Section 2.1. Number and term
(1) Election of Mayor
One member of the City Council shall be known as the mayor who shall be elected
to that office by the qualified voters of the city at large for a term of two
years who shall serve until his successor shall be elected and qualified. Provisions
of this Section shall apply at the next regular municipal election, at which
time the mayor shall be elected for a term of two years and one General Councilmember
for a term of four years. Thereafter at the next regular municipal election
the mayor shall be elected for a term of two years, and at each regular municipal
election there shall be elected two General Councilmembers and two Zone Councilmembers
for terms of four years except at the Municipal election in 1981 the General
Councilmembers shall be elected for a short term of two years. The mayor shall
be prohibited from serving more than four consecutive terms as Mayor.
Approved by vote of the people April 1, 1986.
(2) Number and Term
The Council shall consist of nine (9) members to be known as Councilwomen or
Councilmen, each of whom shall be elected for a term of four (4) years and shall
serve until his or her successor shall be elected and qualified. Reference to
"Councilmember" as used throughout this Charter is intended to mean
"Councilwoman" or "Councilman" depending upon the gender.
Five Councilmembers known as General Councilmembers shall be elected by the
qualified voters of the city at large. Four (4) of the Councilmembers to be
elected shall reside respectively in Zones 1, 2, 3 and 4 and are to be known
as Zone Councilmembers. Zone Councilmembers shall be elected by the qualified
voters of the zone in which they reside.
General Councilmembers' seats or positions shall be individually designated
by number or by letter or by other reasonable designation, and shall thereby
be distinguished from one another for purposes of appointment and election.
Approved by vote of the people April 3, 1984.
(3) Running for Another Council Office - Limitation
No member of City Council may file for another City Council office, other than
the office of mayor, if such other City Council office has a term overlapping
the term of office that the member of council then holds, unless the member
of council first gives written notice to the city clerk of intent to so file
not later than 30 days prior to the date upon which one can first file for such
other office. The giving of written notice of intention to file for such overlapping
office shall constitute an irrevocable resignation of the office that the Councilmember
then holds effective as of the date upon which the results of the general city
election are certified for such other office. Notwithstanding any other provision
of this Charter to the contrary, the office to be vacated by the irrevocable
resignation shall be filled by the qualified voters for the balance of the term
thereof at the same aforesaid general city election held after the notice of
intent to file for the other office is given.
Approved by vote of the people February 5, 1985.
Section 2.2. Qualifications
A councilmember hereafter elected or appointed shall be a qualified voter of
the city and shall have been a resident thereof for at least two years immediately
prior to his or her election or appointment. The four zone councilmembers hereafter
elected or appointed shall be residents and qualified and registered voters
of the respective zones provided for in Section 1.4. Each zone councilmember
hereafter elected or appointed shall have been a resident of his or her zone
for at least one year immediately prior to his or her election or appointment.
No councilmember shall be a candidate or nominee for or hold any other lucrative
public office or hold a lucrative position in the city government during his
or her term as councilmember, except the following persons shall not be disqualified:
A member of the National Guard or Naval or Military Reserve or Notary Public.
A city councilmember should not be employed by the City of Springfield or any
of its departments, boards, or agencies for a period of one (1) year after leaving
the position of councilmember. If a councilmember shall cease to possess the
above qualifications or shall be convicted of a crime involving moral turpitude,
his or her office shall immediately become vacant.
Approved by vote of the people April 3, 1984.
Section 2.3 Salary
(1) The councilmembers shall receive no salary, but they, including the mayor,
shall be reimbursed for any necessary specific expenses incurred in connection
with their duties as provided by ordinance or resolution of the Council prior
to incurring such expenses.
(2) The mayor shall receive a salary of $200.00 per month, provided, however,
the council may provide a fund for incidental expenses incurred in the performance
of his duties not to exceed $100.00 per month, for which no accounting shall
be required.
Approved by vote of the people April 1, 1986.
Section 2.4. Rules of order
The council shall determine by ordinance its own rules and order of business.
