Article IX

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Franchises

Section 9.1. Granting of franchises.

All public utility franchises and franchises for the use of public streets, alleys, bridges, easements, and public places, and all extensions and amendments thereof shall be granted only by ordinance. No ordinance shall be adopted within thirty (30) days after the application for the franchise has been filed with the council and a public hearing held thereon. No franchise shall be transferred directly or indirectly, except with the approval of the council by ordinance after a public hearing. Notice of all public hearings conducted hereunder shall be given at least fifteen (15) days prior to such hearing by publishing such notice at least once in a newspaper of general circulation within the city. No franchise shall be granted for a term in excess of twenty (20) years.

Section 9.2. Right of regulation.

All franchises, whether provided in the ordinance or not, shall be subject to the right of the council to:

(a) Repeal for misuse, nonuse, or noncompliance with the ordinance.

(b) Require proper and adequate extension of plant and service and the maintenance thereof at the highest practicable standards of efficiency.

(c) Establish reasonable standards of service and quality of products; prevent unjust discrimination in service or rates.

(d) Make an independent audit and examination of accounts at any time and require independently audited reports annually.

(e) Require continuous and uninterrupted service to the public in accordance with the terms of the franchise.

(f) Control and regulate the use of city streets, alleys, bridges, easements, and public places, and the space above and beneath them.

(g) Regulate rates, fares and charges to the extent such regulation is permitted by law.

(h) Impose such other regulations from time to time as it may determine to be required for the public safety and general welfare.

Section 9.3. Revocable permits.

Temporary permits for the operation of public services utilizing public streets, alleys, bridges, easements, and public places for a period not to exceed two years may be granted by the city council by ordinance without public hearing. Such permit shall be subject to amendment, alteration or revocation at any time at the will of the council whether so provided in the ordinance or not. Any permit granted hereunder shall in no event be construed to be a franchise, or an extension or amendment of a franchise.

Section 9.4. Operation beyond franchise.

Any operation under a franchise with the tacit permission of the city, beyond the period for which the franchise was granted, shall under no circumstances be construed as a renewal or extension of the franchise. Any such operation shall be regarded as a temporary permit, subject, like other permits to amendment, alteration, or revocation at any time at the will of the council.

Article X:

Licensing, Taxation, and Regulation of Businesses,
Occupations, Professions, Vocations and Other Activities

Section 10.1. Objects of licensing, taxation, and regulation.

The council shall have power by ordinance to license, tax, and regulate all businesses, occupations, professions, vocations, activities, or things whatsoever set forth and enumerated by the statutes of this state now or hereafter applicable to constitutional charter cities, or cities of any class, or of any population group, and which any such cities are now or may hereafter be permitted by law to license, tax, and regulate.

Article XI:
General Provisions

Section 11.1. Personal financial interest.

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 and who willfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit such person's office or position. Violation of this section with the knowledge expressed or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the Chief Administrative Officer or the city council.

Section 11.2. 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 a private citizen 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.

Section 11.3. Prohibitions.

(a) Activities prohibited.

(i) 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, political or religious opinions or affiliations.

(ii) 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 this 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.

(iii) 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 paragraph 11.3(a) shall be deemed guilty of a misdemeanor and shall be subject to fine, imprisonment or both as may be provided by ordinance.

Section 11.4. Official bonds.

All officers and employees of the city who receive, disburse, or are responsible for city funds, and such other officers and employees as the council by ordinance may designate, shall, within such time after election or appointment as may be fixed by ordinance, and before entering upon the discharge of their duties, give bond to the city in such sums and with such sureties as shall be prescribed by ordinance, and subject to approval by the council, conditioned upon the faithful and proper performance of their duties and for the, prompt accounting for and paying over to the city of all moneys belonging to the city that may come into their hands. The city shall pay the premiums on all such bonds.

Section 11.5. Charter amendments.

Amendments to this charter may be framed and submitted to the electors by a commission in the manner provided by law and the Constitution of Missouri for framing and submitting a complete charter. Amendments may also be proposed by ordinance of the council or by petition of not less than ten percent of the registered qualified electors of the city, filed with the City Clerk, setting forth the proposed amendment. The council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors at the next election held in the city not less than sixty days after its passage, or at a special election held as provided by law and the Constitution of Missouri for a charter. Any amendment approved by a majority of the qualified electors voting thereon shall become a part of the charter at the time and under the conditions fixed in the amendment; sections or articles may be submitted separately or in the alternative and determined as provided by law and the Constitution of Missouri for a complete charter.

Section 11.6. Public improvements and special assessments.

(a) Improvements.

The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance, consistent with applicable state law.

(b) Special assessments.

The procedure for levying, collecting and enforcing the payment of special assessments for public improvements or special tax bills evidencing such assessments shall be governed by general ordinance, consistent with applicable state law.

Section 11.7. 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.

Section 11.8. Separability.

If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstances is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby.