Chapter 2

ADMINISTRATION*

Art. I. General Provisions, §§ 2‑1—2‑22

Art. II. City Council, §§ 2‑23—2‑102

Div. 1. Generally, 2‑23—2‑43

Div. 2. Meetings and Rules of Procedure, §§ 2‑44—2‑72

Div. 3. Ordinances, §§ 2-73—2-102

Art. III. Mayor, §§ 2‑103—2‑125

Div. 1. Generally, §§ 2‑103—2‑120

Div. 2. Deputy Mayor, §§ 2‑121—2‑125

Art. IV. Other Officials, §§ 2‑126—2‑294

Div. 1. Generally, §§ 2‑126—2‑146

Div. 2. Qualifications, §§ 2‑147—2‑165

Div. 3. Chief Administrative Officer, §§ 2‑166—2‑180

Div. 4. City Clerk, §§ 2‑181—2‑202

Div. 5. City Comptroller, §§ 2‑203—2‑211

Div. 6. City Treasurer, §§ 2‑212—2-220

Div. 7. Municipal Judge, §§ 2-221—2‑227

Div. 8. City Attorney, §§ 2‑228—2‑249

Div. 9. City Engineer, §§ 2‑250—2‑270

Div. 10. Building Commissioner, §§ 2‑271—2‑283

Div. 11. Health Commissioner, §§ 2‑284‑ 2‑294

Art. V. Fiscal Management, §§ 2‑295—2‑370

Div. 1. Generally, §§ 2‑295—2‑321

Div. 2. City Comptroller, §§ 2‑322—2‑344

Div. 3. City Treasurer, §§ 2‑345—2‑370

Art. VI. Purchasing, §§ 2‑371—2-497

Div. 1. Generally, §§ 2‑371—2‑397

Div. 2. Director of Purchasing, §§ 2‑398—2‑419

Div. 3. Formal Purchasing and Sales Procedures, §§ 2‑420—2‑442

Div. 4. Informal Purchasing and Sales Procedures, §§ 2‑443—2‑464

Div. 5. Open Market Procedure, §§ 2‑465—2‑474

Div. 6. Purchases and Sales of Less Than One Thousand Dollars, §§ 2‑475—2‑481

Div. 7. Policy and Procedure for the Procurement of Architectural Engineering

Land Surveying Services, and Other Professional Services, §§ 2‑482—2‑497

Art. VII. Boards and Commissions, §§ 2-498—2‑580

Div. 1. Generally, §§ 2‑498—2‑517

Div. 2. Planning and Zoning Commission, §§ 2‑518‑2‑530

Div. 3. Architectural Review Board, §§ 2‑531—2‑559

Div. 4. Reserved, §§ 2‑560—2‑564

Div. 5. Finance Committee, §§ 2‑565—2‑568

Div. 6. Kirkwood Urban Forestry Commission, §§ 2‑569—2‑580

Art. VIII. Main Street Market, §§ 2‑581—2‑587

ARTICLE I. GENERAL PROVISIONS

Sec. 2‑1. Free public library established; administration generally.

A free public library and reading room is hereby established in the city, which shall be governed by a board of nine (9) directors, in accordance with the provisions of sections 182.140 to 182.280, inclusive, of the Revised Statutes of Missouri. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑2. Personnel ordinances continued.

All ordinances of the city establishing a civil service system and prescribing the duties, rights and compensation of city personnel, including all pension ordinances, are hereby expressly saved from repeal, and are continued in full force and effect. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑3. Merit system.

All appointments and promotions of city officers and employees shall be on the basis of merit and fitness demonstrated by examination or other evidence of competence. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2-4. Prohibitions.

(a) Activities prohibited.

(1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, sex, age, physical handicap, political or religious opinions or affiliations.

(2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of the city Charter or the ordinances, rules, and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, ordinances, rules and regulations.

(3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with such person's test, appointment, proposed appointment, promotion or proposed promotion.

(b) Penalties. Any person who is convicted of violating any of the provisions set forth in section 2‑4(a) shall be deemed guilty of a misdemeanor and shall be subject to fine, imprisonment, or both, as provided for in section 1‑8. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑5. Conflicts of interest; Personal financial interest; Disclosure reports.

