Chapter 2

ADMINISTRATION 

CONTENTS

ARTICLE I.  IN GENERAL

§ 2-1.      Elective officers.
§ 2-2.      Appointive officers.
§ 2-3.      Qualifications for holding office; general.
§ 2-4.      Officer to take oath.
§ 2-5.      Officer to give bond.
§ 2-6.      Commission to be delivered.
§§ 2-7 to 2-11.  Reserved.

ARTICLE II.  BOARD OF IMPEACHMENT

§ 2-12.    Board of Impeachment; general.
§ 2-13.    Elective officers; removal of.
§ 2-14.    Elective officers; charges preferred.
§ 2-15.    Elective officers; hearing on charges preferred; date fixed.
§ 2-16.    Elective officers; hearing on charges preferred; conduct of.
§ 2-17.    Elective officers; hearing on charges preferred; power to subpoena witnesses; compel testimony.
§ 2-18.    Elective officers; hearing on charges preferred; results of.
§ 2-19.    Appointive officers, removal of.
§§ 2-20 to 2-24.  Reserved.

ARTICLE III.  ELECTIVE OFFICERS

DIVISION 1.  BOARD OF ALDERMEN

§ 2-25.    Qualifications.
§ 2-26.    Term of office.
§ 2-27.    Compensation.
§ 2-28.    Vacancy.
§ 2-29.    Board to determine election in case of tie vote.
§ 2-30.    Committees of the board of aldermen.
§ 2-31.    Regular meetings.
§ 2-32.    Special meetings.
§ 2-33.    Presiding officer.
§ 2-34.    President pro tempore.
§ 2-35.    Journal of proceedings.
§ 2-36.    Board may adopt rules.
§ 2-37.    Board may compel attendance of witnesses; oath.
§ 2-38.    Board to provide office.
§ 2-39.    Board to fix salaries.
§§ 2-40 to 2-43.  Reserved.

DIVISION 2.  LEGISLATION

§ 2-44.    Mayor's approval or veto of bills - Overriding veto.
§§ 2-45 to 2-49.  Reserved.

DIVISION 3.  MAYOR

§ 2-50.    Qualifications.
§ 2-51.    Term of office.
§ 2-52.    Compensation.
§ 2-53.    Vacancy.
§ 2-54.    Duties and powers.
§ 2-55.    Mayor and board to have care and control of the City.
§ 2-56.    Communications to the board of aldermen.
§ 2-57.    Require accounting by city officers.
§ 2-58.    Sign commissions, bonds, drafts, etc.
§ 2-59.    Enforce laws.
§§ 2-60 to 2-66.  Reserved.

DIVISION 4.  CITY COLLECTOR

§ 2-67.    Qualifications.
§ 2-68.    Term of office.
§ 2-69.    Compensation.
§ 2-70.    Oath of office.
§ 2-71.    Bond.
§ 2-72.    Report.
§ 2-73.    Turn over records to successor.
§ 2-74.    General powers and duties.
§ 2-75.    Cost of levy; when, collector fees.
§ 2-76.    Notice to taxpayer.
§ 2-77.    Nonresidents to be furnished a statement of taxes.
§ 2-78.    Provide receipt.
§ 2-79.    Penalty for failure to pay taxes.
§ 2-80.    Return delinquent tax list to board.
§ 2-81.    Delinquent taxes; suits, how brought.
§ 2-82.    Seizure and sale of property.
§ 2-83.    Deposit of collections.
§ 2-84.    Penalty for failure of collector to make deposits.
§§ 2-85 to 2-89.  Reserved.

DIVISION 5.  MUNICIPAL JUDGE

§ 2-90.    Office created.
§ 2-91.    Qualifications.
§ 2-92.    Term of office.
§ 2-93.    Compensation.
§ 2-94.    Vacancy.
§ 2-95.    Report.
§ 2-96.    Turn over records to successor.
§ 2-97.    General powers and duties.
§ 2-98.    City to provide courtroom.
§ 2-99.    Conservator of the peace.
§ 2-100.  Judge may remit fines, grant pardons.
§ 2-101.  List of cases heard.
§§ 2-102 to 2-107.  Reserved.

ARTICLE IV.  APPOINTIVE OFFICERS

DIVISION 1.  CITY ATTORNEY

§ 2-108.  Office created.
§ 2-109.  Qualifications.
§ 2-110.  Appointment.
§ 2-111.  Term of office.
§ 2-112.  Compensation.
§ 2-113.  Oath of office.
§ 2-114.  Vacancy.
§ 2-115.  Assistants.
§ 2-116.  General powers and duties.
§§ 2-117 to 2-121.  Reserved.

DIVISION 2.  CITY CLERK

§ 2-122.  Appointment.
§ 2-123.  Compensation.
§ 2-124.  Oath of office.
§ 2-125.  Bond.
§ 2-126.  Vacancy.
§ 2-127.  Turn over records to successor.
§ 2-128.  General powers and duties.
§ 2-129.  Preparation of tax books.
§ 2-130.  Keep accounts with collector and treasurer.
§ 2-131.  Keep books of special tax bills.
§§ 2-132 to 2-136.  Reserved.

DIVISION 3.  CITY ENGINEER

§ 2-137.  Office created.
§ 2-138.  Qualifications.
§ 2-139.  Appointment.
§ 2-140.  Term of office.
§ 2-141.  Compensation.
§ 2-142.  Oath of office.
§ 2-143.  Bond.
§ 2-144.  Report.
§ 2-145.  Turn over records to successor.
§ 2-146.  General powers and duties.
§§ 2-147 to 2-151.  Reserved.

DIVISION 4.  CITY TREASURER

§ 2-152.  Office created.
§ 2-153.  Qualifications.
§ 2-154.  Appointment.
§ 2-155.  Term of office.
§ 2-156.  Compensation.
§ 2-157.  Oath of office.
§ 2-158.  Bond.
§ 2-159.  Report.
§ 2-160.  Turn over records to successor.
§ 2-161.  General powers and duties.
§ 2-162.  To receive and account for interest.
§ 2-163.  Proposed ordinances referred to treasurer.
§ 2-164.  Disbursement by warrant only.
§ 2-165.  Settlement.
§§ 2-166 to 2-170.  Reserved.

DIVISION 5.  PARK COMMISSIONER

§ 2-171.  Office created.
§ 2-172.  Qualifications.
§ 2-173.  Appointment.
§ 2-174.  Term of office.
§ 2-175.  Compensation.
§ 2-176.  Oath of office.
§ 2-177.  Bond.
§ 2-178.  Report.
§ 2-179.  Turn over records to successor.
§ 2-180.  General powers and duties.
§§ 2-181 to 2-185.  Reserved.

DIVISION 6.  SEWER COMMISSIONER

§ 2-186.  Office created.
§ 2-187.  Qualifications.
§ 2-188.  Appointment.
§ 2-189.  Term of office.
§ 2-190.  Compensation.
§ 2-191.  Oath of office.
§ 2-192.  Bond.
§ 2-193.  General powers and duties.
§ 2-194.  Care and custody of tools.
§ 2-195.  Under supervision of sewer committee.
§§ 2-196 to 2-200.  Reserved.

