California Missouri City Codes

TITLE I. GOVERNMENT CODE

CHAPTER 100: GENERAL PROVISIONS

ARTICLE I. FOURTH CLASS CITY

SECTION 100.010: CITY OF THE FOURTH CLASS

A majority of the legal voters of the City of California voting at an election on May 29, 1906, voted in favor of an ordinance and proposition, and after proclamation of the Mayor, the City of California was declared a City of the Fourth Class to be organized and incorporated under the provisions of the general law of the State of Missouri providing for the government of Cities of the Fourth Class. (Ord. No. 1.100 з1, 5-7-06)

ARTICLE II. MUNICIPAL BUILDING POLICIES

SECTION 100.020: CITY AUTHORIZED TO RENT OFFICE SPACE IN CITY HALL

BUILDING

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A. The City is authorized to enter into rental agreements for the rent of office space in the City Hall building.

B. The rental figure to be charged for certain office space shall be as set by ordinance by the Board of Aldermen.

SECTION 100.030: SMOKING PROHIBITED IN ALL BUILDINGS OWNED OR OPERATED BY THE CITY

A. No person shall smoke or carry a lighted cigar, cigarette, pipe, or any other form of smoking object or device in all buildings owned or operated by the City of California, including any building owned or operated by any Board or Department of the City, including hallways, restrooms, work areas, public areas, indoor places, or any other place not specifically designated as a smoking permitted area.

B. Designation Of Smoking Area. Limited smoking permitted areas may be designated by the Mayor and the Board of Aldermen, and where smoking permitted areas are designated, existing physical barriers and functional ventilation systems may be used to minimize the effects of smoke in adjacent non-smoking areas. This provision shall not be construed to require fixed structural or other physical modifications in providing these areas or to require operation of any existing heating, ventilating, and air-conditioning system in any manner which decreases its energy efficiency and/or increases its electrical demand, nor shall this provision be construed to require installation of new or additional heating, ventilating, or air-conditioning systems.

C. The Chief of Police of the City of California shall be permitted entrance to any office or work area in any building owned, maintained, or leased by the City of California to determine compliance with this Section.

з 100.030 California City Code з 100.050

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D. The authority to administer and enforce the provisions of this Section is vested in the Chief of Police of the California City Police Department.

E. Penalty Provision. Every person convicted of a violation of any Subsection of this Section shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), per conviction or offense. (Ord. No. 15.201 зз1─5, 6-3-91; Ord. No. 15.201A з1, 4-6-92)

ARTICLE III. GENERAL PENALTY

SECTION 100.040: GENERAL PENALTY

A. Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00), plus costs, or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the City Prison or workhouse instead of the County Jail.

B. Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

ARTICLE IV. MISCELLANEOUS PROVISIONS

SECTION 100.050: DEFINITIONS AND RULES OF CONSTRUCTION

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

BOARD OF ALDERMEN: The Board of Aldermen of the City of California, Missouri.

CITY: The words "the City" or "this City" or "City" shall mean the City of California, Missouri.

COUNTY: The words "the County" or "this County" or "County" shall mean the County of Moniteau, Missouri.

DAY: A day of twenty-four (24) hours, beginning at 12:00 Midnight.

MAY: Is permissive.

з 100.050 General Provisions з 100.050

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MAYOR: An officer of the City, known as the Mayor of the Board of Aldermen of the City of California, Missouri.

MONTH: A calendar month.

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

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

PERSON: May extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.

PERSONAL PROPERTY: Includes money, goods, chattels, things in action and evidences of debt.

PRECEDING, FOLLOWING: When used by way of reference to any Section of this Code, shall mean the Section next preceding or next following that in which the reference is made, unless some other Section is expressly designated in the reference.

PROPERTY: Includes real and personal property.

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

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

SHALL: Is mandatory.

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

STATE: The words "the State" or "this State" or "State" shall mean the State of Missouri.

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

TENANT, OCCUPANT: The words "tenant" or "occupant", applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

WRITING, WRITTEN, IN WRITING and WRITING WORD FOR WORD: Includes printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his/her mark, is intended.