(a) All elected and appointed officials as well as employees of the city must comply with the applicable provisions of Section 105.450 through 105.498 of Missouri Revised Statutes on conflicts of interest as well as any other state law governing official conduct.

(b) Any city officer, board member, council member, commission member or employee who has a substantial financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city, shall make known that interest and shall refrain from voting upon or otherwise participating as a city officer, board member, council member, commission member or employee in the making of such contract. Any person who is a city officer, board member, council member, commission member or employee who willfully conceals such a substantial financial interest or willfully violates the requirements of this subsection (b) shall be guilty of malfeasance in office or position and shall forfeit such person's office or position. Violation of this subsection (b) with the knowledge, express or implied, of the person or corporation contracting with or making a sale to the city hall render the contract or sale voidable by the chief administrative officer or the city council.

(c) Any member of the governing body of the city who has a "substantial or private interest" in any measure, bill, order or ordinance proposed or pending before such governing body must disclose that interest to the city clerk and such disclosure shall be recorded in the appropriate journal of the city. For the purposes of this Section, substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of: (1) 10% or more of any business entity; or (2) an interest having a value of $10,000 or more; or (3) the receipt of a salary, gratuity, or other compensation or remuneration of $5,000 or more, per year from any individual, partnership, organization, or association within any calendar year.

(d) Each elected official, the chief administrative officer, the chief purchasing officer as identified in Section 105.483(11) of the Missouri Revised Statutes, and the full‑time general counsel, if any, shall disclose the following information by May 1 if any such transactions occurred during the previous calendar year:

(1) For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars, if any, that such person had with the city, other than compensation received as an employee or payment of any tax, fee or penalty due to the city, and other than transfers for no consideration to the city.

(2) The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars, if any, that any business entity in which such person had a substantial interest, had with the city, other than payment of any tax, fee or penalty due to the city or transactions involving payment for providing utility service to the city, and other than transfers for no consideration to the city.

(3) The chief administrative officer and the chief purchasing officer also shall disclose by May 1 for the previous calendar year the following information:

a. The name and address of each of the employers of such person from whom income of one thousand dollars or more was received during the year covered by the statement;

b. The name and address of each sole proprietorship that he owned, the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was partner or participant; the name and address of each partner or coparticipant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent (10%) or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent (2%) or more of any class of outstanding stock, limited partnership units or other equity interests;

c. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.

(e) The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year;

(1) Every person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member of the city council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.

(2) Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment.

Financial disclosure reports giving the financial information required in subsection (e) shall be filed with the city clerk and the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.

(Ord. No. 7497, §1, 3‑13‑86; Ord. No. 8079, §1, 9‑5‑91; Ord. No. 8445, §1, 8-17-95)

Sec. 2‑6. Political activity.

No city employee shall solicit any contribution for the campaign fund of any candidate for Kirkwood city office or take part in the political campaign of any candidate for Kirkwood city office. All employees may exercise their rights as private citizens to express opinions and, if a registered voter in Kirkwood, sign a nominating petition for any city candidate and vote in any city election. Political affiliation, participation or contribution shall not be considered in making any city employment decision. No city officer, employee or member of a board or commission shall use official authority or official influence for the purpose of interfering with or affecting the result of an election to or nomination for Kirkwood city office. No city officer, employee or member of a board or commission shall, directly or indirectly, coerce, attempt to coerce, command, advise, or solicit a city employee to pay, lend, or contribute anything of value to a party, committee, organization, agency or person for political or electoral purposes. (Ord. No. 7497, §1, 3‑13‑86)

Secs. 2‑7—2‑22. Reserved.

ARTICLE II. CITY COUNCIL

DIVISION 1. GENERALLY

Sec. 2‑23. Composition.

The city council shall consist of seven (7) members: the mayor and six (6) council members. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑24. Eligibility.

Only registered voters of the city shall be eligible to be elected as council members. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑25. Election, terms, limitations.

(a) The council members shall be nominated and elected at large by the qualified voters of this city.

(b) Nominating Petitions for each candidate shall be filed with the City Clerk and the order of receipt of such petitions shall determine the placement of the names of the candidates on ballot. If more than one candidate appears at the city clerk’s office prior to or at 8:00 a.m. on the first day for filing nominating petitions, the names of those candidates will be randomly drawn by the City Clerk to determine placement of the names on the ballot. The names of all other candidates shall appear on the ballot in the order in which the candidates filed petitions for nominations.