It shall keep a journal of its proceedings, which shall be open to public inspection
at all reasonable hours. It shall be the judge of election returns and qualifications
of its members, and may punish its members for disorderly behavior. A majority
thereof shall constitute a quorum to do business, but a smaller number may adjourn
from time to time and may compel the attendance of absent members in such manner
and under such penalties as the council may provide. The affirmative vote of
a majority of the entire council shall be necessary to adopt any ordinance,
resolution, or motion. The "ayes" and "nays" on any question
shall, at the request of any member, be entered in the journal, and the "ayes"
and "nays" shall be recorded on the final passage of every ordinance
or resolution.
Section 2.5. Vacancies
Vacancies in the office of Councilmembers shall be filled by the affirmative
vote of a majority of the entire Council for a period running to the next regular
city election, at which time a successor shall be elected for the unexpired
term.
Approved by vote of the people April 3, 1984.
Section 2.6. Mayor; Election and duties
The mayor shall be elected by the qualified voters of the city at large for
a term of two (2) years and shall have no regular administrative duties. He
shall preside at all meetings of the council and shall be recognized as head
of the city government for all legal and ceremonial purposes and by the governor
for purposes of military law. He shall have the same right to vote as any other
member of the council, but shall have no veto power. The council shall also
select from among the councilmembers a mayor "pro-tempore," who shall
act as mayor during the mayor's absence or the mayorŐs inability to act. If
a vacancy should occur, the mayor "pro-tempore" shall assume the office
of mayor until the next election or until such time as Council shall call a
special election.
Approved by vote of the people April 1, 1986.
Section 2.7. Appointment and removal of city manager
The council shall appoint an officer who shall have the title of city manager
and who shall have the powers and perform the duties provided in this Charter.
No councilmember shall receive such appointment during the term for which he
or she shall have been elected or within one year after the expiration of his
or her term. The appointment of the City Manager shall be for an indefinite
term, and he may be suspended by a resolution which shall set forth the reasons
for his suspension and proposed removal. A copy of such resolution shall be
served immediately upon the city manager. The city manager shall have fifteen
(15) days in which to reply thereto in writing, and, upon his request, he shall
be afforded a public hearing, which shall occur not earlier than ten (10) days
nor later than fifteen (15) days after such hearing is requested. After the
public hearing, if one be requested, and after full consideration, the council
by majority vote of its members may adopt a final resolution of removal.
Approved by vote of the people April 1, 1986.
Section 2.8. Prohibition of interference
Neither the council nor any of its members shall direct or request the appointment
of any person to, or his removal from, office by the city manager or by any
of his subordinates, or in any way interfere with the appointment or removal
of officers and employees in the administrative service of the city. Except
for the purpose of inquiry, unless specifically otherwise provided in this Charter,
the council and its members shall deal with the administrative officers and
services solely through the city manager, and neither the council nor any member
thereof shall give orders to the subordinates of the city manager, either publicly
or privately. Any councilmember violating the provisions of this Section shall
forfeit his office. Whether such violation has occurred shall be determined
by the members of the council, and their decision shall be final.
Approved by vote of the people April 1, 1986.
Section 2.9. City Clerk
The council shall elect an officer who shall have the title of city clerk. He
shall keep the journal of its proceedings and authenticate by his signature
all ordinances and resolutions and record them in full in a book kept for that
purpose. He shall perform such other duties as may be required by statute, by
this Charter, or by the council. The city clerk shall hold office at the pleasure
of the council.
Section 2.10. Creation of new departments or offices; change
of duties
The council by ordinance may create, change, and abolish offices, departments,
or agencies, other than the offices, departments and agencies established by
this Charter. The council by ordinance may assign additional functions or duties
to offices, departments or agencies established by this Charter, but may not
discontinue or assign to any other office, department, or agency any function
or duty assigned by this Charter to a particular office, department or agency,
except as otherwise provided in this Charter.
Section 2.11. Meetings
The council shall meet regularly and especially at such times as prescribed
by its rules, but not less frequently than once each month. All meetings of
the council shall be open to the public, except city council may close such
meetings when provided for by state law. The first meeting of each newly elected
council, for induction into office, shall be held at the time which the election
returns are officially confirmed in accordance with Section 13.7 of this Charter.
Approved by vote of the people February 6, 1979.