DIVISION 7.  STREET COMMISSIONER

§ 2-201.  office created.
§ 2-202.  Qualifications.
§ 2-203.  Appointment.
§ 2-204.  Term of office.
§ 2-205.  Compensation.
§ 2-206.  Oath of office.
§ 2-207.  Bond.
§ 2-208.  Report.
§ 2-209.  Turn over records to successor.
§ 2-210.  General powers and duties.
§ 2-211.  Care and custody of tools.
§ 2-212.  Under supervision of street committee.
§§ 2-213 to 2-217.  Reserved.

DIVISION 8.  WATER COMMISSIONER

§ 2-218.  Office created.
§ 2-219.  Qualifications.
§ 2-220.  Appointment.
§ 2-221.  Term of office.
§ 2-222.  Compensation.
§ 2-223.  Oath of office.
§ 2-224.  Bond.
§ 2-225.  Report.
§ 2-226.  Turn over records to successor.
§ 2-227.  General powers and duties.
§ 2-228.  Care and custody of tools.
§ 2-229.  Under supervision of water committee.
§ 2-230.  Commissioner to make deposits.
§§ 2-231 to 2-235.  Reserved.

ARTICLE V.  RETIREMENT POLICY

§ 2-236.  Missouri Local Government Employees Retirement System.
§ 2-237. Qualifications for Police Department employees to participate in the  Missouri Local Government Employees Retirement System.
§§ 2-238 to 2-241.  Reserved.

Chapter 2

ADMINISTRATION

ARTICLE I
IN GENERAL 

Sec. 2-1.  Elective officers.

      As provided for in Section 7-1 the following officers shall be elected by the voters of the City of Vienna, to-wit: mayor, collector and members of the board of aldermen. The mayor shall hold the office for a term of four (4) years and until a successor is elected and qualified. The members of the board of aldermen shall hold their offices for a term of four (4) years and until their respective successors are elected and qualified. The Collector shall hold office for a term of two (2) years and until a successor is elected and qualified. This Ordinance shall not affect the term of office of any person now holding an office to which he or she has been duly elected.  (§113.103, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 91, §2)

Sec. 2-2.  Appointive officers.

      (a) The following officers shall be appointed by the mayor of the City of Vienna, by and with the consent and approval of the majority of the members of the board of aldermen, and shall hold their respective offices for a term specified by the board of aldermen and until their successors are appointed and qualified, unless sooner removed from said office as hereinafter provided, to wit: city treasurer, city attorney, city engineer, street commissioner, water commissioner, sewer commissioner and park commissioner, police chief, city clerk and such other officers as he may be authorized to appoint.

      (b) All appointments of officers authorized by this Section shall be made at the first meeting of the board of aldermen after the city election, in April of each year in which the mayor is elected or as soon thereafter as possible.  (§113.109, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-3.  Qualifications for holding office; general.

      All officers elected or appointed to offices under the city government of Vienna, shall be qualified voters under the laws and Constitution of the State of Missouri.  No person shall be elected or appointed to any office who at the time may be in arrears for any unpaid city taxes, of any office forfeiture or guilty of defalcation in office.  (§113.125, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-4.  Officer to take oath.

      (a) Every officer of the City of Vienna and his assistants, and every alderman, before entering upon the duties of his office, shall take and subscribe to an oath or affirmation before a judge or some court of record in the county, or the city clerk, that he possesses all the qualifications prescribed for his office by law, that he will support the Constitution of the United States and of the State of Missouri; the provisions of all laws of the State of Missouri affecting the City of Vienna and the ordinances of the City of Vienna, and will faithfully demean himself while in office; which oath or affirmation shall be filed with the city clerk. 

      (b) If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, as herein required, his office shall be deemed vacant.  (§113.133, 1978 Code)

Sec. 2-5.  Officer to give bond.

      Every officer of the City of Vienna, when required by law or ordinance shall, within fifteen days after his appointment or election, and before entering upon the discharge of the duties of his office, give bond to the City of Vienna, in such sum and with such sureties as may be designated by ordinance of said city, conditioned upon the faithful performance of his duty, and that he will pay over all moneys belonging to the city, as provided by law, that may come into his hands.  If any person elected or appointed to any office shall fail to give bond as herein required, his office shall be deemed vacant.  For any breach of condition of any such bond, suit may be instituted thereon by the city, or by any person in the name of the city to the use of such person.  (§113.137, 1978 Code)

Sec. 2-6.  Commission to be delivered.

      Upon filing of said oath and approved bond, when such bond is required, with the city clerk, he shall deliver to the person elected or appointed a commission, signed by the mayor under the seal of the city, duly attested, authorizing the person therein named to discharge the duties of the office therein named for the term for which he has been elected or appointed.  (§113.141, 1978 Code)

Secs. 2-7 to 2-11.  Reserved.

ARTICLE II
BOARD OF IMPEACHMENT

Sec. 2-12.  Board of impeachment; general.

      The board of aldermen sitting as a board of impeachment shall have and is hereby given, in addition to the special powers herein granted it, all power as possessed by the police court of the City of Vienna.  (§113.301, 1978 Code)

Sec. 2-13.  Elective officers; removal of.

      The mayor may, with the consent of a majority of all the members elected to the board of aldermen, remove from office, for cause shown, any elected officer of the city, such officer being first given opportunity, together with his witnesses, to be heard before the board of aldermen sitting as a board of impeachment, any elective officer, including the mayor, may in like manner, for cause shown, be removed from office by a two-thirds vote of all the members of the board of aldermen, independently of the mayor's approval or recommendation.  (§113.309, 1978 Code)

Sec. 2-14.  Elective officers; charges preferred.

      Charges may be made by any officer or citizen of Vienna, in writing, against the elective officer or officers sought to be removed from office, which shall be filed with the board of aldermen of said city, at some regular or a special meeting called for that purpose.  (§113.311, 1978 Code)

Sec. 2-15.  Elective officers; hearing on charges preferred; date fixed.

      The board of aldermen shall cause a copy of such charge or charges, together with a notice directed and delivered to the officer named therein, by either the city clerk or some person over the age of twenty-one years capable of making a return, who may be appointed by the board, requiring such officer to appear before the board of aldermen, at the city hall in Vienna, on a certain day set, such day being not on Sunday or legal holiday and not less than five days from the date said charge or charges are filed with said board, to present to the board such evidence that said officer or his witnesses may have to offer on his behalf.  (§113.313, 1978 Code)

Sec. 2-16.  Elective officers; hearing on charges preferred; conduct of.

      Such proceedings herein shall be governed by the same rules of evidence as are applicable to courts of record of the State of Missouri.  (§113.315, 1978 Code)

Sec. 2-17.  Elective officers; hearing on charges preferred; power to subpoena witnesses; compel testimony.

      (See Section 2-37)  (§113.319, 1978 Code)

Sec. 2-18.  Elective officers; hearing on charges preferred; results of.

      If the required number of the members of the board of aldermen, sitting as a board of impeachment, after hearing the evidence offered by both parties of the impeachment proceedings, find there is cause shown warranting the removal of such officer being tried, they shall so state in their findings and shall thereupon enter an order of record removing such officer from his office, and declare such office vacant.  (§113.321, 1978 Code)

Sec. 2-19.  Appointive officers, removal of.

      The mayor may, with the consent of a majority of all the members of the board of aldermen, remove from office any appointive officer of the city at will, and any such appointive officer may be so removed by a two-thirds vote of all the members of the board of aldermen, independently of the mayor's approval or recommendation and no hearing shall be accorded any appointive officer before his removal from office.  (§113.331, 1978 Code)

Secs. 2-20 to 2-24.  Reserved.

