County.  The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his office, to his successor in office or to the presiding judge of the circuit.  (CC 1979 §72.090)

SECTION 130.100:             MUNICIPAL JUDGE–POWERS AND DUTIES GENERALLY

The Municipal Judge shall be and is hereby authorized to:

                1.            Establish a Traffic Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050 of the Revised Statutes of Missouri.

                2.            Administer oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine and imprison for contempt committed before him while holding court, in the same manner and to the same extent as a Circuit Judge.

                3.            Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.

                4.            Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.  Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate, or conflict with, the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, or State Statutes.

                5.            The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Code or other ordinances of this City.

                6.            In his discretion to establish conditions relating to continued imposition of sentence on conviction of violation of any ordinance of the City of Buckner, and shall have the power to revoke such imposition of sentence if the conditions imposed are violated.

                7.            In his discretion to suspend the execution of any sentence on conviction of violation of any ordinance of the City of Buckner.

                8.            In his discretion to place a defendant on probation for a period of six (6) months and to establish such conditions that are necessary and proper for the implementation of such probation.

                9.            In his discretion to require a defendant placed on such probation to attend program or programs designed for rehabilitation and to restrict parolee’s travel and activities during the time he is placed on probation.  (CC 1979 §72.100)

SECTION 130.110:             TRAFFIC VIOLATIONS BUREAU

Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same.  The City Clerk is hereby designated as the Traffic Violations Clerk for said Bureau, if established.  (CC 1979 §72.110)

SECTION 130.120:             ISSUANCE AND EXECUTION OF WARRANTS

A.            All warrants issued by a Municipal Judge shall be directed to the City Marshal, Chief of Police or any other Police Officer of the municipality or the Sheriff of the County.  The warrant shall be executed by the Marshal, Chief of Police, Police Officer or Sheriff any place within the limits of the County and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases and, when so endorsed, shall be served in other Counties as provided for in warrants in criminal cases.

B.            The issuance of administrative search warrants relating to violations of the Municipal Code (“Code”) of the City of Buckner and relating to enforcement thereof shall conform to and be governed by the following provisions:

                1.            An administrative search warrant is a written order of the Municipal Court of the City of Buckner commanding the search of property to determine the existence of violations of specific provisions contained within the Code and to permit abatement of nuisances and enforcement of violations of said Code provisions.

                2.            Any public official, Police Officer, code enforcement officer, special counsel or the prosecuting attorney may make an application for the issuance of an administrative search warrant.  The application may be made on a form prepared by the Court Clerk and shall:

                                a.            Be in writing;

                                b.            State the time and date of the making of the application;

                                c.             Identify the property which is to be searched in sufficient detail and particularity that the Police Officer executing the warrant can readily ascertain it;

                                d.            Identify the City Code violation in sufficient detail and particularity that the Police Officer executing the warrant can readily ascertain it;

                                e.            State facts sufficient to show reasonable suspicion for the issuance of the administrative search warrant;

                                f.             Be verified by the signed oath or affirmation of the applicant;

                                g.            Be filed in the Municipal Court.

                3.            The application may be supplemented in writing as necessary to assist the Municipal Judge in determining whether there is reasonable suspicion for the issuance of an administrative search warrant and to fill out any deficiencies in the description of the property to be searched or in the Code violation(s) on the property.  Oral testimony shall not be considered.        4.            The Municipal Judge or Acting Municipal Judge shall review the application and any written supplementation to determine whether sufficient facts have been stated to justify the issuance of an administrative search warrant.  If it appears that there is reasonable suspicion to believe that a violation of the Code provision exists on the property described, an original and two (2) copies of the administrative search warrant shall be issued.

                5.            The application and any written supplementation and a copy of the warrant shall be retained in the records of the Municipal Court.

                6.            The administrative search warrant shall:

                                a.            Be in writing;

                                b.            Be directed to a Police Officer of the City of Buckner;

                                c.             State the time and date the warrant is issued;

                                d.            Identify the property which is to be searched in sufficient detail and particularity such that the Police Officer executing the warrant can readily ascertain it;

                                e.            Identify the Code violation in sufficient detail and particularity such that the Police Officer executing the warrant can readily ascertain it;

                                f.             Be signed by the Municipal Judge or Acting Municipal Judge;

                                g.            Be executed by a Police Officer of the City of Buckner by conducting the search commanded and/or abating the nuisance or Code violation;

                                h.            Be executed between the hours of 8:00 A.M. and 5:00 P.M. except in the case of an emergency threatening immediate damage or harm to life or property;

                                i.              Be executed and returned within ten (10) days after the date of the making of the application; and

                                j.             After execution of the administrative search warrant, the warrant with a return thereon, signed by the Police Officer executing the warrant, shall be filed in Municipal Court.  The return shall show the date and manner of execution, the name of the possessor and the name of the owner of the property, when they are not the same person, if known.