(c) At each regular election of the city, council members shall be elected to fill the positions of those whose terms expire and shall be elected for four‑year terms. In the event a council member is being elected to replace a council member who vacated office prior to the expiration of such council member's term, however, the elected council member shall serve for the remainder of the unexpired term. If in the same election council members are to be elected to serve full terms and council members are to be elected to serve unexpired terms, the person elected who receives the least number of votes shall serve the unexpired term. If more than one council member is to be elected to unexpired terms at such election, then such terms shall be filled in order, with the person elected receiving the least number of votes to serve the shortest term, the person receiving the next least number of votes the next longest term, until all unexpired terms are filled.

(d) There shall be no limit to the number of terms a council member may serve on the city council; provided, however that no person shall be eligible to be elected to more than two (2) consecutive four‑year terms as a council member. (Ord. No. 7497, §1, 3‑13‑86)

(Ord. No. 8778, §§1-2, 12-17-98)

Sec. 2‑26. Compensation, expenses.

(a) Council members shall each receive as compensation the sum of two hundred dollars ($200.00) per month. This provision shall remain in effect unless otherwise changed by ordinance as provided herein.

(b) The city council may from time to time determine the compensation of council members by ordinance, but no increase in such compensation shall become effective until the commencement of the terms of council members elected at the next regular city election held at least six (6) months after the approval of such ordinance, and provided that the compensation of any council member shall not be increased during the term of office of such council member.

(c) In addition to their compensation, council members may receive reimbursement for their actual and necessary expenses incurred in the fulfillment of their office, provided that such expenses are supported by appropriate documentation. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑27. Powers generally.

The city council shall have the care, management and control of the city and its finances, and shall have the power to enact and ordain any and all ordinances that 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. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑28. Powers vested.

All powers of the city shall be vested in the council unless specifically provided otherwise in this Code or the city Charter. The council shall provide for the exercise of these powers and for the performance of all duties and obligations imposed on the city by law. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑29. Prohibitions generally.

(a) Holding other office. Except where otherwise authorized by law or pursuant to an agreement between the city and another governmental entity, no member of the city council shall hold any other city office or employment while serving as a member of the city council. No former member of the city council shall hold any compensated, appointed city office or employment until one (1) year after the expiration of the term for which such member was elected.

(b) Appointments removals. The city council and its members shall not direct the employment or removal of any city employee or officer who is employed or appointed under the authority of the chief administrative officer. Members of the council may express their views to the chief administrative officer regarding any matter pertaining to city employees or officers.

(c) Interference with administration prohibited. The city council and its members shall only deal with city employees and officers who are under the direction and supervision of the chief administrative officer through the chief administrative officer. The council and its members shall not give orders to such city employees or officers publicly or privately. Any violation of this prohibition shall be deemed a violation of an express prohibition of city charter section 3.5(b)(ii). (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑30. Depositions admitted before council.

Depositions taken under, and governed by, the provisions and rules of law relating to depositions in courts of law may be read on behalf of the city or of any defendant, in any matter pending before the council, in the same manner as in courts of law. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑31. Vacancies, forfeiture of office.

(a) Vacancies. The office of a council member shall become vacant upon death, resignation, removal from office in a manner authorized by law, or forfeiture of office.

(b) Forfeiture of office. A council member shall forfeit office if such council member:

(1) Lacks at any time during the term of office any qualification for the office prescribed by this Code or the Charter or law;

(2) Violates any express prohibition of this Code or the Charter;

(3) Is convicted of a crime involving moral turpitude or a felony;

(4) Is in default to the city; or

(5) Fails to attend three (3) consecutive regular meetings of the council without being excused by the council. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑32. Filling vacancies in office of council members.

A vacancy in the office of council member shall be filled by the council by a majority vote of all its remaining members for a period running to the next regular election unless such period would exceed one (1) year from the date of the vacancy, in which event the council shall provide for a special election to fill such vacancy for the unexpired term. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑33. Judge of qualifications of council members, grounds for forfeiture.

The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture. A member charged by the council with conduct constituting grounds for forfeiture of office shall be furnished with a written document from the council setting forth such charges. Such member may demand a public hearing before the council. The council shall have the power to issue subpoenas to compel the testimony of witnesses and the production of evidence, and it may administer oaths. The council shall subpoena such witnesses and evidence as may also be requested by the member whose forfeiture is under review at such hearing. Any person who willfully fails to comply with a subpoena issued hereunder shall be guilty of a misdemeanor subject to penalty as provided by ordinance. Decisions made by the council under this provision shall be subject to review by the appropriate court as provided by law. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑34. Investigations.

The city council may make investigations into the affairs of the city. In the event the council determines to conduct a formal investigation, it may do so only upon the vote of a majority of the council then in office setting forth with particularity the nature of the investigation. In the event the council undertakes a formal investigation, it may conduct hearings, issue subpoenas to compel the testimony of witnesses and production of evidence, and it may administer oaths. All such hearings shall be public. Any person who willfully fails to comply with a subpoena issued hereunder shall be subject to penalty as provided for in section 1‑8. (Ord. No. 7497, §1, 3‑13‑86)

Secs. 2‑35—2‑43. Reserved.

DIVISION 2. MEETINGS AND RULES OF PROCEDURE

Sec. 2‑44. Regular meetings.

The first meeting of the council after each general municipal election shall be held as provided by law. Thereafter, the council shall hold regular monthly meetings at least once each month at such time and place as the council may prescribe by rule. The council may also hold additional regular meetings at such time and place as the council may prescribe by rule. Notice of such regular meetings shall be posted at the city hall.

Sec. 2‑45. Meetings generally.

All meetings of the council shall be public meetings unless such meetings may be closed pursuant to law. Unless otherwise provided by law, no action of the council shall take effect unless the motion for action and the vote by which it is disposed of shall take place at proceedings open to the public. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑46. Special and emergency meetings; manner and time for giving notice.

Special or emergency meetings of the council may be called from time to time to be held at the place and at the time designated in the special or emergency call. The mayor may, or at the request of at least three (3) members of the council shall, call a special meeting of the council for a time not earlier than twenty-four (24) hours after notice is given to all members of the council then in the city. Emergency meetings of the council may also be held at any time by the consent of five‑sevenths (5/7) of all the members of the council, and such consent may be given either prior to or during the emergency meeting. Notice of special or emergency meetings may be given either in writing or verbally. The notice shall set the time, purpose and general object of the meeting. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑47. Rules, journals.

The council shall determine its own rules and order of business. It shall cause a journal of its proceedings to be maintained and this journal shall be open to public inspection. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑48. Quorum; absent members.

A majority (four (4) members) of the council shall constitute a quorum for the transaction of business. If at any meeting of the council a quorum is not present, the meeting shall stand adjourned until the next regular, special or emergency meeting; however, any two (2) members of the council may have a call of the council and send for and compel the attendance of any absent member of the council in the manner and subject to the penalties prescribed by the rules of the council. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑49. Calling meeting to order.

At the time prescribed for a meeting of the council, or to which it may have been adjourned, the mayor shall call the members of the council to order and, a quorum being present, shall proceed with the order of business. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑50. Order of business.

At each regular or special meeting of the council, the order of business shall be as follows, unless otherwise provided by motion of the council:

(1) Roll call of members, announcement of a quorum.

(2) Proclamations.

(3) Public hearings.

(4) Remarks of visitors who have requested time to speak in advance of the meeting. Remarks shall be limited to three (3) minutes on any one subject unless time is extended by the council.

(5) Review of minutes of previous meeting.

(6) Old business.

(7) New business.

(8) Report of city attorney.

(9) Report of chief administrative officer.

(10) Comments by members of the council.

(Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑51. Determination of questions of order; parliamentary rules adopted.

The Mayor shall preserve decorum and order, may speak to points of order in preference to other members of the council and shall decide all questions of order, subject to an appeal of the council. If such appeal is seconded, then no other business shall be in order until the question on the appeal is decided. All questions of parliamentary procedure not provided for in this article shall be governed by Robert's Rules of Order. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑52. Manner of stating motions.

The mayor shall propound all questions in the order in which they are moved, unless the subsequent motion shall be previous in its nature; however, in naming sums and fixing times, the largest sum and longest time shall be first put. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑53. Motions which may be made while question is under debate; order of precedence.

(a) When a question is under debate, the Mayor shall receive no motion but:

(1) To adjourn.

(2) To lay on the table.

(3) For the previous question.

(4) To postpone to a certain time.

(5) To commit.

(6) To amend.

(7) To postpone indefinitely.

(b) The several motions shall have precedence in the order in which they are arranged in subsection (a), and the first three (3) shall be decided without debate.

(Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑54. Manner of raising the previous question; voting procedure.

The previous question shall be put in the following form, "Shall the main question be now put?," and all further amendments or debate upon the main question shall be suspended until the previous question shall be decided. After the adoption of the previous question, the vote of the council shall forthwith be taken upon all pending amendments in their regular order, and then upon the main question. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑55. Vote of members required; exceptions.

The mayor and each council member present when a question is put, when not excluded by private interest, shall give their vote, unless the council shall, by vote, excuse a member of the council, but no member shall be permitted to vote on any question or serve on any committee where their private interest is immediately concerned, distinct from that of the public. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑56. Voting.

Voting shall be by roll call except on procedural motions, and the ayes and nays shall be recorded in the journal. Roll call votes shall be taken in the order as prescribed by rule of the council. Except as otherwise required by law, the affirmative vote of a majority of the entire council then in office shall be necessary to adopt any ordinance or resolution. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑57. Motions to reconsider vote; when allowed; who may make motion.

After a vote of the council has been taken upon any question, it shall be in order for any member voting in the majority to move a reconsideration thereof at the same meeting or at the succeeding meeting, unless the subject of the vote shall have passed out of the custody of the council; not more than one (1) motion for the reconsideration of any vote shall be entertained. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑58. When motions shall be reduced to writing.

Each motion shall be reduced to writing if the mayor directs, or if any council member requests it. (Ord. No. 7497, §1, 3‑13‑86)

Secs. 2‑59—2‑72. Reserved.

DIVISION 3. ORDINANCES

Sec. 2‑73. To be introduced as bills; vote required for passage.

No ordinance shall be passed except by bill, and every bill shall be numbered consecutively. No bill shall become an ordinance unless, on its final passage, a majority of the members of the council shall vote therefor, and the ayes and nays be entered on the journal, or as otherwise provided in this article. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑74. Bill to be read; time before passage; emergency ordinances.

(a) Every proposed ordinance shall be read by title in an open council meeting at last twice before final passage, and at least one (1) week shall elapse between its first reading and final passage. A copy of each proposed ordinance shall be provided for each council member at the time, of its introduction, and after it is introduced, copies of such proposed ordinance shall be available for public inspection in the office of the city clerk. The council shall provide by its rules the opportunity for, persons interested in any proposed ordinance to be heard before the council. If the council adopts an amendment to a proposed ordinance which constitutes a change in substance, the proposed ordinance as amended shall be placed on file for public inspection in the office of the city clerk for one (1) additional week prior to its final passage.

(b) Notwithstanding the foregoing, an ordinance may be passed as an emergency measure on the day of its introduction if necessary for the immediate preservation of the public peace, health or safety and if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the vote of five‑sevenths (5/7) of the members of the council. An ordinance granting, reviewing or extending a franchise shall not be passed as an emergency ordinance. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑75. Franchises.

The granting of franchises, the right of regulation, the issuance of temporary, revocable permits, and the effect of any operation beyond the franchise period are set forth in Article IX of the charter. (Ord. No. 7497, §1, 3‑13-86)

Sec. 2‑76. Not to be revived or reenacted by reference.

No ordinance shall be revived or reenacted by mere reference to the title thereof, but it shall be set forth at length as if it were an original ordinance. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑77. Date of introduction of bill; record.

Whenever any bill shall be introduced in the council, the city clerk shall endorse on the bill the date of its introduction, and shall note in the record the introduction of the bill, stating its number and title. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑78. Amendments to bills; procedure.

All amendments to any bill shall be in writing, and shall be spread upon the record, and if adopted, shall be numbered and attached to the original bill and preserved therewith. If the bill shall pass, the city clerk shall make out a copy thereof, making such changes therein as shall be necessary to show the bill as amended and passed, and the copy, certified by the city clerk, shall be authenticated by the mayor; however, if no amendments or alterations are made in a bill, the original bill may be authenticated. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑79. Form of ordinances.