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

з 100.050 California City Code з 100.090

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B. Newspaper. Whenever in this Code or other ordinance of the City it is required that notice be published in the "official newspaper" or a "newspaper of general circulation published in the City", and if there is no newspaper published within the City, the said notice shall be published in a newspaper of general circulation within the City, regardless of its place of publication. Such newspaper shall not include an advertising circular or other medium for which no subнscription list is maintained.

SECTION 100.060: ACCESSORY

Any person who shall aid, assist, conspire, abet, counsel, hire or by any means procure any person to violate any provision prohibited by Titles II and III of this Code shall be punished in the same manner as for committing the offense so aided, assisted, conspired, abetted, counseled, hired or procured to be committed. (Ch. 25 з25.001)

SECTION 100.070: ATTEMPT

A. A person is guilty of attempt to commit an offense when, with the purpose of committing the offense, he/she does any act which is a substantial step towards the commission of the offense. A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

B. It is no defense to a prosecution under this Section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.

SECTION 100.080: GENDER

When used in these ordinances any reference to the masculine gender shall also include the feminine gender. (Ch. 25 з25.004)

SECTION 100.090: SEVERABILITY

If any Section, paragraph, subdivision, clause, phrase, or provision of this Article shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of any other part of the Code of the City of California, Missouri. (Ch. 25 з25.006)

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CHAPTER 105: ELECTIONS

ARTICLE I. IN GENERAL

SECTION 105.010: CONFORMANCE OF CITY ELECTIONS WITH STATE LAW

All City elections shall be conducted and held in conformance with the provisions of Chapter 115, RSMo.

SECTION 105.020: DATE OF MUNICIPAL ELECTION

A. A municipal election for the qualified voters of this City shall be held on the first (1st) Tuesday after the first (1st) Monday in April of each year.

B. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of California shall be held for the purpose of electing a Mayor, who shall hold his/her office for a term of two (2) years, and until his/her successor is elected and qualified.

C. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of California shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of two (2) years, and until his/her successor is elected and qualified.

D. On the first (1st) Tuesday after the first (1st) Monday in April of even-numbered years, a municipal election of the qualified voters of the City of California shall be held for the purpose of electing one (1) Alderman from each ward, who shall hold his/her office for a term of two (2) years, and until his/her successor is elected and qualified.

E. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of California shall be held for the purpose of electing a Collector who shall hold his/her office for a term of two (2) years, and until his/her successor is elected and qualified.

SECTION 105.030: DECLARATION OF CANDIDACY─DATES FOR FILING

Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M., on the fifteenth (15th) Tuesday prior to, nor later than 5:00 P.M., on the eleventh (11th) Tuesday prior to the next City municipal election, a written declaration of his/her intent to become a candidate at said election. The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election, and the date of their filing, and their names shall appear on the ballots in that order.

SECTION 105.040: DECLARATION OF CANDIDACY─NOTICE TO PUBLIC

The City Clerk shall, on or before the fifteenth (15th) Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office

з 105.040 California City Code з 105.060

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or offices to be filled, the proper place for filing and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City.

SECTION 105.050: DECLARATION OF CANDIDACY─FORM

The form of said written declaration of candidacy shall be substantially as follows:

STATEMENT OF CANDIDACY

STATE OF MISSOURI )

) SS

COUNTY OF MONITEAU )

I, , being first duly sworn, state that I reside at , City of California, County of Moniteau, Missouri; that I am a qualified voter; that I do hereby declare myself a candidate for the office of , to be voted upon at the municipal election to be held on the first (1st) Tuesday after the first (1st) Monday in April, , and I meet all the qualifications required of a candidate for said office, and I hereby request that my name be printed upon the official ballot for said election for said office, and state that I will serve as such officer, if elected.

Signed:

Subscribed and sworn to before me this day of , .

City Clerk

City of California

(S E A L)

SECTION 105.060: NOTICE OF ELECTIONS

In City elections, the City Clerk shall notify the County Clerk prior to 5:00 P.M. on the tenth (10th) Tuesday prior to any City election except as noted in Section 115.125.1, RSMo. The notice shall be in writing, shall specify that the Board of Aldermen is calling the election, the purpose of the election, the date of the election, and shall include a certified copy of the legal notice to be published including the sample ballot. The written notice shall be executed on behalf of the Board of Aldermen by the Mayor of the Board and shall include the attestation of the City Clerk and shall have affixed thereto the Seal of the City of California. The notice and any other information required by this Section may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 P.M. on the tenth (10th) Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three (3) business days from the date of the facsimile transmission.

