Article XII

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Transitional Provisions

Section 12.1 Personnel system.

An employee holding a city position at the time this charter takes full effect, who was serving in the same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system established by ordinance pursuant to this charter.

Section 12.2. Ordinances to remain in force.

All ordinances, regulations and resolutions in force at the time this charter takes effect, which are not necessarily inconsistent with the provisions of this charter, shall remain and be in force until modified or repealed by or under the authority of this charter.

Section 12.3. Pending actions and proceedings.

No action or proceeding, civil or criminal, pending at the time this charter shall take effect, brought by or against the city or any office, department, agency or officer thereof, shall be affected or abated by the adoption of this charter or by anything herein contained.

Section 12.4. Continuance of contracts, public improvements and taxes.

All contracts entered into by the city, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws. All taxes and assessments levied or assessed, all fines and penalties imposed, and all other obligations owing to the city which are uncollected at the time this charter becomes effective, shall continue in full force and effect and shall be collected as if no change had been made.

Article XIII:
Schedule

Section 13. 1. Election to adopt charter.

This charter shall be submitted to a vote of the electors of the City of Kirkwood at the general election to be held on the first Tuesday of April, 1983. The election shall be administered by the officials now charged with the responsibility for the conduct of city elections.

Section 13.2. First election.

At the time of its adoption, this charter shall be in effect to the extent necessary in order that the first election of members to the city council may be conducted in accordance with the provisions of this charter. The election to be held shall be held the first Tuesday in April, 1984. At the first election under this charter, a Mayor and six Council Members shall be elected. The three persons elected Council Members who shall receive the highest number of votes shall serve for a term of four years. The other three persons elected Council Members shall serve for a term of two years. In the event that there is a tie vote which is significant to this determination, the persons who receive the same number of votes shall determine by lot who shall serve four and two-year terms.

Section 13.3. Time of taking full effect.

This charter shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected city council.

Section 13.4. Incumbent members of the city council; first meeting of newly elected council.

All members of the city council in office at the date this charter is adopted shall continue in office until after the election held on the first Tuesday in April, 1984, and shall within one week thereafter, canvass the returns of said election, declare the results thereof, and induct into office the Council Members and Mayor elected. Thereupon the newly elected members of the council shall forthwith become the official governing body of the city and shall conduct the first meeting of the newly elected city council.

Section 13.5. Acting Chief Administrative Officer.

Upon the effective date of this charter, the person then holding the office of Administrative Director/City Clerk shall be designated the Acting Chief Administrative Officer and shall have all of the powers and duties of such office until the council acting under this charter shall appoint a person to such office.

Section 13.6. Temporary ordinances.

At its first meeting or at any meeting held within 60 days thereafter, the city council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would likely cause serious hardship or impairment of effective city government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in a form and manner prescribed for ordinances generally. A temporary ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced. A temporary ordinance shall become effective upon adoption or at such later time preceding its automatic repeal under this section as it may specify, and the referendum power shall not extend to any such ordinance. Each temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the 91st day following the date on which it was adopted, and it shall not be readopted, renewed, or otherwise continued except by adoption in the manner prescribed in this charter for permanent ordinances of such type.

Section 13.7. Purpose of schedule.

The purpose of the foregoing provisions is to provide a transition from the present government of the City of Kirkwood, Missouri to the new government provided for in this charter and to inaugurate the new government under the provisions of this charter. These provisions shall constitute a part of this charter only to the extent and for the time required to accomplish such result.

Authentication

The undersigned, constituting members of the Charter Commission of the City of Kirkwood, Missouri, do hereby certify that the foregoing document is the proposed charter for the City of Kirkwood, prepared and approved by such Commission for submission to the voters of the City of Kirkwood at an election to be held on April 5, 1983.

Dated this 15th day of December, 1982.

Bruce E. Woodruff, Chairman
Lois W. Bliss, Vice-Chairman
Arlan E. Dohrmann, Secretary
Richard J. Barr
Thomas A. Gibbs
John P. DeGarmo
William L. Hayse
Robert A. Dennis
Herbert S. Jones
Phyllis L. Evans
Bette B. Miller
Neil S. Ewing
Gary P. Reim

Please note:
Actual signatures are on file at Kirkwood City Hall,
139 South Kirkwood Road.