Chapter 2        ADMINISTRATION

CONTENTS

ARTICLE I.  CITY OFFICERS

IN GENERAL

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

§ 2-2.          Appointive officers.

§ 2-3.          Residency status - Change.

§ 2-4.          Misappropriating city funds.

§ 2-5.          Appointive officers - Removal.

§ 2-6.          Elective officers - Removal.

§ 2-7.          Charges preferred - Elective officers.

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

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

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

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

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

§ 2-13.        Purchasing agent.

§§ 2-14 to 2-15.  Reserved.

ARTICLE II.  CITY COUNCIL

§ 2-16.        Qualifications for councilman.

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

§ 2-18.        Oath of office.

§ 2-19.        Regular meetings.

§ 2-20.        Special meetings.

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

§ 2-22.        Journal of proceedings.

§ 2-23.        Order of business.

§ 2-24.        Quorum - Generally.

§ 2-25.        Rules of order; authority.

§ 2-26.        Rules of order suspension.

§ 2-27.        Committees of the city council.

§ 2-28.        Manner of passing ordinances.

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

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

§§ 2-31 to 2-33.  Reserved.

ARTICLE III.  ELECTIVE OFFICERS

DIVISION 1.  MAYOR

§ 2-34.        Qualifications for mayor.

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

§ 2-36.        Compensation.

§ 2-37.        Vacancy.

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

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

§§ 2-40 to 2-44.  Reserved.

DIVISION 2.  CITY COLLECTOR

§ 2-45.        Repealed by Ord. 629.

§ 2-46.        Repealed by Ord. 629

§ 2-47.        Duties.

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

§ 2-49.        Seizure and sale of property.

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

§ 2-51.        Collector to give receipt.

§ 2-52.        Deposit of collections.

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

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

§ 2-55.        Collector to make settlement.

§ 2-56.        Repealed by Ord. 629.

§ 2-57.        Repealed by Ord. 629.

§ 2-58.        Repealed by Ord. 629.

§§ 2-59 to 2-63.  Reserved.

DIVISION 3.  MUNICIPAL JUDGE

§ 2-64.        Election.

§ 2-65.        Qualifications.

§ 2-66.        Compensation.

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

§ 2-68.        Duties.

§ 2-69.        City to provide courtroom

§ 2-70.        Municipal court sessions.

§ 2-71.        Superintending authority.

§ 2-72.        Vacation of office.

§§ 2-73 to 2-86.  Reserved.

ARTICLE IV.  APPOINTIVE OFFICERS

DIVISION 1.  CITY ATTORNEY

§ 2-87.        Qualifications.

§ 2-88.        Compensation.

§ 2-89.        Vacancy.

§ 2-90.        Duties.

§ 2-91.        Attorney - Report.

§ 2-92.        City counselor - Appointment.

§ 2-93.        City counselor - Duties.

§ 2-94.        City counselor - Compensation.

§§ 2-95 to 2-99.  Reserved.

DIVISION 2.  CITY CLERK

§ 2-100.      Vacancy.

§ 2-101.      Duties.

§ 2-102.      Preparation of tax books.

§ 2-103.      Official records.

§§ 2-104 to 2-108.  Reserved.

DIVISION 3.  CITY ASSESSOR

§ 2-109.      Compensation.

§§ 2-110 to 2-114.  Reserved.

DIVISION 4.  CITY TREASURER

§ 2-115.      Bond.

§ 2-116.      Duties.

§ 2-117.      Settlement.

§ 2-118.      Turn over records to successor.

§ 2-119.      Disbursements by warrant only.

§ 2-120.      Warrants payable only to payee.

§ 2-121.      Annual audit.

§§ 2-122 to 2-126.  Reserved.

DIVISION 5.  SUPERINTENDENT OF PUBLIC WORKS

§ 2-127.      Appointment; term.

§ 2-128.      Qualifications.

§ 2-129.      Duties.

§§ 2-130 to 2-134.  Reserved.

ARTICLE V.  MUNICIPAL EMPLOYMENT PROVISIONS

DIVISION 1.  GENERALLY

§ 2-135.      Social security.

§ 2-136.      Local government employees retirement system.

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

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

§§ 2-139 to 2-141.  Reserved.

DIVISION 2.  SALARY SCHEDULE

§ 2-142.      Salaries general.

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

§ 2-144.      Titles used and pay ranges - General.

§ 2-145.      Progression within the pay plan.

§ 2-146.      Administration of the pay plan.

§ 2-147.      General government.

§ 2-148.      Engineering department.

§ 2-149.      Police Department.

§ 2-150.      Sanitation department.

§ 2-151.      Street department.

§ 2-152.      Utilities Department.

§§ 2-153 to 2-157.  Reserved.

ARTICLE VI.  CONFLICT OF INTEREST

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

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

§ 2-158.      Declaration of policy

§ 2-159.      Conflicts of interest.

§ 2-160.      Disclosure reports.

§ 2-161.      Filing of reports.

§ 2-162.      When filed.

§ 2-163.      Filing of ordinance.

§ 2-164.      Effective date.

§§ 2-165 to 2-169.  Reserved.

ARTICLE VII.  BOARDS AND COMMISSIONS

DIVISION 1.  TIF COMMISSION

§ 2-170.      Creation of TIF Commission.

