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HomeMy WebLinkAboutCharter.1981.OriginalF f. 1 CITY CHARTER 1 ���I LIW _1 EAL 1 CAPE GIRARDEAU, MISSOURI j 'fore, /1%�d % ✓�� ' MEMBERS OF THE CAPE GIRARDEAU CHARTER COMMISSION NARVOL A. RANDOL ' Chairman HOWARD C. TOOKE Vice -Chairman ' J. HUGH LOGAN Secretary ' A. C. "Doc" Brase James P. Limbaugh Edward E. Calvin Thomas M. Meyer ' Ralph L. Edwards Paul W. Stehr Vernon V. Fee Don R. Strohmeyer Peter Hilty George H. Wrape A STATEMENT TO THE PEOPLE OF CAPE GIRARDEAU In October, 1971, Missouri voters approved a constitutional ' amendment permitting a greater degree of home rule for the cities of the state. At the city election in April, 1981, Cape Girardeau voters elected a thirteen -member commission to draft a charter for the city under this Home Rule provision. ' Since their election, members of the Cape Girardeau Charter Commission have met regularly to work on a charter for the city. Two public hearings have been held. Criticisms and suggestions ' brought out in a public hearing were taken into account before completion of the final draft of the charter. The Commission has now completed the proposed Charter, which will be presented to the voters at the November 3, 1981 city election. A CHARTER A city charter may be viewed as the basic legal document for the city government. The charter need not include all the details necessary for the day-to-day operation of the city, but should provide the basic framework within which such procedures and functions can be developed by the elected representatives of the people. A charter should provide the governing body sufficient ' flexibility to deal effectively with problems confronting the city, yet contain the necessary safeguards to protect citizens against the abuse of power. Allowing local officials a greater hand in running the affairs of the city is the esseryce of Home t Rule. Some significant provisions of the charter proposed for Cape Girardeau follow. FORM OF GOVERNMENT ' It was the intent of the Cape Girardeau Charter Commission to retain the best features of the present city government. The charter proposed by the Commission provides for the continuation of the council-manager form of government. Under the new charter, the voters would elect a city council. A mayor would run at large for the position of mayor, instead of being selected by the council. The council would employ a full-time city manager who would serve at the pleasure of the council. The manager would be ' the administrative head of the city, selected on the basis of administrative qualifications and experience. or prohibitions as listed in Section 3.06, 3.07, 11.01, and 11.03. FINANCES Fiscal procedures for the city are covered in considerable detail in Article VI of the charter. The article not only out- lines procedures to be followed, but establishes certain safeguards to insure the proper conduct of the fiscal affairs of the city. POPULAR CONTROL. The charter further provides the opportunity for citizen participation in city government through the initiative, referendum, and recall as outlined in Article VIII. Amendments to the charter would require approval of the voters. ORGANIZATION OF THE CHARTER The organization of the charter is as follows: Article 1 THE CITY COUNCIL Article Under the proposed charter, the legislative power for the ' city would rest in a seven (7) member council, one of whom would III be the Mayor, elected at large by the voters of the city. Members Article would be elected for four year terms on a rotating basis. City Manager Candidates for the council would be nominated by petition as ' provided in Article VII. The city election would be held every other year on the first Tuesday in April, with a primary election Personnel System to be held if more than two candidates seek the same seat on the VI council. , Section 3.14 of the charter elaborates in detail the procedure Nominations and Elections for the enactment of an ordinance. Copies of a proposed ordinance VIII would be available for public inspection, and citizens would have an Article opportunity to express their views concerning matters brought ' before the council. X Council members would be subject to a number of restrictions ' or prohibitions as listed in Section 3.06, 3.07, 11.01, and 11.03. FINANCES Fiscal procedures for the city are covered in considerable detail in Article VI of the charter. The article not only out- lines procedures to be followed, but establishes certain safeguards to insure the proper conduct of the fiscal affairs of the city. POPULAR CONTROL. The charter further provides the opportunity for citizen participation in city government through the initiative, referendum, and recall as outlined in Article VIII. Amendments to the charter would require approval of the voters. ORGANIZATION OF THE CHARTER The organization of the charter is as follows: Article I Incorporation, Name and Boundaries Article II Form of Government and Powers Article III The Council Article IV City Manager Article V Administrative Organization and Personnel System Article VI Financial Procedures Article VII Nominations and Elections Article VIII Initiative, Referendum and Recall Article IX Franchises Article X Licensing, Taxation and Regulation Article XI General Provisions Article XII Transitional Provisions Article XIII Schedule IMPLEMENTATION OF NEW CHARTER If approved by the voters at the November 3, 1981 election, t the proposed charter shall be in effect at the time of its adoption to the extent necessary in order to conduct the first election of the members of the city council in accordance with the provisions of this charter. Adoption of this charter will require the members of the present council to run for re-election April 6, 1982. The various agencies, boards, departments, offices, etc., now es- tablished would be continued, subject to changes made by the council. As a citizen of Cape Girardeau, you are encouraged to read and study the proposed charter prior to the city election of November 3, 1981. An effective city government will contribute to a better life for us all. Respectfully submitted, CAPE GIRARDEAU CHARTER COMMISSION TABLE OF CONTENTS ARTICLE 1 - INCORPORATION, NAME AND BOUNDARIES Section 1.01. Incorporation, Name and Boundaries ARTICLE II - FORM OF GOVERNMENT AND POWERS Section 2.01. Form of Government Section 2.02. Powers Section 2.03. Construction Section 2.04. Where Powers Vested ARTICLE III - THE COUNCIL Section 3.01. Composition of Council Section 3.02. Eligibility Section 3.03. Term of Office Section 3.04. Mayor Section 3.05. Compensation Section 3.06. Prohibitions Section 3.07. Vacancies; Forfeiture of Office; Filling of Vacancies Section 3.08. Judge of Qualifications Section 3.09. Investigations Section 3.10. Independent Audit Section 3.11. City Treasurer Section 3.12. City Clerk Section 3.13. Legislative Proceedings Section 3.14. Ordinances Section 3.15. Emergency Measures Section 3.16. Resolutions Section 3.17. Other Actions Section 3.18. Codification of Ordinances ARTICLE IV - THE CITY MANAGER Section 4.01. Appointment; Qualifications; Compensation Section 4.02. Acting City Manager ' Section 4.03. Powers and Duties of the City Manager ARTICLE V - ADMINISTRATIVE ORGANIZATION AND PERSONNEL SYSTEM ' Section 5.01. Creation of Departments, Offices and Agencies Section 5.02. Direction by City Manager Section 5.03. Existing Departments ' Section 5.04. Boards and Commissions Section 5.05. Existing Boards and Commissions Section 5.06. Planning and Zoning Commission Section 5.07. Employee Personnel ' Section 5.08. Merit Principles Section 5.09. City Attorney Section 5.10. Duties of City Attorney ' I ' ARTICLE VI - FINANCIAL PROCEDURES Section 6.01. Fiscal Year Section 6.02. Submission of Budget and Budget Message ' Section 6.03. Budget Section 6.04. Capital Program Section 6.05. Council Action on Capital Program Section 6.06. Council Action on Budget Section 6.07. Public Records Section 6.08. Amendments After Adoption Section 6.09. Administration of Budget Section 6.10. Tax Rates and Tax Rolls Section 6.11. Sale of Bonds ARTICLE VII - NOMINATIONS AND ELECTIONS Section 7.01. City Elections ' Section 7.02. Non -Partisan Election Section 7.03. Nominations by Petition Section 7.04. Preparation of Ballots Section 7.05. Voting Machines Section 7.06. Number of Votes ' Section 7.07. Primary Elections Section 7.08. Determination of Primary Election Results Section 7.09. General or Special Elections ' ARTICLE VIII - INITIATIVE, REFERENDUM AND RECALL Section 8.01. General Authority Section 8.02. Commencement of Proceedings, t Petitioners' Committee; Affidavit Section 8.03. Petitions Section 8..04. Procedure After Filing Section 8.05. Referendum Petitions; Suspension of Effect of Ordinance ' Section 8.06. Action on Petitions Section 8.07. Recall Ballot Section 8.08. Results of Election Section 8.09. Conduct of Initiative, Referendum ' and Recall Elections Section 8.10. Resubmission of Initiative Petitions ARTICLE IX - FRANCHISES ' Section 9.01. Granting of Franchises Section 9.02. Right of Regulation Section 9.03. Purchases; Condemnation ' Section Section 9.04. 