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HomeMy WebLinkAboutOrd.300.02-19-1986 , /"� BILL N0. 86-14 ORDINANCE N0. � � AN ORDINANCE REVISING CHAPTER 2 OF THE CODE OF ORDINANCES PERTAINING TO ADMINISTRATION AND REESTABLISHING AND PRESCRIBING THE FUNCTIONS OF CITY DEPARTMENTS AND OFFICERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDFAU, MISSOURI , AS FOLLOWS: SECTION 1 . Section 2-1 and Section 2-1 . 1 of the Code of Ordinances of the City of Cape Girardeau, Missouri , pertaining to the City boundaries and annexations are hereby ordered transferred to Chapter 1 and renumbered Section 1-12 and Section 1-13 . SECTION 2 . Sections 2-40 through 2-42 of the Code of Ordinances of the City of Cape Girardeau, Missouri, pertaining to the Housing Authority of the City of Cape Girardeau are hereby renumbered Sections 2-51 through 2-53 . � SECTION 3 . Sections 2-2 through 2-39 and Sections 2-43 through 2-54 of the Code of Ordinances of the City of . Cape Girardeau , Missouri , are hereby repealed in their entirety. SECTION 4 . A new Chapter 2 of the Code of Ordinances of the City of Cape Girardeau, Missouri , is hereby enacted to read as follows : "ADMINISTRATION ARTICLE I . CITY COUNCIL Sec. 2-l . Elections . Elections for City Council shall be governed by the provisions of Article VII of the City Charter . Sec. 2-2 . Nominating Petition and Acceptance of Nomination Forms The following form is hereby designated the appropriate form for nominating petitions and for acceptance of nominations: � PETITION TO NOMINATE A CANDIDATE FOR r''� CITY COUNCILMAN OR MAYOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * T0: THE CITY CI,ERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI We, the undersigned citizens and registered voters of the City of Cape Girardeau, Missouri, do hereby respectfully nominate , whose address if , who is also a registered voter of the City of Cape Girardeau , Missouri , as a candidate for the office of , and also respectfully request that his/her name be placed on the ballot for election to said office at the General Election to be held on Each of us say for himself : I have personal y� signed this Petition; I am a registered voter of the City qualified to vote for said candidate, and the statements made by me herein are true and correct . * * * * * * * * * * * * * * * * * * * * * * * * * * * * [USE INK ONLY ] SIGNATURE PRINTED NAME STREET & NUMBER DATE � 1 . 2 . [ form shall provide 65 numbered signature lines ] 65 . STATE OF MISSO[JRI ) ss . COUNTY OF CAPE GIRARDEAU ) I , , a registered voter of the City of Cape Girardeau, Missouri , being first duly sworn say that the above listed persons , totaling , signed this Petition, and each of them signed his her name thereto in my presence; I believe each gave correct information, and that each signer is a registered voter of the City of Cape Girardeau, Missouri , and is qualified to vote at the General Election to be held on Signature of Circulator Address of Circulator Subscrib�d and sworn to before me this day of , 19 � My Commission Expires : Typed Name of Notary Public [ Seal ] -2- � * * * * * * * * * * * * * * * * * * * * * * * * * * * ACCEPTANCE OF NOMINATION I hereby accept the nomination for the office of , and agree to serve if elected. I certify that I am a registered voter of the City of Cape Girardeau and that at the time of the April general election I shall be at least twenty-one years of age and shall have been a resident of the City for at least four years immediately prior to the election. Signature of Candidate * * * * * * * * * * * * * * * * * * * * * * * * * * * * Date and Hour of Filing This Petition is filed by whose , address is ,��►, Received by , City Clerk Sec . 2-3 . Council Meetings . The council shall meet rPgularly at least twice each month at such time and place as the council may prescribe by rule. At least twenty-four hours notice of any change in the time, day or place of any regular meeting shall be posted in a prominent place at the City Hall . Special meetings may be held in accordance with Article III of the City Charter . Sec. 7.-4 . Compensation of Council Members . The Mayor shall receive a salary of One Hundred Fifty Dollars ( $150 . 00 ) per month . Other members of the Council shall receive a salary of One Hundred Dollars ( $100 . 00 ) per month . ARTICLE II . CITY DEPARTMENTS AND OFFICERS Sec. 2-16 . Finance Department . A Finance Department is hereby established. The department shall be headed by the finance director who shall be appointed ..�., by and responsible to the city manager . The finance department shall administer the fiscal affairs of the city including the -3- collection, investment and disbursement of all city funds. The ^ department shall prepare and maintain financial records of the city. The department shall perform such other functions as may be prescribed by the city manager . Sec. 2-17 . Fire Department . A fire department is hereby established. The department shall be headed by the fire chief who shall be appointed by and responsible to the city manager . The fire department shall extinguish fires , protect life and property against fire, enforce the fire prevention ordinances of the city and conduct educational fire prevention programs. The department shall perform emergency extrication services for motor vehicles . The department shall perform such other functions as may be prescribed by the city manager . The fire department shall have the authority to respond to emergency situations outside the city limits . Sec . 