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ARTICLE II. WARDS

SECTION 105.070: CITY DIVIDED INTO THREE WARDS

A. The City of California, Missouri, is hereby divided into three (3) Wards to be known as the First Ward, Second Ward and Third Ward.

B. The First Ward shall be composed of all the territory within the limits of said City and bounded as follows:

Beginning at the point of intersection of U.S. Highway No. 50 and Oak Street and continuing North to the intersection of Oak and Prospect Street, thence West to the intersection of Prospect and Boonville Road, and thence North to the limits of said City, thence along said City limits in an Easterly direction to the Eastern most part and thence South along said City limits to a point defined as the intersection of U.S. Highway No. 50 and the East City limits of the City of California, thence Westerly along U.S. Highway No. 50 to the point of beginning.

C. The Second Ward shall be composed of all the territory within the limits of said City and bounded as follows:

Beginning at the intersection of U.S. Highway No. 50 and Oak Street and thence North to the intersection of Oak and Prospect Street, thence West to the intersection of Prospect and Boonville Road, thence North to the limits of said City, thence in a westerly direction to the Western most point of said City limits and thence South to a point described as the intersection of the West limits of said City, and thence in an Easterly direction along U.S. Highway No. 50 to the point of beginning. Also, all that territory within the City limits that lies West of Latham Road and South of U .S. Highway No. 50.

D. The Third Ward shall be composed of all the territory within the limits of said City situated South of U.S. Highway No. 50 and East of Latham Road. (Ord. No. 7.101 зз1─4, no date)

CHAPTER 110: MAYOR AND BOARD OF ALDERMEN

ARTICLE I. MAYOR AND BOARD OF ALDERMEN─GENERALLY

SECTION 110.010: ALDERMEN─QUALIFICATIONS

No person shall be an Alderman unless he/she be at least twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.

SECTION 110.020: MAYOR─QUALIFICATIONS

No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States and a resident of the City at the time of and for at least one (1) year next preceding his/her election.

SECTION 110.030: BOARD TO SELECT AN ACTING PRESIDENT─TERM

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

SECTION 110.040: ACTING PRESIDENT TO PERFORM DUTIES OF MAYOR─WHEN

When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the Mayor's return.

SECTION 110.050: MAYOR AND BOARD─DUTIES

The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances, and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they 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 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.

з 110.060 California City Code з 110.100

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shall take care that the ordinances of the City, and the State laws relating to such City, are complied with.

SECTION 110.070: ORDINANCES─PROCEDURE TO ENACT

The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of California, as follows:" No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Board of Aldermen. 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 Board of Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto, as herein provided.

SECTION 110.080: BILLS MUST BE SIGNED─MAYOR'S VETO

Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.

SECTION 110.090: BOARD TO KEEP JOURNAL OF PROCEEDINGS

The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.

SECTION 110.100: BOARD SHALL PUBLISH SEMI-ANNUAL STATEMENTS

The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.

з 110.110 Mayor And Board Of Aldermen з 110.160

SECTION 110.110: NO MONEY OF CITY TO BE DISBURSED UNTIL STATEMENT IS

PUBLISHED─PENALTY

In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.

SECTION 110.120: BOARD MAY COMPEL ATTENDANCE OF WITNESSES─MAYOR TO ADMINISTER OATHS

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

SECTION 110.130: MAYOR TO SIGN COMMISSIONS

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.

SECTION 110.140: MAYOR SHALL HAVE THE POWER TO ENFORCE LAWS

The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50), to aid in enforcing the laws.

SECTION 110.150: MAYOR─COMMUNICATIONS TO BOARD

The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.

SECTION 110.160: MAYOR MAY REMIT FINE─GRANT PARDON

The Mayor shall have power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.