9.05. Revocable Permits Operation Beyond Franchise Period Section 9.06. Use of Public Property ARTICLE X - LICENSING, TAXATION AND REGULATION Section 10.01. Objects of Licensing, Taxation and Regulation ARTICLE XI - GENERAL PROVISIONS Section 11.01. Personal Financial Interest Section 11.02. All Ordinances Effective on Municipal Land Section 11.03. Prohibitions Section 11.04. Notice of Suits Section 11.05. Official Bonds Section 11.06. Charter Amendment Section 11.07. Public Improvements and Special Assessments Section 11.08. Proof of Ordinance Section 11.09. Specified Powers Not Limiting Section 11.10. Separability Section 11.11. Use of Masculine Pronoun ARTICLE XII - TRANSITIONAL PROVISIONS Section 12.01. Personnel System Section 12.02. Ordinances to Remain in Force Section 12.03. Pending Actions and Proceedings Section 12.04. Continuance of Contracts, Public Improvements and Taxes ARTICLE XIII - SCHEDULE Section 13.01. Election to Adopt Charter Section 13.02. Ballot for Charter Election Section 13.03. First Election Section 13.04. Time of Taking Full Effect Section 13.05. Incumbent Councilmen; First Meeting of Newly Elected Council Section 13.06. Temporary Ordinances Section 13.07. Purpose of Schedule I I 11 I 1 I ARTICLE I Incorporation, Name and Boundaries SECTION 1.01. Incorporation, Name and Boundaries. The inhabitants of the City of Cape Girardeau, Missouri, within the corporate limits as now established or as hereafter established in the manner provided by law, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the City of Cape Girardeau. ARTICLE II Form of Government, Powers SECTION 2.01. Form of Government. The municipal government provided by this charter shall be the council-manager form of government. SECTION 2.02. Powers. The City shall have all powers which the General Assembly of the State of Missouri has authority to confer upon any city, provided such powers are consistent with the Constitution of the State and are not limited or denied either by this charter or by statute. The City shall, in addition to its home rule powers, have all powers conferred by law. SECTION 2.03. Construction. The powers of the city shall be liberally construed. The specific mention of a particular power in this charter shall not be construed as limiting the powers of the city. SECTION 2.04. Where Powers Vested. Except as this charter provides otherwise, all powers of the city shall be vested in the council. The council shall provide for the exercise of these powers and for the performance of all duties and obligations imposed on the city by law or this charter. -2 - ARTICLE III The Council SECTION 3.01. Composition of Council. The city council shall consist of seven (7) members, six (6) councilmen and a mayor, all elected at large by the voters of the city. Said members shall be nominated and elected as provided in Article VII of this charter. SECTION 3.02. Eligibility. A member of the council shall be a registered voter of the city, and shall be at least twenty-one (21) years of age, and shall have been a resident of the city for at least four (4) consecutive years immediately prior to their election. SECTION 3.03. Term of Office. At the first general election under this charter, six (6) councilmen shall be elected; the three (3) candidates receiving the greatest number of votes shall serve for terms of four (4) years, and the three (3) candidates receiving the next greatest number of votes shall serve for terms of two (2) years. Commenc- ing at the next general election and at all subsequent general elections, three (3) councilmen shall be elected; each of the three (3) candidates receiving the greatest number of votes shall serve for a term of four (4) years. SECTION 3.04. Mayor. At the first general election under this charter, and every four (4) years thereafter, a mayor shall be elected for a term of four (4) years. He shall be a member of the council and shall have the same qualifications as are required for other councilmen. The mayor shall preside at meetings of the council, shall have the right to vote, and shall be recognized as head of the city government for all legal and ceremonial purposes and by the governor for purposes of military law. The mayor shall have no administrative duties and shall have no veto power. The council shall elect from its members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor and, if a vacancy occurs, shall act as mayor until such vacancy is filled as provided in Section 3.07. SECTION 3.05. Compensation. Each councilman shall receive a salary of One Hundred Dollars ($100.00) per month for his or her services. The mayor shall I I -3- receive a salary of One Hundred Fifty Dollars ($150.00) per month. Every five (5) years after the effective date of this charter the salaries of councilmen and mayor shall be reviewed by the members of the council, which may adjust the salaries by ordinance. This section shall not apply to increase any salaries during a term of office; any increase shall become effective at the start of the next succeeding term. SECTION 3.06. Prohibitions. (a) Holding Other Office. Except where authorized by law, or pursuant to an agreement between the city and another entity of government, no councilman shall hold any other city office or city employment during the term for which he was elected to the council, and no former councilman shall hold any compensated appointive city office or city employment until one (1) year after the expiration of the term for which he was elected to the council. (b) Appointments and Removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the city manager or any of his subordi- nates are empowered to appoint, but the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. ' (c) Interference With Administration. Except for the purpose of inquiries and investigations under Section 3.09 of this Article, the council or its members shall ' deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.07. Vacancies; Forfeiture of Office; Filling of Vacancies. I (a) Vacancies. The office of a councilman or of a mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office. (b) Forfeiture of Office. A councilman or a mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualification for the office prescribed by this charter or by law; (2) Violates any express prohibition of this charter; -4- (3) Is convicted of a crime involving moral turpitude; (4) Remains in default to the city after notice of such default; or (5) Fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (c) Filling of Vacancies. A vacancy in the council or in the office of mayor may be filled by the council for a period running to the next general election unless such period exceeds one (1) year. If the period exceeds one (1) year, the council shall make arrangements for a special election to fill such vacancy for the unexpired term. The requirement for a quorum, as provided in Section 3.13 of this Article, shall govern only if sufficient members remain on the council. If the council fails to fill said vacancy within sixty (60) days after the date of its occurrence, the council shall call a special election to fill the vacancy at the earliest possible date, except that no election shall be called for such purpose within one hundred eighty (180) days preceding the next general city election. SECTION 3.08. Judge of Qualifications. The council shall be the judge of the election and qualifi- cations of its members and of the grounds for forfeiture of their office as provided in Section 3.07 of this Article, and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall, upon his request, be entitled to a public hearing before the council. SECTION 3.09. Investigations. The council may make investigations into the affairs of the city and the conduct of any city department, office or agency ,and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in exercise of these powers by the council shall be guilty of a misdemeanor and shall be punishable as provided by ordinance. SECTION 3.10. Independent Audit. The council shall provide for an independent audit of all city accounts at least annually. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government. A copy of the report prepared by the certified public accountant or firm of such accountants shall be kept in the office of the city clerk and shall be open to public inspection. 