2-18 . Health Department . A health department is hereby established. The department shall be headed by the health officer who shall be appointed by and responsible to the city manager . The health department shall enforce all ordinances of the city pertaining to the public health and animal control . The department shall perform �-. such other functions as may be prescribed by the city manager . Sec. 2-19 . Law Department . A law department is hereby established. The department shall be headed by the city attorney who shall be appointed by the city manager with the consent of the council . The city attorney shall serve at the direction of the city manager, and may be dismissed at will by the city manager with the consent of the council . The law department shall provide advice to the city council , city manager and all city departments , agencies and officers . The law department shall represent the city in legal proceedings . The department shall perform such other functions as may be prescribed by the city manager . Sec. 2-20 . Parks and Recreation Department . A parks and recreation department is hereby established . The department shall be headed by the director of parks and recreation who shall be appointed by and responsible to the city manager . The parks and recreation department shall have charge of the care and upkeep of all city owned parks, golf courses and cemeteries . The department shall organize and supervise a city recreation program. The department shall perform such other functions as may be prescribed by the city manager . The following divisions are hereby established in the � parks and recreation department : parks division, recreation division, golt division, aquatics division and cemeteries -4- division. Each division shall be headed by a superintendent �^ who shall be appointed by the city manager and responsible to the director of parks and recreation and the city manager. . Sec. 2-21 . Personnel Department . A personnel department is hereby established. The department shall be headed by the personnel director who shall be appointed by and responsible to the city manager . The personnel department shall enforce the personnel policies of the city and perform such other functions as may be prescribed by the city manager . Sec. 2-22 . Police Department . A police department is hereby established. The police department shall be headed by the chief of police who shall be appointed by and responsible to the city manager . The police department shall maintain the public peace, supress crime, enforce the laws of Missouri and the ordinances of the City of Cape Girardeau, operate the city jail , execute warrants and municipal court process and perform such other functions as may be prescribed by the city manager . Sec. 2-23 . Public Works Department , ^� A public works department is hereby estabiished. The department shall be headed by the director of public works who shall be appointed by and responsible to the city manager . The public works department shall have charge of the care and maintenance of all city streets, alleys, sidewalks and other public ways . The public works department shall have charge of the operation and maintenance of the city' s sanitary sewer system and the maintenance of storm sewers owned by the city. The public works department shall have charge of the collection of solid waste and the operation of the city' s sanitary landfill . The department shall have charge of the maintenance and repair of motor vehicles owned by the city. The department shall perform such other functions as may be prescribed by the city manager . The following divisions are hereby established in the public works department : Engineering division, street division , sanitation division , wastewater division , fleet management division. The engineering division shall be headed by the city engineer who shall be a graduate engineer licensed in the state of Missouri . Each of the other divisions shall be headed by a superintendent . The division heads shall be appointed by the city manager and responsible to the director of public works and the city manager . Sec . 2-24 . City r_lerk . The city clerk sha11 keep the journal of council r�. proceedings, authenticate by his signature all ordinances and resolutions, and record them in full in a book kept for that -5- purpose. The city council may appoint such deputy city clerks ^ as it deems necessary to assist the city clerk in the performance of his duties . Sec. 2-25 . City T�easurer . The city treasurer shall maintain records of all deposits made to the credit of the city with the depository of city funds . The city treasurer shall also maintain records of all disbursements paid out of the city depository. Sec. 2-26 . Oath of Office . Members of the city council , the city manager , the assistant city manager , the city clerk and deputy city clerks , the city treasurer , department heads , and members of the police, fire and health departments, before entering upon the duties of their offices , shall take and subscribe to an oath or affirmation before a judge, the city clerk or a deputy city clerk , in substantially the following form: OATH OF OFFICE STATE OF MISSOURI ) ,•�. ) s s . CITY OF CAPE GIRARDEAU ) I , , do solemnly swear that I possess all the qualifications for as required by the laws of the State of Missouri and the Charter and Ordinances of ttie City of Cape Girardeau; that I will support the Constitution of the United States , the Constitution of the State of Missouri , and the Charter and Ordinances of the City of Cape Girardeau, and that I will faithfully demean myself in the office of of the City of Cape Girardeau, so help me God. Subscribed and sworn to before me this day of , 19 The oath or affirmation shall be filed with the city clerk . � -6- � Sec. 2-27 . Official Bonds . All officers and employees of the city who receive, disburse or are responsible for city funds, before entering upon the discharge of their duties , shall give a surety bond of a surety company authorized to do business in Missouri conditioned upon the faithful and proper performance of their duties and for the prompt accounting for and paying over to the city of all funds belonging to the city that may come into their hands. The surety bond shall be in the amount of $10 ,000 . 