з 110.170 California City Code з 110.190

ARTICLE II. BOARD OF ALDERMEN MEETINGS

SECTION 110.170: REGULAR MEETINGS

The Board of Aldermen of the City of California, Missouri, shall meet in regular session in the City Hall at 7:00 P.M. on the first (1st) Monday of each month, unless rescheduled by the Board of Aldermen prior to scheduled date of meeting.

SECTION 110.180: RESERVED

SECTION 110.190: QUORUM MUST BE PRESENT

At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. Four (4) of the Aldermen shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.

The following officers shall be elected by the qualified voters of the City, and shall hold office for the term of two (2) years, except as otherwise provided in this Section, and until their successors are elected and qualified, to wit: Mayor, Board of Aldermen and City Collector.

The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a City Attorney, Supervisor of the Parks Department, Superintendent of Utilities, Supervisor of the Street Department, Chief of Police, Fire Chief, Building Inspector and such other officers as he/she may be authorized by ordinance to appoint, and if deemed for the best interests of the City, the Mayor and Board of Aldermen may, by ordinance, employ special counsel to represent the City, either in a case of a vacancy in the office of City Attorney or to assist the City Attorney, and pay reasonable compensation therefor.

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 elective officer of the City, such officer being first given opportunity, together with his/her 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 (2/3) vote of all members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to 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 (2/3) vote of all the members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals.

All officers elected to offices or appointed to fill a vacancy in any elective office under the City Government shall be voters under the laws and Constitution of this State and the ordinances of the City except that appointed officers need not be voters of the City. No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid City taxes, or forfeiture or defalcation in office. All officers, except appointed officers, shall be residents of the City, unless approved by the Mayor and Board of Aldermen.

з 115.050 California City Code з 115.090

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

SECTION 115.060: SALARIES FIXED BY ORDINANCE

The Board of Aldermen shall fix the compensation of all the officers and employees of the City, by ordinance. The salary of an officer shall not be changed during the time for which he/she was elected or appointed.

SECTION 115.070: VACANCIES IN CERTAIN OFFICES─HOW FILLED

If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a majority of the remaining members of the Board of Aldermen. If the vacancy is in the office of Mayor, nominations of a successor may be made by any member of the Board of Aldermen and selected with the consent of a majority of the members of the Board of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies consistent with this Section. The successor shall serve until the next regular municipal election. If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled.

SECTION 115.080: POWERS AND DUTIES OF OFFICERS TO BE PRESCRIBED BY

ORDINANCE

The duties, powers and privileges of officers of every character in any way connected with the City Government, not herein defined, shall be prescribed by ordinance. Bonds may be required of any such officers for faithfulness in office in all respects.

ARTICLE II. CITY CLERK

SECTION 115.090: CITY CLERK─ELECTION─DUTIES

The Board of Aldermen shall elect a Clerk for such Board, to be known as "the City Clerk", whose duties and term of office shall be fixed by ordinance. Among other things, the City Clerk shall keep a journal of the proceedings of the Board of Aldermen. He/she shall safely and properly keep all

з 115.090 City Officers з 115.140

the records and papers belonging to the City which may be entrusted to his/her care; he/she shall be the general accountant of the City; he/she is hereby empowered to administer official oaths and oaths to persons certifying to demands or claims against the City.

ARTICLE III. CITY COLLECTOR

SECTION 115.100: ELECTION

The City Collector shall be elected as set out in Section 105.020 of this Code.

SECTION 115.110: DUTIES GENERALLY

A. The Collector shall perform all the duties specified in this Code and Missouri Statutes.

Compensation. The City Collector shall receive as compensation for his/her services a fee or percentage, as may be fixed by ordinance.

SECTION 115.120: COLLECTOR TO MAKE ANNUAL REPORT

The Collector shall, annually, at such times as may be designated by ordinance, make a detailed report to the Board of Aldermen, stating the various monies collected by him/her during the year, and the amounts uncollected and the names of the persons from which he/she failed to collect and the causes therefor.

SECTION 115.130: RESERVED

ARTICLE IV. CITY ATTORNEY

SECTION 115.140: CITY ATTORNEY

A. Appointment. The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have the power to appoint a City Attorney, who shall hold office until the first (1st) meeting of the Board of Aldermen following the municipal general election of each year.

B. Compensation Schedule. The City Attorney will receive for his or her services rendered to the City, the annual compensation of thirty thousand dollars ($30,000.00) payable every two (2) weeks. Nothing herein shall be construed to mean that the City Attorney is a general employee. The City Attorney will receive reimbursement for expenses (mileage, travel, postage, tolls, copies, facsimile charges, etc.). Services performed, for which compensation is not included in the annual salary, shall be compensated on an hourly basis at the rate of ninety-five dollars ($95.00) per hour plus expenses.

C. Duties.

C.1. The City Attorney of California, Missouri, shall not be a full-time position.

з 115.140 California City Code з 115.150

Duties to be performed by the City Attorney for which compensation is included in the annual salary shall include the following: preparation of ordinances, contract documents and easements at the request of the City; attendance at the regularly scheduled monthly meeting of the Board of Aldermen of the City; attendance (upon reasonable request and with timely notice) at such other meetings of the Board of Aldermen as may be appropriate (however, the City Attorney shall not be required to attend more than three (3) meetings per month); the City Attorney shall give advice and counsel to the Mayor, the Board of Aldermen and the executive officers of the City, relating to matters affecting and involving the City; the City Attorney shall prosecute offenses in Municipal Court, and as necessary shall prosecute municipal offenses for which the trials are heard in the Circuit Courts (however, the annual compensation shall not include time spent on any matter proceeding to or involving trial by jury); the City Attorney shall provide advice and assistance to the Chief of Police in connection with the preparation of complaints for violations of this Code and other ordinances of the City.

A.1. Incorporated herein is Subsection (D), a general statement of duties and tasks for which additional compensation shall be paid.

The following specific tasks shall be understood to be included in the duties for which compensation is included in the annual salary (and this list is not all-inclusive): preparation of annexation documents necessary to effect a voluntary annexation, preparation of quitclaim or special warranty deeds for the City, preparation of documents relating to the closure or abandonment of City streets or alleys (except the legal descriptions relating to said process), preparation of documents as appropriate and necessary relating to the affairs of the City and all tasks as outlined above. The following specific tasks shall be understood as not included in those duties for which compensation is included in the annual salary (and this is not all-inclusive): preparation of legal descriptions; title searches; ownership searches; actions for involuntary actions for annexation of property; actions for condemnation of property; development of specifications, procedures or policies for utilization by the City; health code violations; planning, building, zoning code violations; development of planning and zoning guidelines; special projects (such as wastewater, water or utility projects, including grants, loans or development projects); grant writing, investigation or administration; negotiations on behalf of the City (other than negotiations which occur on a routine basis and as a part of the customary duties of the City Attorney); economic development; collection of taxes due to the City. (Ord. No. 17.221 зз1─4, 10-7-85; Ord. No. 2003-007 зз1─3, 6-3-02)

ARTICLE V. STREET DEPARTMENT

SECTION 115.150: ESTABLISHMENT OF STREET DEPARTMENT

A. There is hereby created a Street Department of the City of California, Missouri.

B. The Mayor, with the advice and consent of a majority of the members of the Board of Aldermen of the City, shall have the power to appoint the Supervisor of the Street Department.

C. The Supervisor of the Street Department shall have charge of all City streets, shall have charge of the construction and care of all public streets, alleys and drives in the City, and shall be charged with the keeping of the same clean and in good repair. The Supervisor shall report at least monthly to the Mayor and the Aldermen as to the status of the streets, the financial standing of the Street Department, and the needs of the Department. The Supervisor shall have such other duties as the Mayor and Board of Aldermen may from time to time determine. (Ord. No. III-83 зз1Ч3, 11-7-77; Ord. No. 17.694 зз1Ч3, 9-5-00; Ord. No. 17.703 зз1Ч4, 5-17-01)

з 115.160 City Officers з 115.170

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ARTICLE VI. SUPERINTENDENT OF UTILITIES

SECTION 115.160: SUPERINTENDENT OF UTILITIES

A. There is hereby created the office of Superintendent of Utilities, an executive office of the City of California, Missouri. The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen shall have the power to appoint the Superintendent of Utilities.

B. The Superintendent of Utilities shall have charge of the care of all utilities.

C. His/her compensation for these additional