                7.            An administrative search warrant shall be deemed invalid:

                                a.            If it was not issued and signed by the Municipal Judge or Acting Municipal Judge; or

                                b.            If it was issued without a written application in compliance with this Code Section having been filed and verified; or

                                c.             If it was issued without reasonable suspicion; or

                                d.            If it does not describe the property to be searched and/or the nuisance or Code violation with sufficient certainty; or

                                e.            If it is not executed and returned within the time prescribed.  (CC 1979 §72.120; Ord. No. 736 §1, 11-3-05)

SECTION 130.130:             ARRESTS WITHOUT WARRANTS

The Chief of Police, or other Police Officer of the City shall without a warrant, make arrest of any person who commits an offense in his presence, but such Officer shall, before the trial file a written complaint with the Judge hearing violations of Municipal ordinance.  (CC 1979 §72.130)

SECTION 130.140:             JURY TRIALS

Any person charged with a violation of a Municipal ordinance of this City shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an Associate Circuit Judge.  Whenever a defendant accused of a violation of a Municipal ordinance demands trial by jury, the Municipal Court shall certify the case to the presiding Judge of the Circuit Court for reassignment.  (CC 1979 §72.140)

SECTION 130.150:             DUTIES OF THE CITY’S PROSECUTING ATTORNEY

It shall be the duty of an attorney designated by the Municipality to prosecute the violations of the City’s ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City’s ordinances.  The salary or fees of the attorney and his necessary expenses incurred in such prosecutions shall be paid by the City.  The compensation of such attorney shall not be contingent upon the result in any case.  (CC 1979 §72.150)

SECTION 130.160:             SUMMONING OF WITNESSES

It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary.  The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Judges and shall be taxed as other costs in the case.  When a trial shall be continued by a Municipal Judge it shall not be necessary to summon any witnesses who may be present at the continuance; but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him on the day set for trial to testify in the case, and enter the names of such witnesses on his docket, which oral notice shall be valid as a summons.  (CC 1979 §72.160)

 

SECTION 130.170:             TRANSFER OF COMPLAINT TO ASSOCIATE CIRCUIT JUDGE

If, in the progress of any trial before a Municipal Judge, it shall appear to the judge that the accused ought to put upon trial for an offense against the criminal laws of the State and not cognizable before him as Municipal Judge, he shall immediately stop all further proceedings before him as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.  (CC 1979 §72.170)

SECTION 130.180:             JAILING OF DEFENDANTS

If in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail or to the Municipal Jail in Blue Springs, Missouri, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a Warrant of commitment from the judge to receive and safely keep such prisoner until discharged by due process of law.  The Municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his custody.  The same shall be taxed as cost.  (CC 1979 §72.180)

SECTION 130.190:             PAROLE AND PROBATION, WHEN GRANTED — CERTIFICATE — CONDITIONS OF PROBATION — MODIFICATION OF CONDITIONS

A.            Any judge hearing violations of municipal ordinances may, when in his judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such judge.  When a person is placed on probation he shall be given a certificate explicitly stating the conditions on which he is being released.

B.            In addition to such other authority as exists to order conditions of probation, the court may order conditions which the court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general.  Such conditions may include, but need not be limited to:

                1.            Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge; and

                2.            The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.

C.            A person may refuse probation conditioned on the performance of free work.  If he does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly.  Any County, City, person, organization, or agency, or employee of a County, City, organization or agency or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence.  The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.

D.            The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term. (RSMo. §479.190)

SECTION 130.200:             RIGHT OF APPEAL

In all cases tried before the Municipal Court, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo, before a Circuit Judge or an assignment before an Associate Circuit Judge.  An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court Rules.  (CC 1979 §72.200)

SECTION 130.210:             APPEAL FROM JURY VERDICTS

In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.  (CC 1979 §72.210)

SECTION 130.220:             RECOGNIZANCES AND FORFEITURES

In a case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the City as plaintiff.  Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge.  All monies recovered in such actions shall be paid over to the City Treasury to the General Revenue Fund of the City.  (RSMo. §479.210)

SECTION 130.230:             DISQUALIFICATION OF MUNICIPAL JUDGE FROM HEARING PARTICULAR CASE

A Municipal Judge shall be disqualified to hear any case in which he is anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the Municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the judge.  Neither the defendant nor the Municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.  (CC 1979 §72.230)

SECTION 130.240:             TEMPORARY MUNICIPAL JUDGE

If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease.  The Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.  (CC 1979 §72.240)

SECTION 130.250:             CLERK OF MUNICIPAL COURT

The City Clerk is hereby designated as the Clerk of the Municipal Court.  The duties of said Clerk shall be as follows:

                1.            To collect such fines for violations of such offenses as may be described, and the court costs thereof.

                2.            To take oaths and affirmations.

                3.            To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him.

                4.            Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.