ARTICLE III
ELECTIVE OFFICERS

DIVISION 1.  BOARD OF ALDERMEN

Sec. 2-25.  Qualifications.

      No person shall be an alderman unless he be at least twenty-one years of age, a citizen of the United States, and an inhabitant and resident of the city for one year next preceding his election, and a resident of the ward from which he is elected.  (See also §2-3)  (§115.105, 1978 Code)

Sec. 2-26.  Term of office.

      The Board of Aldermen shall be elected by the qualified voters of the City and shall hold office for a term of four years, and until their successors are elected and qualified. The first election for a term of four years shall occur in April, 1999  (§115.109, 1978 Code; Ord. 89, §1)

Sec. 2-27.  Compensation.

      (a) Aldermen of the City of Vienna shall receive a salary $150.00 per month for their services. They shall receive no other salary, benefits, compensation or discounts in connection with their services.  (§115.111, 1978 Code; as amended by adopting ordinance dated July 7, 1992; Ord. 103, §1)

      (b) This section shall be in full force and effect from and after its date of passage but shall apply only to those individuals elected to the position of Mayor and elected to the position of Aldermen of the City of Vienna in any election beginning in April, 2003, and shall not apply to any Mayor or Aldermen elected, appointed or holding office prior to that date.  (Ord. 103, §4)

Sec. 2-28.  Vacancy.

      (See Section 7-13)  (§115.119, 1978 Code)

Sec. 2-29.  Board to determine election in case of tie vote.

      (a) Whenever there shall be a tie in the election of aldermen, that matter shall be determined by the board of aldermen.

      (b) When two or more persons shall have an equal number of votes for the office of mayor or city collector, the matter shall be determined by the board of aldermen and any decision rendered by a majority of the members of said board shall be final.  (§115.309, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-30.  Committees of the board of aldermen.

      At the first meeting of the board of aldermen after the city election in April of each year in which the mayor is elected, or as soon thereafter as possible, the mayor may select the following committees, to wit: auditing committee, finance and claims committee, light committee, street committee, sewer committee, water committee and such other committees as he may deem necessary for the proper members, and any member of the board of aldermen may be appointed to duties incidental to the various departments of the city government to which they are related and shall be directly responsible to the mayor and the board of aldermen.  Any member of said committee or committees so appointed may be removed therefrom as other appointive officers of the city may be removed under Section 2-19 of these codes.  (See also committees of the board, §2-54)  (§115.319, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-31.  Regular meetings.

The regular meetings of the board of aldermen shall be held at the City Hall on the first Monday following the first Friday of each month at the hour of 6:00 o'clock P.M. or at such other hour as may be prescribed from time to time by resolution. In the event that the first Monday after the first Friday of any month is a legal holiday, then the regular meeting of the board of aldermen shall be held at City Hall on the first Tuesday following the first Monday after the first Friday of any such month. Regular meetings may be adjourned to such time as the Board may by resolution direct. (§115.501, 1978 Code; Ord. 63, §1; Ord. 191, §1)

Sec. 2-32.  Special meetings.

      Special meetings of the board of aldermen may be called by the mayor or any two aldermen by notice thereof, in writing, stating therein the time and place of such meeting and the business to be transacted, which notice shall be delivered to each member of the board or left at their usual place of residence.  Such notice shall be served by the police chief or in case of his inability to serve the same then by some person over the age of twenty-one years appointed by the mayor or two members of the board of aldermen, provided however, that said board may be convened in special session without the notice herein required, provided all members of the board are present at said special meeting and sign a written waiver and consent to the holding of said meeting.  (§115.505, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-33.  Presiding officer.

      The mayor shall have a seat in and preside over the board of aldermen but shall not vote on any question except in case of a tie, nor shall he preside or vote in cases when he is an interested party.  (§115.513, 1978 Code)

Sec. 2-34.  President pro tempore.

      In the absence of the mayor, the board shall elect one of their own number to occupy the place temporarily who shall be styled "Acting president of the board of aldermen".  (§115.515, 1978 Code)

Sec. 2-35.  Journal of proceedings.

      The board of aldermen shall cause to be kept a journal of all its proceedings, and the ayes and nays shall be entered on any question at the request of any two members.  (See also §2-128)  (§115.517, 1978 Code)

Sec. 2-36.  Board may adopt rules.

      The board of aldermen may from time to time adopt such rules and regulations governing their proceedings as they may deem to the best interests of the city, and no standing law or order of the board shall be suspended or changed or any rule adopted except by a majority vote of the board.  (§115.521, 1978 Code)

Sec. 2-37.  Board may compel attendance of witnesses; oath.

      The board of aldermen is hereby given the power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the city is involved, and to have power to call the proper officers of the city, or of the county in which said city is located, to execute such process.  The officer making such service shall be allowed to receive there for such fees as are allowed by law in the circuit court for similar services, to be paid by the city.  The mayor or acting president to the board of aldermen shall have the power to administer oath to witnesses.  (§115.533, 1978 Code)

Sec. 2-38.  Board to provide office.

      The board of aldermen shall provide at the expense of the city a suitable room or office for the transaction of the business of the city.  (§115.543, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-39.  Board to fix salaries.

      The board of aldermen is hereby given the power to fix the compensation of all the officers and employees of the city, by ordinance, but the salary of an officer shall not be changed during the time for which he was elected or appointed.  (§189.003, 1978 Code)

Secs. 2-40 to 2-43.  Reserved.

ARTICLE III
ELECTIVE OFFICERS

DIVISION 2.  LEGISLATION

Sec. 2-44.  Mayor's approval or veto of bills - overriding veto.

      Every bill duly passed by the board of aldermen and presented to the mayor and by him approved shall become an ordinance, and every bill presented as aforesaid, but returned with the mayor's objections thereto, shall stand reconsidered.  The board of aldermen shall cause the objections of the mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form, "Shall the bill pass, the objections of the mayor notwithstanding?"  The vote on this question shall be taken by ayes and nays and the names entered upon the journal, and if two-thirds of all the members-elect shall vote in the affirmative, the city clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and in like effect as if it had received the approval of the mayor.  The mayor shall have to sign or veto any ordinance passed by the board of aldermen; provided, that should he neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the board of aldermen, the same shall become a law without his signature.  (§115.703, 1978 Code)

Secs. 2-45 to 2-49.  Reserved.

ARTICLE III
ELECTIVE OFFICERS

DIVISION 3.  MAYOR

Sec. 2-50.  Qualifications.

      No person shall be mayor unless he be at least twenty-five years of age, a citizen of the United States and a resident of the City of Vienna at the time of and for one year next preceding his election.  (See also §2-3)  (§117.105, 1978 Code)

Sec. 2-51.  Term of office.

      (See Section 2-1)  (§117.109, 1978 Code)

Sec. 2-52.  Compensation.

      (a) The Mayor shall receive a salary of $200.00 per month for his services. The Mayor shall receive no other salary, benefits, compensation or discounts in connection with his services.  (§117.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992; Ord. 103, §2)

      (b) This section shall be in full force and effect from and after its date of passage but shall apply only to those individuals elected to the position of Mayor and elected to the position of Aldermen of the City of Vienna in any election beginning in April, 2003, and shall not apply to any Mayor or Aldermen elected, appointed or holding office prior to that date.  (Ord. 103, §4)

Sec. 2-53.  Vacancy.