1 -5- SECTION 3.11. City Treasurer. ' The council shall appoint a city treasurer who shall hold office at the pleasure of the council. Nothing in this section shall be construed to mean that the treasurer may not be the same ' person as the city clerk. SECTION 3.12. City Clerk. The council shall appoint a city clerk who shall hold office ' at the pleasure of the council. The city clerk shall keep the journal of council proceedings, authenticate by his signature all ordinances and resolutions, and record them in full in a book kept for that purpose. The city clerk shall perform such other ' duties as may be required by law, by this charter, or by the council. The council may provide for the assignment or perfor- mance of duties by the city clerk under the supervision of the city manager. ■ SECTION 3.13. Legislative Proceedings. (a) Meetings. The council shall meet regularly at least twice each month at such times and places as the council may prescribe by rule. The mayor upon his own motion may, or at the request of three (3) members of the council shall, call a special meeting of the council for a time not earlier than three (3) hours after notice is given to all members of the council then in the city. Special meetings of the council may also be held at any time by the consent of all the members of the council, and such consent may be given either prior to or during the special meeting. No action by the council shall have legal effect unless the motion for the action and the vote by which it is disposed of take place at proceedings open to the public. (b) Meetings Open. All meetings of the council shall be open to the public except that a closed or executive session may be held for purposes of discussing any personnel matter, or any matter, the premature dis- closure of which might affect pending litigation, contract negotiations, property acquisitions or request for bids. (c) Rules and Journals. Except as herein provided, the ' council shall determine its own rules and order of business. It shall cause a journal of its proceedings to be kept and this journal shall be open to public inspection. ' (d) Quorum. A majority of the council (four members) shall constitute a quorum for the transaction of business, -6 - but a smaller number may meet and compel the attendance of absent members in the manner and subject to such penalties as may be prescribed by the rules of the council. (e) Voting. Voting may be by roll call or voice vote at the discretion of the presiding officer. Any member of the council may request a roll call vote at any time before, or immediately after a voice vote is taken, and such request shall be granted. (1) Voice Vote. The presiding officer shall announce the results of any voice vote, and except on procedural motions, the ayes and nays shall be recorded in the journal. (2) Roll Call Vote. In all roll call votes the names of the members of the council shall be called in alphabetical order and the name to be called first shall be advanced one position alphabetically in each successive roll call vote. In all roll call votes, the ayes and nays shall be recorded in the journal. The vote of any member of the council who abstains from voting shall be cast and recorded with the majority of the members voting, provided, however that this provision shall not apply to the vote of any councilman abstaining for the expressly stated purpose of compliance with the provisions of Section 11.01 relating to personal financial interest. Except as otherwise provided by statute or by this charter, all actions of the council shall require an affirmative vote of at least four (4) members. SECTION 3.14. Ordinances. (a) Introduction of Ordinances. Those legislative acts of the council, permanent in nature, shall be by ordinance. An ordinance may be introduced by any member of the council at any regular meeting, or at a special meeting wherein said proposed ordinance appears on the agenda for the meeting. A copy of each proposed ordinance shall be provided for each council member at the time of its introduction, and at least three (3) copies shall be provided for public inspection in the office of the city clerk until it is finally adopted or fails of adoption. Every such ordinance shall be by bill in written or printed form with the subject of the ordinance clearly expressed in its title. The enacting clause shall be "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI." -7 - The enacting clause of all ordinances submitted by ' initiative shall be "BE IT ORDAINED BY THE PEOPLE OF THE CITY OF CAPE GIRARDEAU, MISSOURI." No ordinance except those making appropriations of ' money and those codifying or revising existing ordi- nances shall contain more than one (1) subject, which shall be clearly expressed in its title. Ordinances making appropriations shall be confined to the subject matter of the appropriations. ' (b) Standard Codes. The council may adopt any standard code of technical regulations by reference thereto without the necessity of setting forth the same in ' detail, provided however, the code of technical regu- lations shall be attached to the ordinance adopting the same and copies of the technical code adopted shall remain on file in the office of the city clerk and shall be available for public inspection by all inter- ested persons. (c) Reading of Bills. All bills shall be read three (3) times in open council meetings before final passage, with no more than two (2) readings (except readings of appropriations and emergency measures) at the same session. All readings of bills may be by title only unless reading in full is required by state statute or court decision or requested by one (1) or more members ' of the council. Except for appropriation ordinances or for emergency measures as provided for in Section 3.15, at least seven (7) days shall elapse between the intro- duction and final passage of any bill. Appropriation ' ordinances and emergency measures may be read three (3) times and finally passed at the meeting at which presented. ' (d) Public Hearings. Prior to the final passage of any bill, except as hereinafter provided, all persons interested therein may be heard before the council at regular or special meetings in accordance with such rules or regulations as the council may establish. 1 (e) Final Passage. After the third reading of any bill and compliance with other provisions herein, the council may pass a bill with or without amendment. If the bill is amended in such manner as to constitute a material ' change in substance, as determined by the council, final action shall not be taken until a subsequent meeting at least seven (7) days after such amendment. Any ordinance, when passed by the council, shall be ' signed by the presiding officer, attested by the city clerk, properly indexed in a book kept for the purpose, filed and preserved as a public record in the office of the city clerk. 1 a:C (f) Effective Date. Unless a later date is specified therein, every ordinance shall become effective ten (10) days after its final passage, subject to pro- visions of Paragraph (g), hereunder; provided, however, that appropriation ordinances and emergency measures shall be effective immediately upon final passage. (g) Effective Date Under Referendum Petition. The effec- tive date of an ordinance shall be delayed an addi- tional thirty (30) days if an intent to petition is filed within ten (10) days after final passage of the ordinance under Section 8.02 of Article VIII relating to Referendum Petition. SECTION 3.15. Emergency Measures. The council may adopt an emergency measure which shall take effect immediately upon its passage, if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency. Final action on such an ordinance may be taken at the meeting in which the measure is introduced, but shall require at least five (5) affirmative votes if greater than a quorum is present. The emergency procedure shall be restricted to the following: (a) Bills concerning the immediate preservation of public peace, property, health, safety or morals. (b) An appropriation for payment of principal or interest on the public debt. (c) An appropriation for the payment of current expenses of city government, including emergency appropriations as provided in Section 6.08. (d) Calling an election or providing for the submission of a proposal to the people. An ordinance granting, reviewing or extending a franchise shall not be passed as an emergency ordinance. SECTION 3.16. Resolutions. The council may act on matters of a transitory nature by resolution. A resolution may be adopted at the meeting at which it is presented after only one (1) reading of the title. SECTION 3.17. Other Actions. The council may, without the constraints imposed by this charter for the enactment of an ordinance, act on such other incidental matters as it may see fit, with the ayes and nays to be recorded in the journal. I �I -9- SECTION 3.18. Codification of Ordinances. At intervals as