Section 2.12. Legislative proceedings
In the transaction of legislative business, whenever the council shall act by
ordinance, the following procedure shall be used: Every ordinance shall be by
bill, which shall be written or printed form, and the enacting clause shall
be "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SPRINGFIELD." No
bill, except those making appropriations and those codifying or rearranging
existing ordinances, shall relate to more than one subject, which shall clearly
be expressed in the title. Ordinances making appropriations shall be confined
to the subject matter of the appropriation. Except as otherwise authorized herein,
all bills shall either be read by title two times before final passage, not
more than one of which shall be at the same legislative session; and at least
one week shall elapse between introduction and final passage, except as otherwise
provided herein. Emergency bills, bills pertaining to public improvement projects
for which tax bills are to be issued, and any other council bill that may be
acted upon at the same city council meeting under provisions of this Charter
shall be required to be read or printed in the city council agenda only one
time by title provided the reading or printing of such bill by title shall take
place at the meeting at which final action is taken on the bill. The printing
of the title of the bill shall constitute a separate reading of the bill each
time it is printed in the city council agenda.
Approved by vote of the people November 5, 1985.
An ordinance may be passed as an emergency measure on the day of the introduction
of the bill if it contains the statement that an emergency exists and specifies
distinctly the facts and reasons constituting the emergency. No ordinance granting,
enlarging, or affecting any franchise shall be passed as an emergency measure.
The emergency procedure shall be restricted to the following:
(1) Bills concerning the immediate preservation of public peace, property, health,
safety, or morals.
(2) An appropriation for payment of principal or interest of the public debt.
(3) An appropriation for the payment of current expenses of the city government
or payment of compromise settlement of damage claims upon recommendations of
the city attorney.
(4) Calling an election or providing for the submission of a proposal to the
people.
(5) Any ordinance fixing any tax rate or assessment.
(6) Any ordinance relating to the public improvement to be paid for by special
assessment.
Either the vote of two-thirds of the members of the council or the unanimous
vote of those members present, whichever is the lesser, shall be required to
pass an ordinance as an emergency measure.
Every bill introduced shall be filed with the city clerk on the day of its first
reading and shall remain on file in his office for public inspection until it
is finally adopted or fails of passage. Prior to the final passage of any bill,
other than an emergency bill all persons interested therein shall be given an
opportunity to be heard before the council, in accordance with such rules and
regulations as the council may adopt. After the second reading of any bill and
compliance with the other provisions herein, the council shall make an amendment
which constitutes a change in substance, the bill as amended shall be filed
in the office of the city clerk for one additional week, and an opportunity
afforded for further public hearing, after which final action may be taken thereon.
An ordinance, when passed by the council, shall be signed by the presiding officer
and attested by the city clerk; it shall be immediately filed and thereafter
preserved in the office of the city clerk; and, except as otherwise provided
herein, shall be subject to the referendum provided in Article XIV of this Charter.
Unless otherwise specified, every ordinance shall become effective thirty (30)
days after its final passage. If an ordinance be submitted at a referendum election
or as a result of an initiative petition, it shall become effective upon the
declaration by the council, after canvassing the election returns, that it has
received the favorable vote of a majority of those voting thereon.
Approved by vote of the people June 11, 1974.
Section 2.13. Revision of ordinances
Within three years after the adoption of this Charter, all ordinances of the
city of a general and permanent nature shall be revised, digested, codified,
and promulgated, and a system of continuous numbering and revision shall be
established and maintained thereafter in accordance with provisions to be prescribed
by ordinance.
Section 2.14. Annual audit
An independent audit shall be made of all accounts of the city government at
least annually, and more frequently if deemed necessary by the council. Such
audit shall be made by a certified public accountant who is experienced in municipal
accounting and who is selected by the council. Such accountant shall have no
personal or financial interest, direct or indirect, in the fiscal affairs of
the city government or of any of its officers. The results of such audit shall
be made public in such manner as the council may determine.
Section 2.15. Investigator
The council may appoint an investigator who shall serve for such term as the
council may prescribe. He shall be a certified public accountant or a person
specially trained and experienced in governmental or business investigation
or administration. His duty shall be to keep the council informed as to the
work performed, methods, and financial affairs of the city. He shall not be
responsible for the keeping of accounts. He shall make such investigations of
the work of all departments of the city and such reports to the council as it
shall require. He shall make such other investigations as the council may direct.
He shall have access to all books and records of all departments of the city.
If the council desires, he shall certify to the correctness of any or all financial
reports before the same shall be regarded as official.
Section 2.16. Enumeration of certain powers
Without limitation of the powers conferred upon the city by Section 1.3 of Article
I of this Charter, or by any other provision hereof, the council shall have
power by ordinance not inconsistent with this Charter to do, but shall not be
restricted to, the following:
(1) Assessment, levy and collection of taxes. Assess, levy and collect taxes
for all general and special purposes on all subjects or objects of taxation
not expressly prohibited by laws, provide for enforcing the prompt payment and
for penalties for delinquency thereof, and adopt such classifications of the
subjects and objects of taxation as may not be contrary to law.
(2) Furnishing public services; operation, etc., of public utilities. Furnish
all public services; purchase, hire, lease, construct, own, maintain, and operate
public utilities; dispose of the services and products thereof; acquire, by
condemnation or otherwise, within or without the corporate limits, property,
or any estate or interest therein, necessary for any such purposes; grant public
utility franchises and permits and regulate the exercise thereof.
(3) Public improvements generally. Make public improvements and acquire, by
condemnation or otherwise, property, or any estate or interest therein, within
or without the corporate limits, necessary for such improvements.
(4) Police, health, sanitary, safety, fire prevention, etc., regulations. Adopt
police, health, sanitary, safety, fire prevention, and other similar regulations
not in conflict with general laws and provide for their enforcement.
(5) Expending money - Generally. Expend the money of the city for all lawful
purposes.
(6) Borrowing money. Issue, sell, pledge, or in any manner dispose of, negotiable
or nonnegotiable, interest bearing or noninterest bearing bonds or notes of
the city, upon the credit of the city, or solely upon the credit or specific
property owned by the city, or solely upon the credit of income derived from
the property used in connection with any public utility owned or operated by
the city, or solely upon the credit of the proceeds of special assessments for
local improvements, or upon any two or more such credits.
(7) Power of eminent domain - Generally. Exercise the power of eminent domain,
including the power of excess condemnation as authorized by the constitution
or by law, and condemn private property, real or personal, or any use therein
for public use within or without the city.
(8) Administering, etc., trusts. Take and hold property within or without the
city upon trust, and administer trusts.
(9) Acquisition of property - Generally. Acquire and receive by gift, bequest
or devise all kinds of property, real, personal or mixed, or any estate or interest
therein, within or without the city, absolutely or in trust, for all public,
charitable or municipal uses or purposes; perform all acts necessary to carry
out the purposes of such gifts, bequests or devises, with power to manage, sell,
lease or otherwise handle or dispose of such property, in accordance with the
terms of the gift, bequest or devise.
(10) Same - Further provisions. Acquire, receive, hold, provide for by contract
or otherwise, construct, operate, regulate, manage, maintain and improve all
kinds of public buildings, structures, public market facilities, airports, off-street
parking facilities, public housing, cemeteries, hospitals, parks and other recreational
facilities, all other public improvements, and any other property, real or personal,
within or without the city, for all such uses or purposes, or for any other
public or municipal use or purpose; acquire, receive and hold any estate or
interest in any such property; and sell, lease, mortgage, pledge or otherwise
dispose of the same or the products thereof. The power herein granted shall
be limited only by prohibitions contained in the constitution and laws of Missouri
and other provisions of this Charter.
(11) Collection, etc., of sewage, garbage, refuse, etc. Collect and dispose
of sewage, offal, ashes, garbage and refuse, or license and regulate such collection
and disposal.
(12) Regulation of businesses liable to be nuisances. Prescribe limits with
which businesses, occupations and practices liable to be nuisances or detrimental
to the health, morals, safety, security or general welfare of the people may
lawfully be established, conducted or maintained.
(13) Weights and measures. License and inspect weights and measures; and inspect,
test, measure and weigh any article offered for sale within the city for consumption
or use.