      When any vacancy shall happen in the office of mayor by death, resignation, removal from office, refusal to quality, or from any other cause whatever, the acting president of the board of aldermen shall, for the time being, perform the duties of mayor, with all the rights, privileges, power and jurisdiction of the mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the mayor's return.  (§117.119, 1978 Code)

Sec. 2-54.  Duties and powers.

      He shall exercise a general supervision over all the officers and affairs of the city, and shall see that the ordinances of the city and state laws relating to said city are complied with, and the mayor shall be ex-officio member of all committees of the board of aldermen.  (§117.301, 1978 Code)

Sec. 2-55.  Mayor and board to have care and control of the city.

      The mayor and board of aldermen shall have the care, management and control of the city and its finances, and shall deem expedient for the good government of the city, the preservation of peace and good order, the benefit of trade and commerce and the health, welfare and safety of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same.  (§117.305, 1978 Code)

Sec. 2-56.  Communications to the board of aldermen.

      The mayor may, from time to time, communicate to the board of aldermen such measures as may, in his opinion, tend to the improvement of the finances, the police, health, security, ornament, comfort and general prosperity of the city.  (§117.311, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-57.  Require accounting by city officers.

      The mayor or board of aldermen is hereby given power, as often as he or they may deem it necessary, to require any officer of the city to exhibit his accounts or other papers or records, and to report to the board of aldermen, in writing, touching any matter relating to his office.  (§117.313, 1978 Code)

Sec. 2-58.  Sign commissions, bonds, drafts, etc.

      The mayor shall sign the commissions and appointments of all city officers elected or appointed in the city, and shall approve all official bonds unless otherwise prescribed by ordinance.  He may sign all orders, drafts and warrants drawn on the city treasury for money, and shall cause the city clerk to keep an accurate record thereof in a book to be provided for that purpose.  (§117.315, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-59.  Enforce laws.

      The mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the city, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he is hereby authorized to call on every male inhabitant of the city over eighteen years of age and under fifty, to aid in enforcing the laws.  (§117.331, 1978 Code)

Secs. 2-60 to 2-66.  Reserved.

ARTICLE III
ELECTIVE OFFICERS

DIVISION 4.  CITY COLLECTOR

Sec. 2-67.  Qualifications.

      (See Section 2-3)  (§127.105, 1978 Code)

Sec. 2-68.  Term of office.

      (See Section 2-1)  (§127.109, 1978 Code)

Sec. 2-69.  Compensation.

      The city collector shall receive as compensation that which is approved by the board of aldermen.  (§127.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-70.  Oath of office.

      As provided for in Section 2-4 and Section 2-5 of these codes, the city collector of the City of Vienna, before entering upon the duties of his office, shall take and subscribe the oath of office and execute to the city a bond in an amount set forth by the board of aldermen.  (§127.113, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-71.  Bond.

      (See Section 2-70)  (§127.115, 1978 Code)

Sec. 2-72.  Report.

      The collector, shall, at the first meeting of the board of aldermen in April of each year, make a detailed report to the board of aldermen stating the various moneys collected by him during the year and the amounts uncollected and the names of the persons from whom he failed to collect, and the causes therefore.  (§127.121, 1978 Code)

Sec. 2-73.  Turn over records to successor.

      (See Section 2-74)  (§127.123, 1978 Code)

Sec.  2-74.  General powers and duties.

      The city collector shall perform such other duties in the line of his office as may be required of him by law or ordinance and shall deliver all moneys, books and other property pertaining to his office to his successor in office.  (§127.301, 1978 Code)

Sec. 2-75.  Cost of levy; when, collector fees.

      Whenever taxes shall be collected by seizure and sale of goods and chattels, in addition to the amount of taxes and costs for failure to pay the collector as provided by Section 2-84, and the collector shall levy the necessary costs of the proceedings and the interest on the amount of the taxes and costs of said failure and his trouble.  If the collector has reason to believe that any person owing taxes to the city is about to remove from the city without paying the same, he may, at any time levy such taxes with costs and charges, by distress and sale; provided that in levying and selling such personal property for taxes the collector shall be governed by the same rules and be entitled to the same fees as sheriffs are, or may be, for like services upon execution.  (§127.303, 1978 Code)

Sec. 2-76.  Notice to taxpayer.

      Immediately after the collector shall have received the tax books for any one year he shall give not less than twenty days' notice of the time and place at which he will meet the taxpayers of the city to collect and receive the taxes.  (§127.305, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-77.  Nonresidents to be furnished a statement of taxes.

      It shall be the duty of the collector to furnish all nonresidents taxpayers with statements of the amount of taxes that may be due on any tract of land or town lot or other property in the city and send by mail to the address of the person applying to him by letter for the same, and if no taxes are due on such lots, tracts or other property he shall answer any such inquiry stating the facts, and whenever any funds are remitted by mail or otherwise to the collector for the payment of taxes appearing to be due on his tax books it shall be his duty to receive the same and send a receipt therefore by mail to the person remitting, provided, he may charge all sums which he may have to pay for postage as costs against the person applying or remitting to him.  (§127.307, 1978 Code)

Sec. 2-78.  Provide receipt.

      Whenever any person shall pay taxes charged on the tax books, the collector shall enter such payments thereon, and give the persons paying the same a receipt, specifying therein the name of the person for whom paid, what year paid for, and the property and the value thereof on which the same was paid, according to its description on the tax books, in whole or in part, as the case may be, and the collector shall enter "paid" opposite each lot or tract of land, on the tax books when he collects the tax due thereon.  The collector shall receive taxes on part of any lot, piece or parcel of land charged with taxes; provided, the person paying such tax shall furnish him a particular specification of the part, and if the tax on the remainder of such lot, piece or parcel of land shall remain unpaid, the collector shall include such specification in his return, to the end that the part on which the tax remains unpaid may be clearly known.  If payment is made on an undivided share of real estate, the collector shall enter on his record or tax book the name of the owner of such share so as to be designated on whose undivided share the tax has been paid.  (§127.309, 1978 Code)

Sec. 2-79.  Penalty for failure to pay taxes.

      If any taxpayer shall fail, neglect or refuse to pay the collector his or her taxes at the time and place required by notice, it shall be the duty of the collector, after the first day of January next ensuring, to collect and account for, as other taxes, an additional tax, as a penalty, of 1 1/2% per month, or such other amount approved by the board of aldermen, upon all taxes collected by him after the first day of January, as aforesaid, and in computing said additional tax or penalty, the fractional part of a month shall be counted as a month, provided, that said interest shall not be chargeable against persons who are absent from their homes and engaged in the military service of the state or the United States, or against any taxpayer who shall pay his tax to the collector at any time before the 1st day of January of each year.  At the time of making each settlement, the collector shall file with the city clerk a statement, under oath, of the amount as received and from the source received, and the city clerk shall charge the collector therewith.  (§127.311, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-80.  Return delinquent tax list to board.