                5.            Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Traffic Violation Bureau cases or as directed by the Municipal Judge; generally set as Violation Clerk of the Traffic Violation Bureau.

                6.            Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.

                7.            Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City of the Municipality which shall constitute prima facie evidence of such ordinance before the court.  Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.  (CC 1979 §72.250)

 

SECTION 130.260:             COURT COSTS

In addition to any fine that may be imposed by the Municipal Judge there shall be assessed as costs in all cases the following:

                1.            The official of the Municipal Court responsible for collecting Court costs and fines may assess as Costs or Court the amount of twelve dollars ($12.00) for each Court proceeding filed for violations of the ordinances of the City of Buckner, Missouri, including traffic violations and non-moving traffic violations, unless such action is dismissed, or costs are to be paid by the State, County or municipality.  Such amounts collected shall be transmitted monthly to the City of Buckner, Missouri’s Judicial Education Fund – (Section 479.260.1 RSMo) One dollar ($1.00) of each twelve dollars ($12.00) collected as Costs of the Court shall be deposited in a Judicial Education Fund.  The court shall use the fund to pay for continuing education and certification of the municipal judge, and to pay for the education and training of the clerk of the municipal court and the administrative clerk.  Further the court shall not retain more than One thousand five hundred dollars ($1500.00) in the fund for each judge, municipal court clerk and administrative clerk.  Any excess funds shall be transmitted monthly to the general revenue fund of the municipality.

                2.            The official of the Municipal Court responsible for collecting Court costs and fines may assess as Court costs two dollars ($2.00) for each Court proceeding filed for violations of the ordinances of the City of Buckner, including traffic violations and non-moving traffic violations, unless such action is dismissed, or costs are to be paid by the State, County or municipality.  Such amounts collected shall be transmitted monthly to the City of Buckner to be used for training Law Enforcement Officers.  An additional one dollar ($1.00) shall be assessed as costs and sent to the State Treasury to the credit of the Peace Officer’s Standards and Training Commission Fund, as provided in Section 590.110, RSMo., and shall be transmitted as required by such Statutes.  $2.00 fee for the sole purpose to provide operating expenses for shelters for battered persons.

3.            Pursuant to Section 595.045, RSMo., as amended, Crime Victims’ Compensation Fund, a surcharge of seven dollars fifty cents ($7.50) shall be assessed as additional costs for infractions and violations of any municipal ordinance; except that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the State, County or municipality.  Should an application for trial de novo from a conviction in the Municipal Division be processed, this fee shall be added to the current trial de novo filing fee and forwarded to the Circuit Court Administrator’s office, Department of Criminal Records.  The fee on applications for trial de novo shall be the amount required by the Circuit Court.

                4.        Reimbursement to the City of certain costs:

                                a.            Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or incurred by the City at other suitable places of confinement and all other related costs. 

                                b.            Other costs, such as for the issuance of a warrant, a commitment, or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.

                                c.         Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or incurred by the City at other suitable places of confinement and all other related costs. 

                                d.            Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the Officer must travel (both directions) in order to serve any warrant or commitment or order of this court.

                                5.            Reimbursement to the City of certain costs—alcohol- or drug related.

                                a.            The cost associated with arrest of alcohol or drug-related traffic offenses is hereby established to be One hundred dollars ($100.00).   The Municipal Court is hereby authorized to impose this cost against those who plead guilty or are found guilty of a violation of an alcohol or drug-related traffic offense in the Buckner Municipal Court. 

b.            Upon conviction of an ordinance involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the State or local law enforcement agency which made the arrest for the costs associated with such arrest which shall include the reasonable cost of making the arrest, including the cost of any chemical test to determine the alcohol or drug content of the person’s blood, and the costs of processing, charging, booking and holding such person in custody. The Buckner Police Department may establish a schedule of such costs; however, the Court may order the costs reduced if it determines the costs are excessive.   (CC 1979 §72.260; Ord. No. 429 §72.260(1), 9-4-84; Ord. No. 467 §72.260(6), 9-1-88; Ord. No. 509, 10-7-93; Ord. No. 527 §§A–B, 2-2-95; Ord. No. 554, 2-6-97; Ord. No. 560, 6-5-97; Ord. No. 649 §1, 10-4-01; Ord. No. 651 §1, 10-4-01; Ord. No. 700 §§1–2, 6-5-03)

SECTION 130.270:             COURT COSTS — ASSESS AGAINST PROSECUTING WITNESS

The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him that he pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.  (CC 1979 §72.270)

SECTION 130.280:             INSTALLMENT PAYMENT OF FINE

When a fine is assessed for violating an ordinance, it shall be within the discretion of the judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as the judge may deem appropriate.  (CC 1979 §72.280)

 

 

CHAPTER 135:

CITY PARK BOARD

 

 

                                Editor’s Note–Ord. no. 626 §1, adopted September 7, 2000, repealed this chapter 135 and enacted the new provisions set out herein.  Former ch. 135 derived from CC 1979 §§27.010–27.080; ord. no. 450 §§27.010–27.080, 3-5-87; and ord. no. 576 §1, 8-6-98.

