Prior to the adoption of Ord. Passed by voters; 4-6-10; Propositions 2-6 on 04/06/2010, Section 99-01 read as follows.


PART I  CHARTER*

----------
     *Editor's note--The home rule charter of the city is set out in this Part as revised and readopted on November 11, 1974. Other amendments are noted in history notes following amended sections.
----------

     Preamble

Art. I. Incorporation; Form of Government; Powers; Wards, §§ 1--4

Art. II. The Council, §§ 5--18

Art. III. The City Manager, §§ 19--21

Art. IV. Administrative Service, §§ 22--24

Art. V. Department of Finance, §§ 25--52

Art. VI. Department of Personnel, §§ 53--64

Art. VII. Department of Law, §§ 65--68

Art. VIII. Department of Public Works, §§ 69, 70

Art. IX. Public Improvements, §§ 71--88

Art. X. Franchises, §§ 89--93

Art. XI. Planning and Zoning, §§ 94--98

Art. XII. Department of Water and Light, §§ 99--103

Art. XIII. Health Officer; Health Board, §§ 104--107

Art. XIV. Department of Parks and Recreation, §§ 108--113

Art. XV. The Municipal Court, §§ 114--118

Art. XVI. Nominations and Elections, §§ 119--126

Art. XVII. Initiative, Referendum and Recall, §§ 127--141

Art. XVIII. General Provisions, §§ 142--166

PREAMBLE
    We, the citizens of the City of Columbia, Missouri, in order to secure the benefits of constitutional home rule under the Constitution of the State of Missouri, maintain a democratic form of government, establish the basic governmental structure of the City, maintain an economical city manager form of city administration, provide for full publicity and openness in the conduct of affairs of city government, public meetings and records, provide for equality of citizenship for all Columbians, and promote the common welfare, do ordain and establish this HOME RULE CHARTER FOR THE CITY OF COLUMBIA, MISSOURI.

ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS; WARDS

Section 1. Incorporation.

    The inhabitants of the City of Columbia, within the corporate limits as now established, or as hereafter established in the manner then provided by law, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the City of Columbia.

(Ord. No. 13412, § 1, 8-17-92; passed by voters November 3, 1992)

Sections 1.1--1.6. Repealed by Ord. No. 13412, § 1, 8-17-92; passed by the voters on November 3, 1992.

Section 2. Form of Government.

    The municipal government provided by this charter shall be known as the "council-manager government." Pursuant to the provisions of this charter and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council, hereafter referred to as "the council," which shall enact local legislation, adopt budgets, determine policies, and appoint the city manager, who shall execute the laws and administer the government of the city.

Section 3. Powers of the City.

    The city shall have all powers which the general assembly of the State of Missouri has authority to confer upon any city, provided such powers are consistent with the Constitution of this state and are not limited or denied by this charter or by statute. The city shall, in addition to its home rule powers, have all powers conferred by law.

    The powers of the city shall be liberally construed. The specific mention of a particular power in this charter shall not be construed as limiting the powers of the city.

(11-11-74)

Section 4. Wards.

    The city shall be divided into (6) wards, the boundaries of which shall be established by ordinance. Wards shall comprise compact and contiguous territory and contain, as nearly a possible, an equal number of inhabitants. Ward boundaries shall be reviewed and revised from time to time, as may be necessary to maintain as nearly as possible an equal number of inhabitants in each ward.

(3-7-72)

ARTICLE II. THE COUNCIL

Section 5. Number and Term.

    The council shall consist of seven (7) members, each of whom shall be elected for a term of three (3) years and shall serve until a successor shall be elected and qualified, except as otherwise provided herein. One of the seven (7) council members shall be elected by the qualified voters of the city at large and shall be the mayor. The other six (6) council members shall be elected, one from each ward, by the qualified voters thereof. The terms of the council members shall be staggered in such a manner that two (2) of the council members shall be elected each year, provided that the council member-at-large shall be elected every third year as hereinafter provided.