the council may determine, all ordinances and resolutions having the force and effect of law shall be revised, codified and promulgated according to a system of continuous numbering and revision as specified by ordinance. ARTICLE IV City Manager SECTION 4.01. Appointment; Qualifications; Compensation. The council shall appoint a city manager for an indefinite term and shall fix his compensation and conditions of employment. The city manager shall hold office at the pleasure of the council. The city manager shall be appointed solely on the basis of his executive and administrative qualifications with special refer- ence to knowledge of, and experience in, municipal administration. The city manager need not be a resident of the city or state at the time of his appointment, but shall reside within the city during his tenure of office. The city manager shall devote full time to the duties of his office. SECTION 4.02. Acting City Manager. By letter filed with the city clerk, the city manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of city manager during the temporary absence or disability of the city manager. The council may revoke such designation at any time and appoint another person to serve until the city manager shall return or his disability shall cease. SECTION 4.03. Powers and Duties of the City Manager. The city manager shall be the chief administrative officer ' of the city and shall be responsible to the council for the proper administration of all city affairs placed in his charge by or under this charter. To that end he shall have the following powers and duties: (a) He shall appoint and, when he deems it necessary for the good of the service, suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as ' otherwise provided by law, by this charter or by personnel rules adopted pursuant to this charter. He may authorize any administrative officer who is subject -10 - to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (b) He shall direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law. (c) He shall attend all council meetings and shall have the right to take part in discussion, but may not vote. He shall receive notice of all special meetings. (d) He shall see that all laws, ordinances, provisions of this charter and acts of the council are faithfully enforced. (e) He shall prepare and submit the annual budget and capital program to the council. (f) He shall submit to the council and make available to the public a complete report on the finances and ad- ministrative activities of the city as of the end of each fiscal year. (g) He shall make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision. (h) He shall keep the council fully advised as to the financial condition of the city and make such recom- mendations to the council concerning the future needs of the city as he may deem appropriate. (i) He shall facilitate the prompt, economical and effi- cient dispatch of city business, and to that end he may from time to time organize or reorganize the work of the departments responsible to the city manager, assign assistants, deputies and employees from any office or department of the city government under the city manager to perform work or service in connection with any other office or department thereof, or to work in more than one of said offices or departments. (j) He shall have the right to examine, or cause to be examined, without notice, the official conduct of any officer, assistant, deputy, clerk or employee in any of the departments of the city government under the control of the city manager. (k) He shall perform such other duties as are specified in this charter, or as may be required by the council not inconsistent with this charter. ARTICLE V Administrative Organization and Personnel System SECTION 5.01. Creation of Departments, Offices and Agencies. By ordinance, the council shall establish and prescribe the functions of such departments, offices and agencies as it deems necessary. The council may further reorganize, alter, abolish or discontinue any department, office or agency so created. SECTION 5.02. Direction by, City Manager. Unless otherwise specified in the ordinance, all departments, offices or agencies established by the council shall be under the direction and supervision of the city manager, and directors of such departments or agencies shall be appointed by and responsible to the city manager. Two or more departments may be headed by the same person, and the city manager may serve as director of one or more departments. SECTION 5.03. Existing Departments. Existing departments, agencies, authorities and offices shall be continued as now constituted and with the same powers and duties, subject, however to the power of the council to eliminate, revise, consolidate, change or alter the same by ordinance as it may deem necessary. SECTION 5.04. Boards and Commissions. ' The council may, by ordinance, establish (a) quasi-judicial appeal boards and (b) boards or commissions to serve solely in an advisory capacity. Unless otherwise required by law, such boards or commissions shall be appointed by the council. ' SECTION 5.05. Existing Boards and Commissions. Existing boards or commissions shall be continued as now constituted and with the same powers and duties, subject, however to the power of the council to eliminate, revise, consolidate, change or alter the same by ordinance as it may deem necessary. SECTION 5.06. Planning and Zoning Commission. ' The council shall establish and maintain a planning and zoning commission whose powers and duties are prescribed by ordinance in a manner not inconsistent with this charter or the requirements of State statutes. I -12 - SECTION 5.07. Employee Personnel. The council shall, by ordinance, adopt such personnel policies as it may deem appropriate, providing a comprehensive personnel system for city officers and employees. The personnel ordinance may authorize the city manager, or a personnel board if one is established, to promulgate regulations dealing with personnel matters. The personnel ordinance and any regulations promulgated pursuant thereto shall be consistent with this charter. SECTION 5.08. Merit Principles. All appointments and promotions of city officers and employees shall be on the basis of merit and fitness demonstrated by examina- tion or other evidence of competence. SECTION 5.09. City Attorney. There shall be a 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 city attorney shall be a member of the Missouri Bar Association. SECTION 5.10. Duties of City Attorney. The city attorney shall serve as chief legal adviser to the council, the city manager, and all city departments, agencies and officers. The city attorney or such other attorneys as the council may designate shall represent the city in all legal proceedings. The city attorney shall perform such other duties as may be assigned by the city manager or prescribed by ordinance ARTICLE VI Financial Procedures SECTION 6.01. Fiscal Year. The fiscal year of the city shall begin on the first day of July and end on the last day of June unless otherwise provided by ordinance. SECTION 6.02 Submission of Budget and Budget Message. The city manager shall submit to the council a budget for the ensuing fiscal year and an accompanying message on or before forty-five (95) days prior to beginning the fiscal year. I I 1 -13- SECTION 6.03. Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the council may require. The budget shall indicate in separate sections: (1) Proposed expenditures for current operations during the ensuing fiscal year and the method of financing such expenditures. (2) Proposed capital expenditures during the ensuing fiscal year and the proposed method of financing each such capital expenditure; and (3) Anticipated net surplus or deficit for the ensuing fiscal year of each utility or "enterprise account" owned or operated by the city and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure infor- mation shall be attached as appendices to the budget. The total of proposed expenditures shall not exceed the total of estimated income plus any unencumbered balance or less any deficit estimated for the beginning of the fiscal year. SECTION 6.04. Capital Program. (a) Submission to Council. The city manager shall prepare and submit to the council a five-year capital program at least one hundred fifty (150) days prior to the beginning of the fiscal year. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; (3) Cost estimates, method of financing, projection of revenue sources to meet costs, and recommended time schedules for each such improvement; and (4) The estimated annual cost of operating and main- taining any capital additions to be constructed or acquired. -19 - The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. SECTION 6.05. Council Action on Capital Program. (a) Notice and Hearing. The council shall publish in one or more newspapers of general circulation in the city a notice stating: (1) The times and places where copies of the capital program are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for a public hearing on the capital program. (b) Adoption. The council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before 90 days prior to beginning the new fiscal year. SECTION.6.06. Council Action on Budget. (a) Notice and Hearing. The council shall publish in one or more newspapers of general circulation in the city a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for a public hearing on the budget. (b) Amendment Before Adoption. After the public hearing, the council may adopt the budget with or without amend- ment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income, plus any unencumbered balance or less any deficit estimated for the beginning of the fiscal year. (c) Adoption. The council shall adopt the budget on or before the first day of the new fiscal year. If it fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing -15 - fiscal year on a month-to-month basis, with all items ' in it prorated accordingly, until such time as the council adopts a budget for the ensuing fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. ' SECTION 6.07. Public Records. Copies of the budget and the capital program as adopted ' shall be public records and shall be made available to the public at suitable places in the city. SECTION 6.08. Amendments after Adoption. (a) Supplemental Appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the council by ordinance may make supple- mental appropriations for the year up to the amount of such excess. (b) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the council without delay, indicating the estimated amount of the deficit, any remedial action taken by him and ' his recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations. (c) Transfer of Appropriations. At any time during the fiscal year the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the city manager, the council may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. I (d) Emergency Appropriations; Effective Date. The supplemental appropriations and reduction or transfer of appropriations, authorized by this section to be made by ordinance, may be made effective immediately upon adoption, and may ' be made by emergency ordinance in accordance with the provisions of Section 3.15. SECTION 6.09. Administration of Budget. (a) Work Programs and Allotments. At such time as the city manager shall specify, each department, office or agency shall submit work programs for the ensuing fiscal year showing the requested allotments of its -16 - appropriation by periods within the year. The city manager shall review and authorize such allotments with or without revision as early as possible in the fiscal year. He may revise such allotments during the year if he deems it desirable and shall revise them to accord with any supplemental, reduced or transferred appropriations made pursuant to Section 6.08. (b) Payments and Obligations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the city manager or his designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and payment so made illegal; such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation, and he shall also be liable to the city for any amount so paid. However, except where prohibited by law, nothing in this charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improve- ments to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance. SECTION 6.10. Tax Rates and Tax Rolls. (a) Immediately after the budget is finally adopted, the council shall by ordinance set the tax rates and levy on the various classes of property, and the levy so established shall be certified by the city clerk to the appropriate official, who shall compute the taxes and extend them upon the tax rolls. (b) The rates of taxes levied by the council shall be within the limits now or hereafter authorized by the constitution and law of the state applicable to cities adopting constitutional charters and no tax shall be imposed unless clearly authorized by this charter, the constitution or the general statutes of the State of Missouri, any conflicting provisions herein to the contrary notwithstanding. (c) No income tax or tax on wages or earnings shall be levied or collected unless clearly authorized by a I -17 - majority of the qualified voters voting at a general ' election or special election called for said purpose, at which such tax or taxes are submitted to a vote of the people. (d) Nothing contained in this section is intended to affect taxes which are presently authorized or tax ordinances and the same shall remain and be in force until altered, modified or repealed by ordinance. ' SECTION 6.11. Sale of Bonds. Except as otherwise required by law or this charter, all general obligation bonds issued by the city shall be sold at public sale upon sealed proposals after notice published at least once in a newspaper published in Cape Girardeau, Missouri. ARTICLE VII Nominations and Elections ' SECTION 7.01. City Elections. (a) General Elections. The city general election shall be held on the municipal general election day which shall be the first Tuesday in April in each even numbered year, commencing in 1982. (b) Primary Elections. The city primary election, if required, shall be held on the municipal primary election day which shall be the first Tuesday after the first Monday in February in each even numbered year, commencing in 1982. (c) Special Elections. The city council may, by resolution, order special elections, fix the time for such elections, and provide for holding such elections. (d) Conduct of Elections. All city elections shall be conducted by the election authority or the city clerk, and governed by the provisions of this charter and the applicable state statutes. The city council, by ordinance, may further regulate city elections, subject to the provisions of the charter and applicable state statutes. SECTION 7.02. Non -Partisan Election. The names of candidates for any municipal office shall be ' printed on all ballots without party designation, and all elec- tion campaigns shall be conducted on a non-partisan basis. eeC SECTION 7.03. Nominations by Petition. (a) Nominations. Nominations of candidates for elective offices shall be by petition. To be valid, any petition for elective office shall be signed by not less than fifty (50) registered voters who are entitled to vote for the candidate so nominated. The signatures shall be executed in ink or indelible pencil. Each signer shall indicate next to his or her signature the date of signing and the place of his or her residence, giving the street and number or other description sufficient to identify his or her place of residence. The city council by ordinance shall designate the appropriate form for nominating petitions and for acceptance of nominations. (b) Filing and Acceptance. All separate papers comprising a nominating petition shall be assembled and filed with the city clerk as one instrument not earlier than ninety (90) days nor later than sixty (60) days before the primary election date. The city clerk shall make a record of the exact time when each petition is filed. No nominating petition shall be accepted by the city clerk unless accompanied by a signed acceptance of the nomination. (c) Procedure After Filing. The city clerk shall notify, by certified mail, the candidate and the person who filed the petition whether or not it is sufficient. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein it is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition or a different petition may be filed for the same candidate. The city clerk shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions. (d) Certification to Election Authority. If the election authority conducts the election, the city clerk shall certify to the said election authority within the time required by state statutes, the names of candidates for whom sufficient petitions have been filed, and shall indicate the order in which such petitions were filed. SECTION 7.04. Preparation of Ballots. Except as provided in Section 7.08 hereof, candidates' names shall be printed or listed on the ballots in the order of the filing of the nominating petitions certified sufficient. The names of candidates in election notices shall be printed in the same manner as they are to appear on the ballot. SECTION 7.05. Voting Machines. The election authority or the city clerk shall have the power to provide for the use of mechanical, electronic, or other devices for voting or counting the votes not inconsistent with state law. -19 - SECTION 7.06. Number of Votes. ' In any primary, general or special election, each registered voter shall be entitled to vote: (a) For mayor, full or unexpired term, for only one (1) candidate. (b) For councilman, full term, for as many candidates as ' there are councilmen to be elected. (c) For councilman, unexpired term, for one (1) candidate for each vacancy to be filled. ' SECTION 7.07. Primary Elections. A primary election shall be held for either or both of the offices of mayor or councilman only in the following instances: ' (a) For mayor, full or unexpired term, if more than two (2) sufficient nominating petitions are filed for the office of mayor. ' (b) For councilman, full term, if the total number of sufficient nominating petitions filed for such full term is more than twice the number of councilmen to be elected at the general election. ' (c) For councilman, unexpired term, if more than two (2) sufficient nominating petitions are filed for the vacancy to be filled. SECTION 7.08. Determination of Primary Election Results. (a) Returns; Canvass. The city council shall canvass the primary election returns as soon as practicable after receipt of such returns from the election authority or city clerk, and shall declare the results of such election. For those offices submitted to a primary election, the following shall be the candidates for the general election, and, except as provided in subsection (b) hereof, their names only shall appear on the general election ballot in the order of total votes received by each: (1) for mayor, full or unexpired term, the two (2) candidates receiving the highest number of votes. (2) for councilman, in the April 1982 election, the twelve (12) candidates receiving the highest number of votes. -20- (3) for councilmen, full term, for all general elections after April 1982, the six (6) candidates receiving the highest number of votes. (4) for councilman, unexpired term, the two (2) candi- dates receiving the highest number of votes. (b) Tie Vote, Primary Election. If at any municipal primary election there shall be two (2) or more candidates receiving an equal number of votes, and if that number of votes would otherwise qualify each such tied candidate for a position on the general election ballot, the city council shall certify all such tied candidates for inclusion on the general election ballot. SECTION 7.09. General or Special Elections. (a) Returns; Canvass. The city council shall canvass the election returns and declare the results of any municipal general election or special election, at a special meeting to be held within one (1) week following every such election, and the candidate or candidates receiving the highest number of votes for each office shall be declared elected, and shall be inducted into office at that time. (b) Tie Vote, General or Special Election. If at any general or special election there shall be two (2) or more candidates receiving an equal number of votes, and if that number of votes would otherwise qualify each such tied candidate for election to office, then the city council shall call a special election at which said candidates shall be the only candidates. ARTICLE VIII Initiative, Referendum and Recall SECTION 8.01. General Authority. (a) Initiative. The registered voters of the city shall have the power to propose ordinances to the council, and if the council fails to adopt an ordinance so proposed without any change in substance, then the voters shall have the power to adopt or reject it at a city election, provided that no ordinance so proposed shall be for the appropriation of money other than if new revenues are created and provided for thereby, or for fixing the salaries of employees. No proposed initiative ordinance shall contain more than one subject, which shall be clearly expressed in its title. ' -21- (b) Referendum. The registered voters of the city shall have the power to require reconsideration by the council of any adopted ordinance, and if the council fails to repeal the ordinance so reconsidered, then to approve or reject it at a city election, provided that such power shall not extend to ordinances for the ' appropriation of money, or to ordinances which have been passed on emergency procedures for the immediate preservation of public peace, property, health or safety, or to ordinances relating to the budget, zoning, salaries of employees or levy of taxes. ' (c) Recall. Any elected official may be removed by the registered voters of the City of Cape Girardeau, except as here- inafter provided. No elected official shall be subject to recall within six (6) months from his or her induction into office nor during the last six (6) months of his or her term; and if he or she is retained in office upon any recall election, he or she shall not be subject to recall within a period of six (6) months thereafter. ' SECTION 8.02. Commencement of Proceedings, Petitioners' Committee; Affidavit. Any five (5) registered voters of the city may commence ' initiative, referendum or recall proceedings by filing with the city clerk an affidavit stating they will constitute the peti- tioners' committee and be responsible for circulating the peti- tion and filing it in proper form, stating their names and addresses ' and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance, or citing the ordinance to be reconsidered, or specifying the name of the elected official to be recalled. ' Promptly after the affidavit of the petitioners' committee is filed, the city clerk shall issue the appropriate petition blanks to the petitioners' committee. ' SECTION 8.03. Petitions. (a) Number of Signatures. Initiative and referendum petitions must be signed by registered voters of the city equal in number to at least ten percent (108) of the total number of voters ' registered to vote at the last general city election. A recall petition shall be signed by registered voters of the city equal in number to at least ten percent (108) of the total number of voters registered to vote at the last general city election. ' (b) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instru- ment for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the ' person signing. Initiative and referendum petitions shall -22 - contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. Recall petitions shall state the name and office of the elected official sought to be recalled. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed, an affidavit executed by the circulator thereof, stating that he or she personally cir- culated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity, before signing, to read the full text of the ordinance proposed or sought to be reconsidered, or the recall statement. (d) Referendum, Time for Filing. Referendum petitions must be filed within forty (40) days after adoption by the city council of the ordinance sought to be reconsidered. SECTION 8.04. Procedure After Filing. (a) Certificate of City Clerk; Amendment. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition found insufficient for lack of the required number of valid signatures may be amended if the petitioners' committee files a notice of intention to amend it with the city clerk within five (5) days after receiving the copy of his certificate and files with the city clerk a supple- mentary petition upon additional papers executed and filed within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Section 8.03, subsections (b) and (c) of this charter. Within five (5) days after it is filed, the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original peti- tion. If a petition or amended petition is found insufficient and the petitioners' committee does not elect to amend or request council review under subsection (b) of this section within the time required, the city clerk shall promptly present his or her certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council Review. If a petition has been found insuf- ficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been found insufficient, a majority of the members of the committee may, -23 - within five (5) days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition in proper form for the same purpose. SECTION 8.05. Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the city clerk and is finally determined to be sufficient, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when; (a) The petitioners' committee withdraws the petition; or (b) The city council repeals the ordinance; or (c) Election results sustaining the ordinance are certified by the council. SECTION 8.06. Action on Petitions. (a) Action by Council. When an initiative or referendum petition has been finally.determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article III of this charter or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (b) Submission to Voters. The vote of the city on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one hundred twenty (120) days from the date of the final council vote thereon. If no general city election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such general election, except that the council may, in its discretion, provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. For the sake of economy, -24 - the provision for a special election can be deferred by a request from the majority of the petitioners' committee with the concurrence of the council. (c) Withdrawal of Petitions. An initiative, referendum, or recall petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal, signed by at least four (4) members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. (d) Recall Election. when a recall petition has been certified to the city council as sufficient by the city clerk, the city council shall fix a date for holding the election, on the next legally available election day but no sooner than sixty (60) days after the petition is certified sufficient. If such office becomes vacant prior to the election, such election shall be canceled, and the vacancy shall be filled as provided in Article III of this charter. SECTION 8.07. Recall Ballot. The ballot shall be in the following form: SHALL BE REMOVED FROM OFFICE? name/title YES NO Voters in favor of the removal place a cross (X) in the square opposite the word "YES". Voters opposed to the removal place a cross (X) in the square opposite the word "NO". If voting machines or devices other than printed ballots are used, the ballot shall be prepared in a form so as to give the elector an opportunity to vote substantially as set forth above. SECTION 8.08. Results of Election. (a) Initiative. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. I£ con- flicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. -2s - (c) Recall. If a majority of the voters in such recall ' election shall vote in favor of the recall, then a vacancy shall exist regardless of any defect in the recall petition. Such vacancy shall be filled as provided in Article III of this charter. If a majority of the voters in such election shall vote against the recall, the elected officer shall continue in office. Any such person who has been recalled shall be ineligible to serve in the city in any capacity at any time during the remainder of the term for which he or she was originally elected. SECTION 8.09. Conduct of Initiative, Referendum and Recall Elections. Notice of initiative, referendum and recall elections shall be given, the elections conducted, the returns canvassed, and the results declared in all respects as in other city elections. SECTION 8.10. Resubmission of Initiative Petitions. Under provisions of this Article, initiative petitions having the same general subject or the same general import of a measure once defeated by the voters, shall not again be filed until a lapse of one (1) year from the date of the election when first submitted. ARTICLE IX Franchises SECTION 9.01. Granting of Franchises. All public franchises and all renewals, extensions, and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted within less than thirty (30) days after application therefor has been filed with the council, nor until a public hearing has been held thereon. No exclusive franchise shall be granted, and no franchise shall be granted for a longer term than twenty (20) years. No such franchise shall be transferable directly or indirectly, except with the approval of the council expressed by ordinance after a public hearing. All public utilities (gas, electric, water and telephone) must have a franchise and the franchise shall not become effective until submitted to the voters and approved by a majority voting thereon. No such public utility franchise ordinance shall be submitted at an election less than sixty (60) days after the grantee named therein has filed its unconditional acceptance of such franchise, and it shall not be submitted to a special election unless the expense of holding such election, as determined by the council, shall have been paid into the city treasury by the grantee. -26 - SECTION 9.02. Right of Regulation. All public franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the council to: (a) Terminate the same for misuse or nonuse, or for failure of the grantee to comply with any of the terms or conditions of the franchise. (b) Require proper and adequate extension of plant and service and the maintenance thereof at the highest practicable standards of efficiency. (c) Establish reasonable standards of service and quality of products. (d) Make an independent audit and examination of accounts at any time, and require reports annually. (e) Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof. (f) Control and regulate the use of the city streets, alleys, bridges, and public places, and the space above and beneath them. (g) Regulate rates, fares and charges and make readjustments thereof from time to time if the same are not regulated by the state. (h) Impose such other regulations from time to time as it may determine to be conducive to the safety, welfare and accommodation of the public. SECTION 9.03. Purchases; Condemnation. The city shall have the right to acquire by condemnation or otherwise the property of any public utility in accordance with the general laws of the state. SECTION 9.04. Revocable Permits. Temporary permits for the operation of public franchises, or like permits for a period not to exceed two (2) years but subject to being renewed for a period not to exceed one (1) year and subject to amendment, alteration, or revocation at any time at the will of the council may be granted only by ordinance on such terms and conditions as the council shall determine. Such permits shall in no event be construed to be franchises, or extensions or amendments of franchises. -27 - SECTION 9.05. Operation Beyond Franchise Period. ' Any operation of a public franchise by a franchise holder, with the tacit permission of the city, beyond the period for which the franchise was granted, shall under no circumstances be construed as a renewal or extension of such franchise. Any such operation shall at most be regarded as a mere temporary permit, ' subject, like other permits, to amendment, alteration, or revocation at any time at the will of the council. ' SECTION 9.06. Use of Public Property. Nothing contained in this Article shall be construed as constituting any surrender or relinquishment to the public service commission or any similar state or federal regulatory body by the city of the city's exclusive right to regulate and control the use of the streets, alleys, boulevards, highways, and other public ways and places of the city, nor its general police powers over all public utilities. ARTICLE X ' Licensing, Taxation, and Regulation SECTION 10.1. Objects of Licensing, Taxation, and Regulation. ' The council shall have power by ordinance to license, tax, and regulate all businesses, occupations, professions, vocations, activities, or things whatsoever set forth and enumerated by the statutes of this state now or hereafter applicable to constitutional ' charter cities, or cities of the third or fourth class, or of any population group, and which any such cities are now or may hereafter be permitted by law to license, tax, and regulate. ARTICLE XI General Provisions ' SECTION 11.01. Personal Financial Interest. ' Any city officer or employee who has a substantial financial interest, as defined by the statutes of the State of Missouri, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any ' land, material, supplies or services to the city or to a contractor supplying the city, shall make known that interest to the city council and shall refrain from voting upon or otherwise partici- pating in his capacity as a city officer or employee in the making or performance of such contract or making of such sale. -28 - Any city officer or employee who willfully violates the require- ments of this section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the city manager or the city council. SECTION 11.02. All Ordinances Effective On Municipal Land In addition to all other powers herein granted, the City of Cape Girardeau shall have the right and authority to administer and enforce all its municipal ordinances within all areas owned or occupied by the city which are outside of the corporate city limits. SECTION 11.03. Prohibitions. (a) Activities Prohibited. (1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of age, race, sex, physical handicap, political or religious opinions or affiliations. (2) No -person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly and indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. The provisions of this section do not in any way prohibit the use of established employment agencies. (b) Penalties. Any