SECTION 135.010:             PARK BOARD ESTABLISHED

A Park Board is hereby created for the City of Buckner.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.020:             DUTIES AND RESPONSIBILITIES

The Park Board shall have the responsibility for development and maintenance of a comprehensive plan for a park system within the City of Buckner.  The Park Board shall also have primary responsibility for the operation and maintenance of all City property designated by the Board of Aldermen as park land.  The Park Board, with concurrence of the Board of Aldermen, shall develop and enforce a policy statement for the use of all designated park property and facilities and shall allocate and control usage of park facilities.  The Park Board is responsible for requesting all reports from City staff; for communicating their needs and business with City staff; for the minutes of their meetings; and the Park Board shall maintain files on Board business in a space provided at City Hall.  The Park Board shall in general carry out the spirit and intent of Sections 90.500 to 90.570, RSMo., in establishing and maintaining public parks.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.030:             MEMBERS

The Park Board shall consist of nine (9) citizens appointed by the Mayor with the approval of the Board of Aldermen.  There shall be at least one (1) member appointed from each ward of the City.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.040:             TERMS OF OFFICE — REMOVAL FOR CAUSE

The terms of the members of the Park Board shall be for three (3) years but the terms of the first (1st) Park Board shall be varied so that succeeding terms shall be staggered.  There shall be no limit to the number of terms that may be served.  Any Park Board member may be removed by the Mayor with the consent of the Board of Aldermen for misconduct or neglect of duty.  A Park Board member will also be automatically removed from the Park Board if the member fails to attend six (6) regular Park Board meetings within a twelve (12) month period.  No person shall be appointed to the Park Board who is in arrears for any unpaid City taxes or in arrears any monthly City Utility bill.   Following removal of a Park Board member, a new member shall be appointed pursuant to Section 135.030 to fill the unexpired term.  There shall be no compensation for the members of the Park Board except that any member shall be reimbursed for actual expenses incurred in the performance of their duties if pre-authorized by the full Park Board and in compliance with the requirements of Section 135.070.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.050:             OFFICERS

The Park Board shall select a Chairman and Secretary for one (1) year terms with no restrictions on the number of terms.  (Ord. No. 626 §1, 9-7-00)

 

SECTION 135.060:             PROCEDURE

The Park Board shall adopt rules of procedure, provide for holding regular and special meetings and maintain a record of its transactions and meetings which will be open to public inspection.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.070:             EXPENDITURES

All expenditures by the Park Board shall be in accordance with budget limits established by the Board of Aldermen, the Code of the City of Buckner and purchasing rules and procedures approved by the Board of Aldermen.  The Park Board shall have exclusive control of the expenditures of all money collected to the credit of the Park Fund and of the supervision, improvement, care and custody of the parks.  All monies received for such parks shall be deposited in the Treasury of the City to the credit of the Park Fund and shall be kept separate and apart from the other monies of the City and drawn upon by the proper officers of the City upon the properly authenticated vouchers of the Park Board.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.080:             BUDGET

The Park Board shall prepare a budget of anticipated expenditures in accordance with Article II of Chapter 120 of the City Code and shall submit same to the City Clerk/Administrator no later than August first (1st) of each year.  The Park Board budget request shall outline the physical development of the parks and recreational needs of the City.  (Ord. No. 626 §1, 9-7-00)

SECTION 135.090:             ANNUAL REPORT

The Chairman of the Board shall present to the Board of Aldermen an annual report.  Such report shall be presented on or before the meeting of the Board of Aldermen in October of each year and shall consist of:

                1.            The condition of their trust as of the thirtieth (30th) day of September of that year.

                2.            The various sums of money received from the Park Fund and other sources.

                3.            The sums of money expended by the Board and for what purposes.

                4.            Such other statistics, information and suggestions as the Board may deem to be of general interest.

                5.            In addition, the Park Board shall:

                                a.            Make recommendations for improving the park and recreation program and facilities; and

                                b.            Submit an annual planned program for the use of the parks, recreation facilities and areas. (Ord. No. 626 §1, 9-7-00)

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