    Prior to the effective date of this section, a lottery shall be conducted in a manner established by ordinance to determine which council members by ward are to be elected for one-, two- and three-year terms, such foreshortened terms being established for the purpose of staggering terms thereafter. The council member-at-large shall be elected to a three-year term. The elections conducted at the effective date of this ordinance shall provide for the respective one-, two- and three-year terms. Each council member thereafter elected shall be elected to a full three-year term unless sooner removed in accordance with the other provisions herein. The effective date of this section shall be April 5, 1983.

(Passed by voters April 7, 1981; Ord. No. 15113, § 1, 1-16-97)

Section 6. Qualifications.

    A council member shall be a qualified and registered voter of the city. The six (6) council members elected by wards shall be residents and qualified voters of the respective wards from which they are elected. Council members shall hold no other lucrative public office nor any lucrative position in the city government during their terms as council members. If a council member shall cease to possess the above qualifications or shall be convicted of a crime involving moral turpitude, the council member's office shall immediately become vacant.

(Passed 1-20-75, effective 4-7-75; Ord. No. 15113, § 1, 1-16-97)

Section 7. Salary.

    Council members shall receive no salary, but they shall be reimbursed for necessary expenses incurred in their capacity as council members.

(Ord. No. 15113, § 1, 1-16-97)

Section 8. 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 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.

(Ord. No. 16744, § 1, 4-3-01)

Section 9. Vacancies.

    Every vacancy in any elective office shall be filled by the council for a period running to the next regular election, unless such period exceeds one year. In the latter case, the council shall make provision for a special election.

Section 10. Mayor.

    The council member elected at large shall be the mayor, but shall have no regular administrative duties. The council member-at-large 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. The council member-at-large 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 council members a mayor "pro tempore," who shall act as mayor during the absence or disability of the mayor. If a vacancy should occur, the mayor "pro tempore" shall become mayor for the completion of the unexpired term unless that term is for a period exceeding one year.

(Ord. No. 15113, § 1, 1-16-97)

Section 11. 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 to perform the duties provided in this Charter. No council member shall receive such appointment during the term for which the council member shall have been elected or within one year after the expiration of the term. The appointment of the city manager shall be for an indefinite term, at the pleasure of the council.

(11-11-74; Ord. No. 15113, § 1, 1-16-97)

Section 12. Prohibiting Interference.

    Neither the council nor any of its members shall direct or request the appointment of any person to, or the removal of any person from office by the city manager or any of the manager's subordinates, nor 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, or as 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. The office of any council member violating the provisions of this section shall be forfeited.

(Ord. No. 15113, § 1, 1-16-97)

Section 13. City Clerk.

    The council shall elect an officer who shall have the title of city clerk. The clerk shall keep the journal of its proceedings, and authenticate all ordinances and resolutions and record them in full in a book kept for that purpose. The clerk 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.
(Ord. No. 15113, § 1, 1-16-97)

Section 14. Meetings.

    The council shall meet regularly at such times as prescribed by its rules, but not less frequently than once each month. Written agendas shall be distributed, in the chambers where the council regularly meets, prior to each regular meeting of the council. No action by the council shall have legal effect unless the motion for the action and the vote by which it is disposed of take place at proceedings open to the public.

(11-11-74; Ord. No. 16744, § 1, 4-3-01)

Section 15. Legislative Proceedings.

    A. In the transaction of legislative business, the council shall act by ordinance, and the following procedure shall be used: Every ordinance shall be by bill, which shall be in written or printed form, and the enacting clause shall be: "Be It Ordained by the Council of the City of Columbia." No bill, except those making appropriations and those codifying or rearranging existing ordinances, shall relate to more than one subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject matter of the appropriation. All bills shall be read by title or council bill numbers three (3) times before passage, not more than two (2) of which readings shall be at the same legislative session; and at least one week shall elapse between introduction and final passage of any bill, except in the area of an emergency bill.

    B. An ordinance may be passed as an emergency measure on the day of the introduction of the bill, provided that it contain[s] the statement that an emergency exists and specify [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 city government.

    4.    Calling an election or providing for the submission of a proposal to the people.

The vote of six-sevenths of the members of the council shall be required to pass an ordinance as an emergency measure.

    C. Every bill introduced shall be filed with the city clerk on the day of its first reading and shall remain on file in the clerk's 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 third reading of any bill and compliance with the other provisions herein, the council may finally pass the bill with or without amendment; except that if 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 a further public hearing, after which final action may be taken thereon.

     D. An ordinance, when passed by the council, shall be signed by the presiding officer and attested by the city clerk; 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 as provided in Article XVII of this charter. Unless otherwise specified, every ordinance shall become effective twenty (20) 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 certification of the election authority that it has received the favorable vote of a majority of those voting thereon.

(11-11-74; Ord. No. 15113, § 1, 1-16-97; Ord. No. 16744, § 1, 4-3-01)

Section 16. 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 17. Annual Audit.

    An independent financial 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 qualified public accountant who is experienced in municipal accounting. 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.

(Passed 1-20-75, effective 4-7-75)

Section 18. Powers.

    Except as this charter provides otherwise, all powers of the city shall be vested in the council. 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.

(11-11-74)

ARTICLE III. THE CITY MANAGER

Section 19. Qualifications; Term of Office.

     The city manager shall be chosen by the council on the basis of executive and administrative qualifications with special reference to experience in, and knowledge of, city manager work. The manager may or may not be a resident of the city or the state at the time of selection, but shall reside within the city while serving as city manager. The manager shall be appointed for an indefinite term, subject to removal as herein provided, and shall devote full time to the duties of the office. The manager shall designate one of the department directors or an assistant city manager to perform the duties of the city manager in event of the manager's absence or disability; if the manager should fail to do so, the council shall make such designation.

(4-4-49; Ord. No. 15113, § 1, 1-16-97; Ord. No. 20528, §1, passed by voters 04-06-10 )

Section 20. Compensation.

    The city manager shall receive such compensation as may be fixed by ordinance.

(4-4-49)

Section 21. Powers and Duties.

    The city manager shall be the chief executive and administrative officer of the city and shall be responsible to the council for the proper administration of all of the city's affairs. To that end the manager shall have power and be required to:

    1.    Appoint and, when necessary for the good of the service, remove all officers and employees of the city, except as otherwise provided in the charter, and except as the manager may authorize the head of a department or office to appoint subordinates in such department or office.

    2.    Prepare and submit to the council a statement of policy recommendations for programs and priorities which, in the opinion of the city manager, will be of benefit to the city. This statement shall be submitted not less than one hundred twenty (120) days nor more than one hundred eighty (180) days prior to the last day for the adoption of the budget.

    3.    Prepare the budget annually and submit it to the council and be responsible for its administration after adoption.

    4.    Prepare and submit to the council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the year.

    5.    Keep the council advised of the financial condition of the city and make recommendations concerning its future needs.

    6.    Attend all meetings of the council and its committees, except when the council may be considering the manager's removal. The manager shall have the right to take part in discussions, but shall have no power to vote. The manager shall receive notice of all special meetings.

    7.    Enforce all laws and ordinances and see that all contracts and franchises are faithfully performed.

    8.    Perform such other duties as may be prescribed by this charter or required of the manager by the council, not inconsistent with this charter.

(Effective 4-7-75; Ord. No. 15113, § 1, 1-16-97)

ARTICLE IV. ADMINISTRATIVE SERVICE

Section 22. Administrative Organization.

    The council shall adopt by ordinance an administrative code providing a complete plan of organization and structure for the city government. The administrative code may authorize the city manager to promulgate regulations dealing with questions of organization and structure. The administrative code and any regulations promulgated pursuant thereto shall be consistent with this charter. Unless otherwise required by law, all boards and commissions provided for in the administrative code shall be appointed by the council.