00 or more provided, however , that the following officers shall provide surety bonds in an arnount no less than that set opposite their office: City Manager $ 50 ,000 . 00 Assistant City Manager $ 40 ,000 .00 City Clerk $ 40 ,000 .00 Finance Director $ 40 ,000 . 00 City Treasurer $ 40 , 000 .00 An individual holding more than one of the above offices shall give bond in the minimum amount of $40 ,000 . 00 . The city shall pay the premiums on all such surety bonds . ARTICLE III . CITY BOARDS AND COMMISSIONS � Sec. 2-35 . Removal of Officers . Fxcept as otherwise provided by statute, the city council may, by motion duly made and passed, remove from office any member of any city board or commission who, in the council ' s opinion, has failed to faithfully perform the duties of his office or who at any time lacks any qualification for his office . ARTICLE IV. CONFLICTS OF INTEREST Sec. 2-41 . Definitions . As used in this article, unless the context clearly reqtiires otherwise, ttie following terms mean: 1 . "Adversary proceeding" , any proceeding in which a record of the proceedings may be kept and maintained as a public record at the request of either party by a court reporter , notary public or other person authorized to keep such record by law or by any rule or regulation of the agency conducting the hearing; or from which an appeal may be taken directly or indirectly, or any proceeding from the decision of which any party must be granted, on request, a hearing ^ de novo; or any arbitration proceeding; or a proceeding of the personnel review board of the city; -7- 2 . "Business entity" , a corporation, association , firm, %^ partnership, proprietorship, or business entity of any kind or character ; 3 . "Business with which he is associated" , any sole proprietorship owned by himself or his spouse, any partnership or joint venture in which he or his spouse is a partner , any corporation in which he is an officer or director or of which either he or his spouse or dependent child in his custody whether singularly or collectively owns in excess of ten percent of the outstanding shares of any class of stock , or any trust in which he is a trustee or settlor or in which he or his spouse or dependent child whether singularly or collectively is a beneficiary or holder of a reversionary interest of ten percent or more of the corpus of the trust; 4 . "Confidential information" , al� information whether transmitted orally or in writing which is of such a nature that it is not, at that time, a matter of public record or public knowledge; 5. "Dependent child in his custody" , all children, stepchildren , foster children and wards under the age of eighteen residing in his household and who receive .� in excess of fifty percent of their support from him; 6. "Public document" , a document or other record maintained for public inspection without limitation on the right of access to it; 7 . "Substantial interest" , ownership by the individual, or his spouse, directly or indirectly, of ten percent or more of any business entity, vr of an interest having a value of ten thousand dollars or more, or the receipt by an individual or his spouse of a salary gratuity, or other compensation or remuneration of six thousand dollars , or more, per year from any individual , partnership, organization, or association; 8 . "Substantial personal or private interest in any measure or bill" , any interest in a measure or bill which results from the combined definitions of subdivisions 2 and 7 of this section. Sec. 2-42 . Prohibited Acts by Elected and Appointed City Officials and Employees , No elected or appointed official or employee of the city shall: r. 1 . Act or refrain from acting in any capacity in which he is lawfully empowered to act as such an official or -8- employee by reason of any payment, offer to pay, '�' promise to pay, or receipt of anything of actual pecuniary value other than compensation to be paid by the city; or 2 . Use confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself, his spouse, his dependent child in his custody, or any business with which he is associated; or 3 . Disclose confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself or any other person. Sec. 2-43 . Additional Prohibited Acts by Certain Elected and Appointed City Officials and Employees , Exceptions . No elected or appointed official or employee of the city, serving in an executive or administrative capacity, shall : 1 . Perform any service for the City for receipt or payment of any compensation, other than of the ^� compensation provided for the performance of his official duties , in excess of five hundred dollars per annum, except on transactions made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer is the lowest received; 2 . Sell , rent or lease any property to the City and receive consideration therefor in excess of five hundred dollars per year unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received; 3 . Participate in any matter , directly or indirectly, in which he attempts to influence any decision of the city when he knows the result of such decision may be the acceptance of the performance of a service or the sale, rental , or lease of any property to the city for consideration in excess of five hundred dollars value per annum to him, to his spouse, to a dependent child in his custody or to any business with which he is associated unless the transaction is made pursuant to an award on a contract let or sale made after public ^. notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received; -9- � 4 . Perform any services during the time of his office or employment for any consideration from any person, firm or corporation , other than the compensation provided for the performance of his official duties , by which service he attempts to influence a decision of the city; 5 . Perform any service for consideration, during one year after termination of his office or employment, by which performance he attempts to influence a decision of the city, except that this provision shall not be construed to prohibit any person from performing such service and receiving compensation therefor , in any adversary proceeding or in the preparation or filing o£ any public document; 6 . Perform any service for any consideration for any person, firm or corporation after termination of his office or employment . in relation to any case , decision, proceeding or application with respect to which he was directly concerned or in which he personally participated during the period of his service or employment . Sec. 2-44 . Prohibited Acts by Members of Governing .