      It shall be the duty of the city collector, annually, at the first meeting of the board of aldermen in February of each year, or as soon thereafter as may be, to make out, under oath, lists of delinquent taxes remaining due and uncollected for each year, to be known as the "land and lot delinquent list" and the "personal delinquent list."  The board of aldermen, at the meeting at which said delinquent list shall be returned shall carefully examine same, and if it shall appear that all property and taxes contained in said list are properly returned as delinquent, the board of aldermen shall approve the same and cause a record thereof to be entered on the journal and cause the amount thereof to be credited to the account of city collector.  The board of aldermen shall cause the land and lot delinquent list and the personal delinquent list to be returned immediately to the city collector, who shall be charged therewith, and he shall immediately enter said lists in a book to be provided by the city and known as the "delinquent tax book" and the city collector shall proceed to collect the said delinquent taxes in the same manner and under the same regulations as are, or may hereafter be provided by law for the collection of delinquent real and personal taxes for state and county purposes, provided\ that all suits for the collection of such city taxes shall be brought in the name of the state, at the relation and to the use of the city collector and provided further, that prior to the first Monday in March of each year hereafter the city collector shall make and submit to the county collector a complete and proper list of all delinquent real estate taxes, including special assessments, due the City of Vienna for the purpose of having said county collector collect the same as required of him by law, and shall obtain a receipt from said county collector for the aggregate amount of said delinquent taxes so turned over to him for collection, which said receipt shall be filed with the city clerk and called to the attention of the board of aldermen at its regular meeting in March of each year.  (§127.313, 1978 Code)

Sec. 2-81.  Delinquent taxes; suits, how brought.

      Upon the first day of January of each year all unpaid city taxes shall become delinquent, and the taxes upon real property are hereby made a lien thereon.  The enforcement of all city taxes authorized by law and ordinance shall be made in the same manner and under the same rules and regulations as are, or may hereafter be provided by law for the collection and enforcement of the payment of all state and county taxes, including the seizure and sale of goods and chattels both before and after said taxes shall become delinquent provided, that all suits for the collection of city taxes shall be brought in the name of the state and at the relation and to the use of the city collector.  (§127.315, 1978 Code)

Sec. 2-82.  Seizure and sale of property.

      The collector shall diligently endeavor to collect all taxes which he is required to collect in the city and to that end he shall have power to seize and sell the goods and chattels of persons liable for taxes, in the same manner as goods and chattels are, or may be required to be seized under execution issued on judgments of law, and no property shall be exempt from seizure and sale for taxes due on land lots or personal property; provided however, that no such seizures or sale for taxes shall be made until after the 1st day of October of each year, and the collector shall have made affidavit that he is unable to find any property out of which to make the taxes in each case so returned delinquent, and provided further, that no seizure and sale of goods and chattels shall be made until the collector has made demand for the payment of the taxes to the party liable to pay the same, which said demand shall be made either by personal service or by leaving a written or printed notice at his or her place of abode, with some member of the family over fifteen years of age or in case of a nonresident, by a registered notice to the last known address of such person.  Such seizure may be made at any time after the 1st day of October and before said taxes become delinquent or after they become delinquent.  (§127.317, 1978 Code)

Sec. 2-83.  Deposit of collections.

      It shall be the duty of the city collector to pay into the treasury, monthly, all moneys received by him from all sources which may be levied by ordinance; also all licenses of every description authorized by law and ordinance to be collected, and all moneys belonging to the city which may come into his hands.  The treasurer shall issue two receipts for the amount so paid in, one of which he shall deliver to the collector and the other he shall file with the city clerk who shall charge the treasurer with the amount of such payment or payments and credit the collector with the same.  (§127.331, 1978 Code)

Sec. 2-84.  Penalty for failure of collector to make deposits.

      If the collector fails, neglects or refuses to pay into the city treasury all moneys collected by him during any month within three days after the end of the month, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than five nor more than one hundred dollars in addition thereto shall be subject to impeachment.  (§127.333, 1978 Code)

Secs. 2-85 to 2-89.  Reserved.

ARTICLE III
ELECTIVE OFFICERS

DIVISION 5.  MUNICIPAL JUDGE

Sec. 2-90.  Office created.

      (See Section 2-1)  (§143.103, 1978 Code)

Sec. 2-91.  Qualifications.

      No person shall be judge unless he be at least twenty-five years of age, a citizen of the United States and a resident of the City of Vienna at the time of and for at least one year next preceding his election.  (See Section 2-3)  (§143.105, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-92.  Term of office.

      (See Section 2-1)  (§143.109, 1978 Code)

Sec. 2-93.  Compensation.

      The judge shall receive compensation as approved by the board of aldermen.  (§143.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-94.  Vacancy.

      In case of the absence, sickness or disability in anywise of the police judge, or in case of vacancy in such office, the mayor shall perform all the duties of the police judge until the disability is removed or the vacancy is filled.  (§143.119, 1978 Code)

Sec. 2-95.  Report.

      (See Section 2-101)  (§143.121, 1978 Code)

Sec. 2-96.  Turn over records to successor.

      He shall deliver said docket and all books and paper pertaining to his office to his successor in office.  (§143.123, 1978 Code)

Sec. 2-97.  General powers and duties.

      The judge shall have power to administer oaths and enforce due obedience to all orders, rules and judgments made by him within the scope of his authority, and may fine, and imprison for contempt offered to such judge, while holding court, in the same manner and to the same extent as the circuit court.  (§143.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-98.  City to provide courtroom.

      (See Section 2-38)  (§143.305, 1978 Code)

Sec. 2-99.  Conservator of the peace.

      The judge shall be conservator of the peace, and shall have exclusive original jurisdiction to hear and determine all offenses against the ordinances of the city.  No change of venue shall be taken from him or granted by him in any case before him for the violation of any city ordinance.  (§143.309, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-100.  Judge may remit fines, grant pardons.

      The judge shall have power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under the ordinance of the city; but this section shall not be so construed as to authorize the police judge to remit any costs which may have secured to any officer of said city by reason of any prosecution under any of the laws or ordinances of such city.  (§143.311, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-101.  List of cases heard.

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

      (b) The judge shall, within the first three days of every month make out a list of cases heard or tried before him during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of costs, the names of the defendants committed, and the cases appealed, respectively.  He shall verify such reports and lists by oath made before the city clerk who is hereby authorized to administer the same, and the city clerk shall lay said reports and lists before the board of aldermen at the first session thereafter.  (§143.313, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Secs. 2-102 to 2-107.  Reserved.

ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 1.  CITY ATTORNEY

Sec. 2-108.  Office created.

      There is hereby created the office of city attorney for the City of Vienna.  (See also Section 2-2)  (§123.103, 1978 Code)

Sec. 2-109.  Qualifications.

      The city attorney shall not be required to be a resident or a qualified voter of the City of Vienna.  (See also §2-3)  (§123.105, 1978 Code)

Sec. 2-110.  Appointment.

      The mayor shall, in accordance with Section 2-2 appoint some legally licensed attorney at law who may or may not be a resident of the City of Vienna, as the attorney for the city and he shall be known as "city attorney".  (§123.107, 1978 Code)

Sec. 2-111.  Term of office.

      (See Section 2-2)  (§123.109, 1978 Code)

Sec. 2-112.  Compensation.

      The city attorney shall receive as compensation an amount approved by the board of aldermen to be paid out of the general funds of the city, monthly  (§123.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-113.  Oath of office.

      He shall take and subscribe the oath required by other city officials.  (§123.113, 1978 Code)

Sec. 2-114.  Vacancy.