§ 2-171.      Authority of TIF Commission.

§ 2-172.      Operation of TIF Commission.

§ 2-173.      Membership.

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

§ 2-175.      Procedures for bids and proposals.

§§ 2-176 to 2-185.  Reserved.

ARTICLE VIII.  SUNSHINE LAW

§ 2-186.      Custodian of records designated.

§ 2-187.      How records are requested.

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

§ 2-189.      Response within 3 business days.

§ 2-190.      Documentation of response.

§ 2-191.      Request for searches.

§ 2-192.      Fees for retrieval and copies.

§ 2-193.      Inspection of records.

§ 2-194.      Waiver of fees.

§ 2-195.      Closed records and votes.

§ 2-196.      Subpoenas for closed records.

§ 2-197.      Public notice board.

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

§§ 2-199 to 2-203.  Reserved.

Chapter 2

ADMINISTRATION

ARTICLE I

CITY OFFICERS - IN GENERAL

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

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

Sec. 2-2.  Appointive officers.

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

Sec. 2-3.  Residency status - Change.

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

Sec. 2-4.  Misappropriating city funds.

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

Sec. 2-5.  Appointive officers - Removal.

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

Sec. 2-6.  Elective officers - Removal.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 2-13.  Purchasing agent.

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

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

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

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

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

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

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

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

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

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

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

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

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

(Ord. 577, §2)

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

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

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

(Ord. 577, §3)

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

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

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

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

 (1)      If the consideration is not more than $1,000, bids shall be solicited in the most expedient manner with due regard for competitive prices and quality.

 (2)      If the consideration is for more than $1,000 but less than $10,000, at least three (3) bids shall be solicited by mail or telephone from prospective vendors and at least two legitimate quotations received, from which the lowest bid with proper qualifications shall be accepted.  A record of the quotations shall be maintained.  The purchase shall be approved by the purchasing agent.

 (3)      If the consideration is for more than $10,000, but less than $25,000, three (3) written bids shall be solicited from which the lowest bid, with proper qualifications, shall be accepted.  The purchase shall be approved by the mayor.

 (4)      All supplies and contractual services estimated to cost in excess of $25,000 shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals.  Whenever possible, at least three (3) bids should be obtained from prospective, qualified vendors.  The mayor will recommend and the city council shall approve the contract or purchase.

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

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

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

(Ord. 577, §7; Ord. 728)

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

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

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

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

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

(Ord. 577, §8)

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

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

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

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

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

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

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

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

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

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

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

(Ord. 577, §10)

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

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

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

(Ord. 577, §12)

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

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

 (2)      The City shall solicit bids by:

            (i)        Direct mail request to prospective vendors,

            (ii)       By telephone, and

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

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

(Ord. 577, §13)

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

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

        (p)       Local bidder preference

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

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

                                (b)   Analysis.

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

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

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

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

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

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

Secs. 2-14 to 2-15.  Reserved.

ARTICLE II

CITY COUNCIL

Sec. 2-16.  Qualifications for councilman.

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

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

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

Sec. 2-18.  Oath of office.

        The city clerk shall, at the regular meetings held on the first Monday in May of each year, proceed to call from a list prepared by him, the names of councilmen whose terms of office are unexpired; and of those appearing from the canvassed election returns to have been duly elected at the last election, and if a quorum of the city council shall appear in their places the mayor shall call the members of the council to order, who after having taken and subscribed the oath of office, shall proceed to elect a city clerk, who shall hold his office for a term of two years, and until his successor is elected and qualified.   (Ord. 11, §3.)

Sec. 2-19.  Regular meetings.

        (a)   The city council shall meet in regular session on the first Monday in each month, at the hour of seven o'clock P.M., at the city hall, or some other convenient place in the city.  (Ord. 11, §5.)

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

Sec. 2-20.  Special meetings.

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

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

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

Sec. 2-22.  Journal of proceedings.

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

Sec. 2-23.  Order of business.

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

        (1)   Reading from the Journal the minutes of the meetings not before read and approved.

        (2)   Unfinished business.

        (3)   Presentation of accounts and demands, and a consideration thereof and action thereon.

        (4)   Reports of regular committees in their regular order.

        (5)   Report of special committees in the order of their regular appointment.

        (6)   New business, including petitions and communications.  (Ord. 11, §1.)

Sec. 2-24.  Quorum - Generally.

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

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

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

Sec. 2-26.  Rules of order suspension.

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

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

        Standing committees - The mayor shall as soon thereafter as is convenient appoint and name the following standing committees:

        (1)   Finance committee.

        (2)   Streets, alleys and sidewalks.

        (3)   Fire department.

        (4)   Police, public buildings and property.

        (5)   Health commissioner.

        (6)   Water and sewerage.

(Ord. 11, §4.)

Sec. 2-28.  Manner of passing ordinances.

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

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

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

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

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

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

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

Secs. 2-31 to 2-33.  Reserved.

ARTICLE III

ELECTIVE OFFICERS

DIVISION 1.  MAYOR

Sec. 2-34.  Qualifications for mayor.

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

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

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

Sec. 2-36.  Compensation.

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

Sec. 2-37.  Vacancy.

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

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

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

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