--. Bodies of Political Subdivisions , Exceptions . 1 . No member of the city council shall : ( 1 ) Perform any service for any consideration other than the compensation provided for the performance of his official duties; or ( 2 ) Sell , rent or lease any property to the City for consideration in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or a sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received; ( 3 ) Attempt , for any compensation other than the compensation provided for the performance of his official duties , to influence the decision of the city on any matter ; except that, this provision shall not be construed to prohibit such person from participating for compensation in the preparation or filing of any public document . 2. No sole proprietorship, partnership, joint venture or corporation in which any member of the city council is ^ the sole proprietor , partner , coparticipant or owner of in excess of ten percent of the outstanding shares of any class of stock, shall : -10- ( 1 ) Perform any service for the city for any ^ consideration in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received; ( 2 ) Sell , rent or lease any property to the city where the consideration is in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or a sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received, Sec. 2-45 . Exceptions to Applicability of Sections 2-41 to 2-45 . 1 . No provision of Sections 2-41 to 2-45 shall be construed to prohibit any person from performing any ministerial act or any act required by order of a court or by law to be performed . 2 . No provision of Sections 2-41 to 2-45 shall be construed to prohibit any person from communicating ,� with the city attorney concerning any prospective claim or complaint then under consideration not otherwise prohibited by law. 3. No provisions of Sections 2-41 to 2-45 shall be construed to prohibit any person, firm or corporation from receiving compensation for property taken by the city under the power of eminent domain in accordance with the provisions of the constitution and the laws of the state . ARTICLE V. HOUSING AUTHORITY Sec. 2-51 . Purpose. Whereas, section 99 .040 of Revised Statutes of Missouri , provides that upon petition of fifty (50 ) taxpayers of the city asking for a housing authority, the city council shall determine whether there is a need for a housing authority in the city; and whereas , there has been presented to the council a petition signed by fifty ( 50 ) taxpayers of the city asking for the creation of a housing authority; and whereas , it is hereby determined the insanitary and unsafe inhabited dwelling accommodations exist in the city, that there is a shortage of safe and sanitary dwelling accommodations in the city available ,._., to persons of low income at rentals which they can afford, that there exists in the city a condition of overcrowding in -11- population to the land coverage, that the light, air , space and ''� access available to the inhabitants of insanitary and unsafe inhabited dwellings is insufficient, that the size and arrangements of the rooms and sanitary facilities of many dwellings of persons of low income are inadequate, and that conditions exist in such dwellings which endanger life and property, fire or other causes , the council hereby declares that there is a necessity for a housing authority as defined in Chapter 99 , Revised Statutes of Missouri . Sec. 2-52. Membership; Appointment , Qualifications , Term, Chairman . The mayor is hereby notified and directed to appoint five ( 5 ) persons who are taxpayers of the city and who have resided in the city for five ( 5 ) years prior to their appointment , as commissioners of the housing authority. Three ( 3 ) of the commissioners shall be designated to serve for terms of one ( 1 ) , two ( 2 ) and three ( 3 ) years respectively from the date of their appointment , and two ( 2 ) of the commissioners shall be designated to serve for terms of four (4 ) years from the date of their appointment . Thereafter the commissioners shall be appointed for terms of four ( 4 ) years except that all vacancies shall be filled for the unexpired term. The mayor shall designate which of the commissioners appointed shall be the first chairman . .-., Sec. 2-53 . Housing Authority Declared a Municipal Corporation . After the appointment of the commissioners of said housing authority, they shall be known as the commissioners of the housing authority of the City of Cape Girardeau, and there is hereby created a municipal corporation known as the Housing Authority of the City of C.ape Girardeau, which corporation shall function in accordance with the laws of the State of Missouri . " SECTION 5 . If any section , subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such ho.lding shall not affect the validity of the remaining portions hereof . � -12- r SECTION 6 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS � DAY OF � , 1986 . � ' / } , ✓�G�-itit� t__. � :r-v-�c--c__ Howard C. Tooke, Mayor ATTEST: Gi��Z�. Alvin M. Stoverink , City Clerk �^-�, ; � -13-