      (See Section 2-115)  (§123.119, 1978 Code)

Sec. 2-115.  Assistants.

      (a) And if deemed for the best interest of the city the mayor and the board of aldermen may by ordinance, employ special counsel to represent the city, either in the case of a vacancy in the office of city attorney or to assist the city attorney and pay reasonable compensation therefore.

      (b) Special counsel may be employed, from time to time as provided for above.  (§123.125, 1978 Code)

Sec. 2-116.  General powers and duties.

      It shall be the duty of the city attorney to advise the city officers and the board of aldermen upon all questions of law affecting the city interests or the duties of the officers thereof and to perform any duties otherwise agreed to by agreement.  (§123.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Secs. 2-117 to 2-121.  Reserved.

ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 2.  CITY CLERK

Sec. 2-122.  Appointment.

      (a) At the regular meeting of the board of aldermen after the city election in April, of the year 1951, and every two years thereafter, the board shall elect a clerk for said board to be known as the "city clerk" whose duties and qualifications shall be fixed by ordinance.

      The board of aldermen shall elect a suitable person who is a resident of said city as clerk of the board who shall be known as "city clerk".  (§125.107, 1978 Code)

Sec. 2-123.  Compensation.

      The city clerk shall receive compensation as approved by the board of aldermen.  (§125.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-124.  Oath of office.

      City clerk shall take the oath of office.  (§125.113, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-125.  Bond.

      (See Section 2-124)  (§125.115, 1978 Code)

Sec. 2-126.  Vacancy.

      In case of the absence of the city clerk at a meeting the board may elect some other suitable person to act as temporary clerk at such meeting.  (§125.119, 1978 Code)

Sec. 2-127.  Turn over records to successor.

      (See Section 2-128)  (§125.123, 1978 Code)

Sec. 2-128.  General powers and duties.

      The city clerk shall attend all meetings of the board of aldermen, keep a true and correct record of all proceedings of said board, record and index all ordinances in a book to be known as the Ordinance Book.  City clerk shall have custody and safekeeping of the city seal, public records, and all other documents and papers belonging to the city that may be delivered into his custody.  City clerk shall affix the seal of the city to all public instruments, all official acts of the mayor which by law or ordinance are required to be so attested and countersign the same.  City clerk shall prepare all certificates of election (if such are necessary), all commissions and appointments and all other official documents required to be attested and shall perform such other duties as may be required of him by law or ordinance, and shall deliver all books, records, papers, and other property pertaining to his office to his successor in office.  The board of aldermen shall, at the expense of the city, cause to be furnished to the city clerk such journal, ordinance book and other records or papers as may be necessary in the performance of his duties as such city clerk.  (§125.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-129.  Preparation of tax books.

      When the board of aldermen shall have fixed the rate of taxation for any given year, the city clerk shall make out and keep such records as are required by the board of aldermen.  (§125.309, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-130.  Keep accounts with collector and treasurer.

      The city clerk shall keep accurate accounts with the city collector and city treasurer and shall charge them with the moneys they receive and credit them with the vouchers audited and allowed by the board of aldermen.  The clerk shall, from time to time, issue and deliver to the city collector as many blank licenses of each kind as may be required in the business of the city, which license shall run in the name of the city and be signed by the mayor and shall be under the seal of the city and shall set forth the particular privilege licensed.  When any such license shall be delivered to the city collector the city clerk shall charge him therewith, specifying the number of the several kinds of licenses, separately, and the amount chargeable thereon.  (§125.311, 1978 Code)

Sec. 2-131.  Keep books of special tax bills.

      The city clerk shall cause a record to be kept of the special tax bills issued by the city in a special book provided for that purpose, shall record and show the date and amount of each tax bill, the rate of interest it bears and a description of the land against which it was issued, the name of the party to which it was issued, the street or part of the street or alley improved and the kind of improvement.  When any tax bill has been paid and the same is presented to the city clerk marked "paid" he shall note on the record the satisfaction of the tax bill.  (§125.313, 1978 Code)

Secs. 2-132 to 2-136.  Reserved.

ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 3.  CITY ENGINEER

Sec. 2-137.  Office created.

      There is hereby created the office of city engineer of the City of Vienna.  (See also §2-2)  (§129.103, 1978 Code)

Sec. 2-138.  Qualifications.

      (See Section 2-3 and 2-139)  (§129.105, 1978 Code)

Sec. 2-139.  Appointment.

      The mayor may, in accordance with Section 2-2, appoint some suitable person as city engineer.  (§129.107, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-140.  Term of office.

      (See Section 2-2)  (§129.109, 1978 Code)

Sec. 2-141.  Compensation.

      The city engineer shall receive as compensation for his services such salary or fees as the board of aldermen may hereafter determine from time to time.  (§129.111, 1978 Code)

Sec. 2-142.  Oath of office.

      He shall take and subscribe the oath as required by other city officials.  (§129.113, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-143.  Bond.

      (See Section 2-142)  (§129.115, 1978 Code)

Sec. 2-144.  Report.

      The city engineer shall make a full report of the transactions of his office to the board of aldermen when so requested by said board and shall deliver all books, records, papers and other property pertaining to his office to his successor in office.  (§129.121, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-145.  Turn over records to successor.

      (See Section 2-144)  (§129.123, 1978 Code)

Sec. 2-146.  General powers and duties.

      (a) It shall be the duty of the city engineer to prepare plans, specifications and estimates of public works and to stake and fix all grades and to render such other engineering services as the board of aldermen may require of him from time to time.

      (b) The person appointed city engineer may also be appointed to and hold the office of street commissioner and any other office in the city.  (§129.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Secs. 2-147 to 2-151.  Reserved.

ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 4.  CITY TREASURER

Sec. 2-152.  Office created.

      There is hereby created the office of city treasurer of the City of Vienna.  (§133.103, 1978 Code)

Sec. 2-153.  Qualifications.

      (See Section 2-3 and 2-154)  (§133.105, 1978 Code)

Sec. 2-154.  Appointment.

      The mayor shall, in accordance with Section 2-2, appoint some suitable person as the city treasurer.  (§133.107, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-155.  Term of office.

      (See Section 2-2)  (§133.109, 1978 Code)

Sec. 2-156.  Compensation.

      The city treasurer shall receive as compensation an amount approved by the board of aldermen out of the general revenue of the said city.  (§133.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-157.  Oath of office.

      He shall take and subscribe the oath required by other city officials and shall give bond to the city in the sum which shall be approved by the board of aldermen.  (§133.113, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-158.  Bond.

      (See Section 2-157)  (§133.115, 1978 Code)

Sec. 2-159.  Report.

      The treasurer shall on the first Friday in October in each year file a written report with the board of aldermen showing the receipts and expenditure of his office, the amount of money in each fund on hand, and the amount of all bonds falling due within the next year.  (§133.121, 1978 Code)

Sec. 2-160.  Turn over records to successor.

      (See Section 2-159)  (§133.123, 1978 Code)

Sec. 2-161.  General powers and duties.

      (a) The city treasurer shall keep in a suitable book provided by the city, a just and true account of the several funds of the city.  He shall receive and safely keep all moneys, warrants, books, bonds, obligations and other property entrusted to his care and shall dispose of the same as the laws and ordinances direct.