(14) Building regulations. Regulate the construction and materials of all buildings
and structures and inspect all buildings, lands and places as to their condition
for health, cleanliness and safety; and when necessary, prevent the use thereof
and require any alterations or changes necessary to make them healthful, clean
and safe.
(15) Establishment, improvement, etc., of streets, parks, sewers, etc. Establish,
open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct,
reconstruct, maintain, light, sprinkle and clean public highways, streets, boulevards,
parkways, sidewalks, alleys, parks, public grounds and squares, bridges, viaducts,
subways, tunnels, sewers and drains, and regulate the use thereof.
(16) Regulate, etc., grade crossings, airports, aircraft, communication facilities,
etc. Abolish or prevent grade crossings, and provide for safe crossings and
compel any street, steam, electric railroad or other transportation company
or companies affected thereby to pay all or a part of the cost thereof; regulate
and control the location of aviation fields, hangars and aircraft landing places;
regulate and control the use of all aircraft within or over the city; and regulate
and control the location, construction, operation and use of all types of communication
facilities.
(17) Investment of funds. Invest funds of the city in:
(a) Obligations of the United States government, the State of Missouri, this
city; or
(b) Bonds, bills, notes, debentures or other obligations guaranteed as to payment
of principal and interest by the government of the United States or any agency
or instrumentality thereof, the State of Missouri or this city; or
(c) Revenue bonds of this city; or
(d) Certificates of deposit, savings accounts as defined in Chapter 369, Revised
Missouri Statutes or in interest bearing time deposits when such funds are held
in United States banks, state banks, savings and loan associations operating
under Chapter 369, Revised Missouri Statutes, or savings and loan associations
authorized by the United States government so long as such deposits, saving
accounts, and interest bearing deposits are secured by one or more of the types
of securities described in subparagraphs (a), (b), or (c) of this Section; or
Approved by vote of the people June 11, 1974.
(e) Banker's acceptances issued by domestic commercial banks possessing the
highest rating issued by a nationally recognized rating agency; or
Approved by vote of the people April 6, 1999.
(f) Commercial paper issued by domestic corporations which has received the
highest rating issued by a nationally recognized rating agency; or
Approved by vote of the people April 6, 1999.
(g) Investments permitted by the City Council which are authorized in the model
investment policy prepared by the State of Missouri for political subdivisions.
Approved by vote of the people April 6, 1999.
(18) Annexation and disannexation. Extend or diminish the limits of the city
by ordinance subject to the approval of a majority of the qualified voters of
the city voting thereon in any general or special election.
(19) Defining and abatement of nuisances. Define, prohibit, suppress, prevent
and regulate, all acts, practices, conduct, businesses, occupations, callings,
trades, uses of property and all other things whatsoever detrimental or liable
to be detrimental to the health, morals, comfort, safety, convenience, or welfare
of the inhabitants of the city, and abate all nuisances and impose liens on
properties where such nuisances exist for the cost of the abatement of such
nuisances.
Approved by vote of the people April 6, 1971.
(20) General welfare, etc. Do all things whatsoever necessary or expedient for
promoting and maintaining the comfort, education, morals, safety, peace, government,
health, welfare, trade, commerce, or industry of the city and its inhabitants.
(21) Imposition of penalties, etc. Enforce any ordinance, rule, or regulation
by means of fines, forfeitures, penalties, and imprisonment, or by action or
proceedings in the municipal court or in any other court of competent jurisdiction,
or by any one or more of such means, and impose costs as a part thereof and
provide for probation and parole in proper cases.
(22) Regulation of businesses generally. License, tax, regulate or suppress
all businesses, occupations, professions, vocations, activities (set forth and
enumerated by the statutes of this state, now or hereafter applicable to cities
of the first, second, third or fourth class or of any population group) which
any such cities are now permitted or may hereafter be permitted to license,
tax, regulate, or suppress.
(23) License taxes generally. To impose a license tax upon any business, vocation,
pursuit, calling, animal, or thing.
(24) Issuance of process, etc. Compel, by the issuance of process, the attendance
of witnesses and production of papers and records relating to any subjects under
investigation in which the interest of the city is involved, and call upon the
proper officers of the city or county to execute such process.