person who by himself or with others willfully violates any of the provisions of paragraphs (1) through (3) shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year or both. ' -29- SECTION 11.04. Notice of Suits. ' No action shall be maintained against the city for or on account of any injury growing out of alleged negligence of the city unless notice shall first have been given in writing to the city manager within ninety (90) days of the occurrence for which said damage is claimed, stating the place, time, character and circumstances of the injury, and that the person so injured will claim damages therefor from the city. SECTION 11.05. Official Bonds. All officers and employees of the city who receive, disburse, or are responsible for city funds, and such other officers and employees as the council by ordinance may designate, shall, within such time after election or appointment as may be fixed by ordinance, and before entering upon the discharge of their duties, give bond to the city in such sums and with such sureties as shall be prescribed by ordinance, and subject to approval by the council, conditioned upon the faithful and proper performance of their duties and for the prompt accounting for and paying over to the city of all moneys belonging to the city that may come into their hands. The city shall pay the premiums on all such bonds. SECTION 11.06. Charter Amendment. Amendments to this charter may be framed and submitted to the electors by a commission in the manner provided by law and the Constitution for framing and submitting a complete charter. Amendments may also be proposed by the council or by petition of not less than ten per cent (108) of the registered qualified electors of the city, filed with the city clerk, setting forth the proposed amendment. The council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors at the next general election held in the city not less than sixty (60) days after its passage, or at a special election held as provided by law and the Constitution for a charter. Any amendment approved by a majority of the qualified electors voting thereon shall become a part of the charter at the time and under the conditions fixed in the amendment; sections or articles may be submitted separately or in the alternative and determined as provided by law and the Constitution for a complete charter. SECTION 11.07. Public Improvements and Special Assessments. (a) Improvements. The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance, not inconsistent with applicable state law. (b) Special Assessments. The procedure for levying, collecting and enforcing the payment of special assessments for public improvements or special tax bills evidencing such assessments shall be governed by general ordinance, not inconsistent with applicable state law. -30 - SECTION 11.08. Proof of Ordinance. Any ordinance may be proved by a copy thereof certified by the city clerk under the seal of the city; or, when printed and published by authority of the city, it shall be received in evidence in all courts, or other places, without further proof of authenticity. SECTION 11.09. Specified Powers Not Limiting. The powers and rights specified and granted herein to the City of Cape Girardeau are not in any way intended to limit the general powers of a Constitutional Charter City. SECTION 11.10. Separability. If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstances is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby. SECTION 11.11. Use of Masculine Pronoun. Throughout this charter, any use of the masculine pronoun is understood to apply to either sex. ARTICLE XII Transitional Provisions SECTION 12.01. Personnel System. An employee holding a city position at the time this charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system established pursuant to Section 5.07. SECTION 12.02. Ordinances to Remain in Force. All ordinances, regulations and resolutions in force at the time this charter takes effect, which are not inconsistent with the provisions of this charter, shall remain and be in force until altered, modified or repealed by or under authority of this charter or ordinance. -31 - SECTION 12.03. Pending Actions and Proceedings. No action or proceeding, civil or criminal, pending at the time this charter shall take effect, brought by or against the city or any office, department, agency or officer thereof, shall be affected or abated by the adoption of this charter or by anything herein contained. SECTION 12.04. Continuance of Contracts, Public Improvements And Taxes. All contracts entered into by the city, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws. All taxes and assessments levied or assessed, all fines and penalties imposed, and all other obligations owing to the city which are uncollected at the time this charter becomes effective, shall continue in full force and effect and shall be collected as if no change had been made. ARTICLE XIII Schedule SECTION 13.01. Election to Adopt Charter. This charter shall be submitted to a vote of the electors of the City of Cape Girardeau, Missouri, at a special election to be held on the 3rd day of November, 1981. The election shall be administered by the officials now charged with the responsibility for the conduct of city elections. SECTION 13.02. Ballot for Charter Election. The ballot for the charter election shall be substantially in the following form: OFFICIAL BALLOT For Special Election, Tuesday, November 3, 1981 On PROPOSED HOME RULE CHARTER -32 - For CAPE GIRARDEAU, MISSOURI SHALL THE PROPOSED CHARTER FOR THE CITY OF CAPE GIRARDEAU MISSOURI, DRAFTED BY THE CAPE GIRARDEAU CHARTER COMMISSION, BE ADOPTED? /-7 Yes /-7 No If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No"." SECTION 13.03. First Election. At the time of its adoption, this charter shall be in effect to the extent necessary in order that the first election of members of the city council and the mayor may be conducted in accordance with the provisions of this charter. The first election shall be held on the general municipal election day on April 6, 1982. SECTION 13.04. Time of Taking Full Effect. This charter shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected council. SECTION 13.05. Incumbent Councilmen; First Meeting of Newly Elected Council. All councilmen in office at the date this charter is adopted shall continue in office until after the election of April 6, 1982, and within one (1) week thereafter, shall canvass the returns of said election, declare the results thereof, and induct into office the mayor and councilmen declared elected. Thereupon the newly elected mayor and councilmen shall forthwith become the official governing body of the city and shall conduct the first meeting of the newly elected council. SECTION 13.06. Temporary Ordinances. At its first meeting as provided in Section 13.05, or at any meeting held within sixty (60) days thereafter, the newly elected charter council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would probably cause -33 - serious hardship or impairment of effective city government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances generally. A temporary ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal under this subsection as it may specify, and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the ninety-first (91st) day following the date the new mayor and councilmen take office, and it shall not be readopted, renewed or otherwise continued except by adoption in the manner prescribed in Section 3.19 for ordinances of the kind concerned. SECTION 13.07. Purpose of Schedule. The purpose of the foregoing provisions is to provide a transition from the present government of the City of Cape Girardeau, Missouri, to the new government provided for in this charter and to inaugurate the new government under the provisions of this charter. They shall constitute a part of this charter only to the extent and for the time required to accomplish that aim. AUTHENTICATION OF THE HOME RULE CHARTER FOR THE CITY OF ' CAPE GIRARDEAU, MISSOURI We, the undersigned, members of the Cape Girardeau Charter Commission, elected pursuant to Section 19 of Article VI of the Constitution of the State of Missouri, as amended, on the fourth day of April, 1972, for the purpose of framing a charter for the ' City of Cape Girardeau, hereby certify that the above and foregoing is a true and complete copy of the proposed charter as prepared and finally approved by the vote of the members of the Commission for submission to the registered voters in the City of Cape ' Girardeau at the special city election to be held on the third day of November, 1981. IN WITNESS WHEREOF, we have hereunto subscribed our names. Narvol A. Randol, Chairman /Wm " Oma, i Howard C. Tooke, Vice -Chairman yr— . Ht[glyLogan, Secretary n � I