      (b) The city treasurer shall keep a separate account of each fund and debits and credits belonging thereto.  The city treasurer shall make out duplicate receipts for all moneys received and shall file one of said receipts with the city clerk.

      (c) It shall be his duty, when required by the mayor or the board of aldermen, to exhibit his accounts, books, and papers for their inspection and to make a report to the board, touching any matter pertaining to his office.

      (d) The city treasurer shall also perform such other duties in the line of his office as may be required of him by ordinance, and shall delivery all moneys, warrants, books, bonds, obligations and other property pertaining to this office to his successor in office.  (§133.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-162.  To receive and account for interest.

      Should the city treasurer receive or be allowed interest on the funds of the city deposited in any bank or depository, the same shall inure to the city and the treasurer shall account for the full amount thereof.  (§133.303, 1978 Code)

Sec. 2-163.  Proposed ordinances referred to treasurer.

      He shall endorse upon all proposed ordinances requiring the payment of money a statement over his official signature showing whether there is a sufficient amount of money to meet the requirements of the proposed ordinance in the fund on which the same is to be made.  (§133.305, 1978 Code)

Sec. 2-164.  Disbursement by warrant only.

      He shall pay out no moneys from any of the funds in his hands belonging to the city except on warrants or orders duly drawn, passed or ordered by the board of aldermen, and signed by the mayor and attested by the city clerk and having the seal of the city affixed thereto and not otherwise.  (§133.307, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-165.  Settlement.

      The treasurer shall on the first Friday in April, of each year, make a complete settlement with the board of aldermen, of all the financial transactions of his office since the last annual settlement showing all receipts of money by him, from whom, for what, and when received and to what fund placed, and all disbursements by him made, to whom, for what, when paid, and out of what fund paid, and shall product all warrants, bonds, and coupons paid and cancelled by him, for which he shall then receive credit; said warrants, bonds, and coupons shall be delivered to the board of aldermen for such disposition as said board may deem advisable.  (§133.321, 1978 Code)

Secs. 2-166 to 2-170.  Reserved.

ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 5.  PARK COMMISSIONER

Sec. 2-171.  Office created.

      There is hereby created the office of park commissioner of the City of Vienna.  (See also §2-2)  (§147.103, 1978 Code)

Sec. 2-172.  Qualifications.

      (See Section 2-3)  (§147.105, 1978 Code)

Sec. 2-173.  Appointment.

      The mayor may, in accordance with Section 2-2, appoint some suitable person as park commissioner.  (§147.107, 1978 Code)

Sec. 2-174.  Term of office.

      (See Section 2-2)  (§147.109, 1978 Code)

Sec. 2-175.  Compensation.

      The park commissioner shall receive as compensation for his services such salary or fees as the board of aldermen shall determine from time to time.  (§147.111, 1978 Code)

Sec. 2-176.  Oath of office.

      He shall take and subscribe the oath required by other city officials.  (§147.113, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-177.  Bond.

      (See Section 2-176)  (§147.115, 1978 Code)

Sec. 2-178.  Report.

      The park commissioner may make a full report of the transactions of his office to the board of aldermen at least once a month and at any other time when so requested by said board, and shall deliver all books, records, papers and other property pertaining to his office to his successor in office.  (§147.121, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-179.  Turn over records to successor.

      (See Section 2-178)  (§147.123, 1978 Code)

Sec. 2-180.  General powers and duties.

      The park commissioner shall have the care and maintenance of all parks of said city and shall make improvements to the same and otherwise manage and control the same under the direction of the board of aldermen.  (§147.301, 1978 Code)

Secs. 2-181 to 2-185.  Reserved.

ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 6.  SEWER COMMISSIONER

Sec. 2-186.  Office created.

      There is hereby created the office of sewer commissioner of the City of Vienna.  (See also §2-2)  (§151.103, 1978 Code)

Sec. 2-187.  Qualifications.

      (See Section 2-3 and 2-188)  (§151.105, 1978 Code)

Sec. 2-188.  Appointment.

      The mayor shall, in accordance with Section 2-2, appoint some suitable person as sewer commissioner.    (§151.107, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-189.  Term of office.

      (See Section 2-2)  (§151.109, 1978 Code)

Sec. 2-190.  Compensation.

      (a) The sewer commissioner shall receive as compensation for his services such sum per month as the board of aldermen may from time to time determine, to be paid out of the water fund of the city.

      (b) The sewer commissioner shall make all connections to the sewer system for a fee approved by the board of aldermen.  The sewer commissioner is hereby authorized to assist any property owner in the flushing of any private sewer line that may become stopped up, and is hereby given the right to sell to said property owner such amounts of water out of the water main that may be necessary in the performance of said work, for which amount of water the said sewer commissioner shall collect from the property owner or tenant using the same and pay said money collected into the city treasury.  (§151.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-191.  Oath of office.

      He shall take and subscribe the oath as required by other city officials.  (§151.113, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-192.  Bond.

      (See Section 2-191)  (§151.115, 1978 Code)

Sec. 2-193.  General powers and duties.

      The sewer commissioner shall have general control and supervision of the entire sewer system of the City of Vienna.  He shall receive and record in a proper book, kept for that purpose, all applications for connections along any of the sewer lines of the city, showing the exact location and size of such connections.  He shall superintend the making of all connections to sewer lines and/or the repairing of the same and shall see that all sewer ordinances are strictly enforced.  (§151.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-194.  Care and custody of tools.

      The sewer commissioner shall have the care and custody of all equipment and machinery belonging to the city and used in connection with the sewer system and shall at all times see that the said equipment is in good working order.  (§151.303, 1978 Code)

Sec. 2-195.  Under supervision of sewer committee.

      The sewer commissioner shall be under the direct supervision and subject to the orders of the sewer committee of the board of aldermen.  (§151.309, 1978 Code)

Secs. 2-196 to 2-200.  Reserved.

ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 7.  STREET COMMISSIONER

Sec. 2-201.  Office created.

      There is hereby created the office of street commissioner of the City of Vienna.  (See §2-2)  (§153.103, 1978 Code)

Sec. 2-202.  Qualifications.

      (See Section 2-3 and 2-203)  (§153.105, 1978 Code)

Sec. 2-203.  Appointment.

      The mayor shall, in accordance with Section 2-2, appoint some suitable person as street commissioner.  (§153.107, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-204.  Term of office.

      (See Section 2-2)  (§153.109, 1978 Code)

Sec. 2-205.  Compensation.

      The street commissioner shall receive as compensation for his services such sum per month, as the board may from time to time determine.  (§153.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-206.  Oath of office.

      He shall take and subscribe the oath required by other city officials.  (§153.113, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-207.  Bond.

      (See Section 2-206)  (§153.115, 1978 Code)

Sec. 2-208.  Report.

      The street commissioner may make a report, to the board of aldermen of all transactions of his office and the condition of any streets, culverts, bridges, sidewalks, crossings, etc.; and shall deliver all books, records, papers and other property pertaining to his successor in office.  (§153.121, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-209.  Turn over records to successor.

      (See Section 2-208)  (§153.123, 1978 Code)

Sec. 2-210.  General powers and duties.

      It shall be the duty of the street commissioner to superintend the opening, grading, building, or repairing of any street, avenue or alley, and the removing or repairing of sidewalks, and the construction of bridges and culverts of the city.  The street commissioner shall perform any and all duties that may be given to him by the mayor and board of aldermen and shall be under the direct supervision of the street committee of the board of aldermen.  (§153.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-211.  Care and custody of tools.