(25) Contracts, suits, etc. Contract and be contracted with, sue and be sued,
except an ordinance authorizing the city to enter into such contracts with the
state and federal government for the purpose of receiving grant monies from
the same may be passed at the meeting of the council at which it is introduced
or later at the pleasure of the council.
Approved by vote of the people April 4, 1978.
(26) Assessment and collection of special assessments. Make and collect special
assessments on public or private property for public improvement, and provide
for enforcing the prompt payment thereof by any appropriate means.
(27) Enumeration of inhabitants. Provide for the enumeration of the inhabitants
of the city for any purpose whatever.
(28) Zoning regulations. Divide the city into districts and for each of such
districts impose regulations, restrictions, or prohibitions designed to promote
the public health, safety, convenience, comfort, morals, prosperity, or general
welfare, governing the erection of buildings and other structures and governing
premises to be used for trade, industry, residence, or other specified purposes;
designate the kinds of classes of trade, industries, residences, or other purposes
for which buildings or other structures or premises may be permitted to be erected,
constructed, reconstructed, altered, repaired or used; regulate and limit the
height and bulk of buildings and other structures; regulate building lines and
limit the percentage of lot occupancy; and regulate and limit the area of courts
and other spaces.
(29) Legislative power generally. Enact, adopt, and enforce all ordinances,
rules, and regulations; do all things, and exercise all governmental and municipal
authority necessary, needful, and convenient, contributing to, or bearing a
substantial relation to the full and complete exercise of all the powers in
this Charter enumerated.
(30) Cooperation with other governmental bodies. Cooperate, or join by contract
or otherwise with other cities, with counties, states, the United States, or
other governmental bodies, singly or jointly or in districts or associations
for promoting or carrying out any of the powers of the City, or for the acquisition,
construction, or operation of any property, works, plants or structures convenient
or necessary for carrying out any of the purposes or objects authorized by this
Charter.
(31) Regulate utility rates. Establish and enforce gas, electric, and public
transportation rates, and rates and charges for all other utilities owned and
operated, or services furnished, by the city; and establish or approve and enforce
all rates and charges of privately owned utilities operating within the city
not regulated by other public authority. All such rates and charges shall be
determined after a public hearing and in accordance with regularly established
procedures to be prescribed by ordinance.
(32) Incur debts. Incur debts by borrowing money or otherwise and give any appropriate
evidence thereof.
(33) Regulate water courses. Improve water courses and regulate the use thereof.
(34) Regulate poles, wires, etc. Direct, regulate, and control the location
and construction of all poles, wires, conduits, subways, pipe mains, or other
structures or erections of any kind in or under or over public streets, alleys,
highways or places in the city.
(35) Purchase property for delinquent taxes, etc. Provide for the purchase by
the city of property levied upon under execution or process in favor of the
city and of property when sold for delinquent taxes and assessments, and sell
and convey the same.
(36) Care of sick, insane, neglected or delinquent children, etc. Provide for
the support, maintenance, and care of the sick, aged, or insane poor persons
and neglected or delinquent children; and provide for the punishment of parents,
guardians, or custodians for neglect of children.
(37) Operation, etc., of eleemosynary institutions, etc. Acquire, operate and
maintain charitable, educational, comfort, recreative, curative, corrective,
detentive, penal and other institutions, departments, functions, facilities,
instrumentalities, conveniences, and services.
(38) Employment of personnel. Provide for the employment of all personnel necessary
to carry on the function of all departments and agencies of the city.
(39) Limitation of the power to tax real property. In the event a city sales
tax is adopted for general municipal purposes in the City of Springfield in
an amount of 7/8 of one percent or more, the authority of the city council to
tax real property for municipal purposes at a rate of one dollar on one hundred
dollars assessed valuation under provisions of Article X, Section 11(b) of the
Constitution of the State of Missouri 1945, as amended, shall be limited by
this Charter Section to an amount not to exceed fifty cents ($.50) on one hundred
dollars assessed valuation, provided, however, this limitation shall not be
effective until the first calendar year after the calendar year in which the
City has adopted the sales tax.
Approved by vote of the people April 4, 1978.