(a) All ordinances shall have a title indicative of the nature and object thereof, and the enacting clause of all ordinances shall be: "Be It Ordained by the Council of The City of Kirkwood...".

(b) The enacting clause of all ordinances submitted by initiative shall be: "Be It ordained By, the People of The City of Kirkwood...".

(c) No ordinance, except those making appropriations of money and those codifying or revising existing ordinances, shall contain more than one (1) subject, which shall be clearly expressed in its title. An ordinance which appropriates funds may contain subjects relating to such appropriation.

(Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑80. Adopted ordinances and resolutions to be consecutively numbered and filed.

The original of each ordinance which has passed by the council, and has become a law as provided in this article, and all resolutions adopted by the council, shall be consecutively numbered, and as soon as practicable after their approval or adoption, shall be filed in consecutive order in the archives of the city, and be kept for convenient reference. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑81. Authentication, recording of ordinances and resolutions; indexing; ordinance book.

All ordinances and resolutions adopted by the council shall be authenticated by the signature of the mayor and city clerk. It shall be the duty of the city clerk, as soon as practicable after the adjournment of any meeting of the council, to see that the original ordinances and resolutions passed at the meeting are filed as provided in this division, and the city clerk shall make a written index of the subject of each ordinance or resolution, its number and date of passage or of its becoming a law. The city clerk shall keep the originals of all ordinances and resolutions in a volume kept for that purpose, and the city clerk shall preserve the volume, properly bound, safely in the city offices. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑82. Effective date of ordinances.

Every adopted ordinance subject to referendum shall become effective at the expiration of thirty (30) days after adoption or at any later date specified in such ordinance. All other ordinances shall become effective upon adoption or at any later date specified in the ordinance. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2-83. Revision of ordinances.

All ordinances and resolutions of the city of a general and permanent nature shall be codified and promulgated according to a system of continuous numbering and revision as specified by ordinance. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑84. Initiative, referendum.

The registered voters of the city shall have the initiative power and the referendum power as set forth and regulated by Article VIII of the city Charter. (Ord. No. 7497, §1, 3-13‑86)

Sec. 2‑85. Proof of ordinance.

Any ordinance may be proved by a copy thereof certified by the city clerk under the seal of the city, or when printed and published by authority of the city. It shall be received in evidence in all courts, or other places, without further proof of authenticity. (Ord. No. 7497, §1, 3‑13‑86)

Secs. 2‑86—2‑102. Reserved.

ARTICLE III. MAYOR

DIVISION 1. GENERALLY

Sec. 2‑103. Eligibility.

Only registered voters of the city shall be eligible to be elected to the office of mayor. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑104. Election and term.

The mayor shall be elected at regular elections of the city for a term of four (4) years. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑105. Member of council.

The mayor shall be a voting member of the city council. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑106. Limitation on terms.

There shall be no limit to the number of times a person may serve as mayor; provided, however, that no person shall be eligible to be elected to more than two (2) consecutive four‑year terms as mayor. (Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑107. Compensation and expenses.

(a) The first mayor elected hereunder shall receive as compensation the sum of three hundred dollars ($300.00) per month.

This provision shall remain in effect unless otherwise changed by ordinance as provided herein.

(b) After the first council election hereunder, the council may from time to time determine the compensation of the mayor by ordinance, but no increase in such compensation shall become effective until the commencement of the term of the mayor elected at the next regular city election held at least six (6) months after the approval of such ordinance.

(c) In addition to compensation, the mayor may receive reimbursement for actual and necessary expenses incurred in the fulfillment of that office, provided that such expenses are supported by appropriate documentation.

(Ord. No. 7497, §1, 3‑13‑86)

Sec. 2‑108. Additional duties.

In addition to being a member of the city council the mayor shall:

(1) Preside as chairman of meetings of the city council.

(2) Call special meetings of the city council as provided by the city Charter or this Code.

(3) Be deemed the head of city government for legal, ceremonial and military purposes.

(4) Execute all bills, resolutions, contracts and documents on behalf of the city.

(5) Preside as chairman when the council reviews the performance of the chief administrative officer.

(6) Place in nomination for consideration of the city council nominees for the positions of, the city attorney, municipal judge, city clerk, and members of all boards, commissions and committees of the city. The council, by ordinance, may also provide for such nominations to be made by its other members.

(7) Have the authority to request written reports and opinions from the city attorney.