      The street commissioner shall have the care and custody of all tools and implements belonging to the city and used for street work.  (§153.303, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-212.  Under supervision of street committee.

      (See Section 2-210)  (§153.309, 1978 Code)

Secs. 2-213 to 2-217.  Reserved.

ARTICLE IV
APPOINTIVE OFFICERS

DIVISION 8.  WATER COMMISSIONER

Sec. 2-218.  Office created.

      There is hereby created the office of water commissioner of the City of Vienna.  (See also §2-2)  (§159.103, 1978 Code)

Sec. 2-219.  Qualifications.

      (See Section 2-3 and 2-220)  (§159.105, 1978 Code)

Sec. 2-220.  Appointment.

      The mayor shall, in accordance with Section 2-2, appoint some suitable person as water commissioner.  (§159.107, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-221.  Term of office.

      (See Section 2-2)  (§159.109, 1978 Code)

Sec. 2-222.  Compensation.

      The water commissioner shall receive as compensation for his services such sum per month, as the board of aldermen may from time to time determine.  (§159.111, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-223.  Oath of office.

      He shall take and subscribe the oath as required by other city officials.  (§159.113, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-224.  Bond.

      (See Section 2-223)  (§159.115, 1978 Code)

Sec. 2-225.  Report.

      The water commissioner shall make report to the board of all transactions of his office and make any other reports requested by the board.  (§159.121, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-226.  Turn over records to successor.

      The water commissioner shall perform such other duties in the line of his office as may be required of him by ordinance and shall deliver all moneys, books and other property pertaining to his office to his successor in office.  (§159.123, 1978 Code)

Sec. 2-227.  General powers and duties.

      (a) The water commissioner shall have general control and supervision of the entire water works system of the City of Vienna.  He shall receive and record, in a proper book kept for that purpose all applications for taps along any of the water mains of the city, showing the exact location and size of such taps.  He shall superintend the making of all taps to the water mains or pipes and/or the repairing of the same.  He shall collect all money due to the city on account of the water works and shall see that all water ordinances are strictly enforced.

      (b) The person appointed water commissioner may be appointed to hold other city office(s).  (§159.301, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 2-228.  Care and custody of tools.

      The water commissioner shall have care and custody of all water equipment and machinery belonging to the city and used in connection with the water works system, and, shall at all times, see that the said equipment is in good working order.  (§159.303, 1978 Code)

Sec. 2-229.  Under supervision of water committee.

      The water commissioner shall be under the direct supervision and subject to the orders of the water committee of the board of aldermen.  (§159.309, 1978 Code)

Sec. 2-230.  Commissioner to make deposits.

      It shall be the duty of the water commissioner to pay into the treasury, monthly all money belonging to the city that is received by him from all sources.  (§159.311, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Secs. 2-231 to 2-235.  Reserved.

ARTICLE V
RETIREMENT POLICY

Sec. 2-236.  Missouri Local Government Employees Retirement System.

      WHEREAS, the Board of Aldermen of the City of Vienna, Missouri desires to provide retirement benefits for its eligible employees under the Missouri Local Government Employees Retirement System (LAGERS), pursuant to the provisions of sections 70.600 through 70.755, RSMo (2000); and has complied with the notice and filing requirements of section 105.675 RSMo; and

      WHEREAS, employees of the City of Vienna do participate in the federal Social Security program;

      NOW, THEREFORE, BE IT RESOLVED/ORDAINED that the Board of Aldermen of the City of Vienna, a "political subdivision," as defined in section 70.600 through 70.755, RSMo (2000), as amended, hereby elects to become a participating political subdivision of the Missouri Local Government Employees Retirement System and to thereby provide retirement benefits to all its eligible general employees under Benefit Program L-1; and

      BE IT FURTHER RESOLVED/ORDAINED that the Board of Aldermen of the City of Vienna hereby elects that 100% of prior employment be considered for "prior service credit" in calculating benefits and contributions to LAGERS, and further elects that employees eligible to become members of LAGERS are those employees employed in positions normally requiring 1,500 hours of work a year, provided such employees are not members of another governmental retirement plan, or are otherwise excluded from membership in LAGERS by state law; and

      BE IT FURTHER RESOLVED/ORDAINED that the Board of Aldermen of the City of Vienna hereby elects to have the "final average salary" of its employee members determined over a 60 consecutive-month period; and

      BE IT FURTHER RESOLVED/OPDAINED that the Board of Aldermen of the City of Vienna hereby elects to require employees who become members of LAGERS to pay no employee contributions to LAGERS; and

      BE IT FURTHER RESOLVED/ORDAINED that the Board of Aldermen of the City of Vienna hereby elects the regular retirement age for all eligible employees; and

      BE IT FURTHER RESOLVED/ORDAINED that the City Clerk of the City of Vienna is hereby authorized and directed to deduct from the wages or salaries of each employee member, the employee contributions, if any, required by section 70.705, RSMo (2000), and to promptly remit such contributions to LAGERS, along with the employer contributions required by sections 70.705 and 70.730, RSMo (2000), as amended; and

      BE IT FUTHER RESOLVED/ORDAINED that the City of Vienna participation as a LAGERS political subdivision will commence on the first day of September, 2002.  (Ord. 107)

Sec. 2-237.   Qualifications for Police Department employees to participate in the Missouri Local Government Employees Retirement System.

      Whereas, the City of Vienna, Missouri, desires to include its present and future Police Department employees, as defined in section 70.600 (18), RSMo., in the retirement system provided by the Missouri Local Government Employees Retirement System (LAGERS), and has complied with the notice and filing requirements of section 105.675 RSMo; and

      Whereas, it is declared to be the policy of the City of Vienna, a political subdivision as defined by section 70.600, RSMo., to consider as eligible for coverage present and future Police Department employees who are eligible by state law.

Now, therefore it is ordained that:

  1. All present and future Police Department employees declared to be eligible, who have 1,500 or more hours of annual employment, shall be covered under Benefit Program L-1 (1.00%).

  2. Final Average Salary for each employee shall be determined on the basis of a sixty month (60) consecutive month period.

  3. Contributions to the Missouri Local Government Employees Retirement System of 0% total gross wages shall be required from all eligible employees.

  4. 100% of all of prior employment be considered for “prior service credit” in calculating benefits and contributions to LAGERS. Such service shall be credited only to employees whom remain in a covered position with this employer for one full year after the effective date of membership, pursuant to the provisions of section 70.640 RSMo. All qualified employment after the effective date shall be considered membership service, as defined in 70.600(15) RSMo.

  5. The City Clerk is directed to deduct from the wages and salaries of each eligible Police Department employee member, the contributions, if any, required by Section 70.705 RSMo., and to remit the deductions to the Retirement System, together with the employer contributions required by Section 70.705 and 70.750 RSMo.

  6. Employee retirement benefits shall be based on the “minimum service retirement age”, in accordance with the provisions of section 70.600 (16), RSMo.

  7. Remittances and other required reports and records shall be forwarded to the Retirement System in accordance with administrative guidelines established by officials of the Retirement System.

Such election shall be effective on the first day of September, 2014.
(Ord. 189)

Secs. 2-238 to 2-241.  Reserved.