(11-11-74)

Section 23. Personnel System.

    The council shall adopt by ordinance a personnel code providing a comprehensive personnel system for city officers and employees. The personnel code shall provide that all appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness. The personnel code may authorize the city manager or a personnel board, if one be established, to promulgate regulations dealing with personnel matters. The personnel code and any regulations promulgated pursuant thereto shall be consistent with this charter.

(11-11-74)

Section 24. (Repealed 11-11-74)

ARTICLE V. DEPARTMENT OF FINANCE

Section 25. (Repealed 11-11-74)

Section 26. (Repealed 11-11-74)

Section 27. Separate Utilities Accounts.

    The accounts of all utilities owned and operated and all activities performed by the city and dependent for their revenues upon the sale of their products or charge for their services shall be kept separate and distinct from all other accounts of the city, and shall contain proportionate charges for all services performed by other departments for such utilities and activities as well as proportionate credits for all services rendered.

Section 28. (Repealed 11-11-74)

Section 29. Purchase Procedure.

    Before the city makes any purchase or contract, or lets any contract for improvements, there shall be given ample opportunity for competitive bidding, subject to such exceptions as the council, upon recommendation of the city manager, may prescribe by ordinance or resolution.

Section 30. (Repealed 11-11-74)

Section 31. (Repealed 11-11-74)

Section 32. Representation of Board of Equalization.

    For the purpose of giving the City of Columbia representation on the county board of equalization when said board is sitting for the purpose of equalizing the assessment of property in the city, such officials of the city as may be provided by law, shall sit with the county board of equalization, shall have a vote on said board, and shall be paid for such services as may be provided for by law.

(4-4-67)

     State law reference(s)--Board of equalization, RSMo 138.015.

Section 33. Fiscal Year.

    The fiscal year of the City of Columbia, unless otherwise provided by ordinance, shall begin on the first day of January and shall end on the last day of December of each calendar year. The fiscal year shall constitute the budget and accounting year. As used in this charter, the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered.

Section 34. Tentative Budget.

    The city manager, at least two (2) weeks before the council undertakes to set the tax rate for the next fiscal year, shall prepare and submit to the city a tentative budget in sufficient detail to enable said council to appraise the needs of the city for the next budget year. The council shall then set a tax rate upon all taxable property in an amount sufficient to produce the revenue needed.

Section 35. Final Budget and Budget Message.

    The city manager, at least sixty (60) days prior to the beginning of each budget year, or at such time in each year as shall be fixed by the council, shall submit to the council a final budget with an explanatory message. For the purpose of preparing this budget and explanatory message, the city manager shall secure from the head of each office, department or agency who shall supply the same, detailed estimates of revenue and expenditures of that office, department or agency. The city manager shall also secure an estimate of all capital projects pending and those which it is recommended should be undertaken (a) within the budget year, and (b) within the next five (5) succeeding years. In preparing the budget, the city manager shall review and may revise the estimates, as the manager may deem necessary.

    The budget shall provide a complete financial plan for the budget year. It shall include the following:

    1.    An itemized statement of estimated revenues from all sources for the year which the budget is to cover, together with a comparative statement of revenues for the last completed fiscal year and the year in progress.

    2.    An itemized statement of proposed expenditures recommended by the city manager for each office, department, or agency for the year which the budget is to cover, together with a comparative statement of expenditures for the last completed fiscal year and the year in progress.

    3.    A statement of the amount required for the payment of interest, amortization and redemption charges on the debt of the city.

    4.    Provision for contingent expense in an amount not to exceed five (5) per cent of the total operating expenditures proposed under item (2) above.

    5.    A general budget summary.

    6.    Such other information as the city manager may deem essential, or as may be required by ordinance or by law.

    The budget message shall be in full and a complete explanation of the proposed budget, including reasons for any major changes from the preceding year. Expenditures proposed in the budget for each department, office or agency shall be itemized by character, object, function, activity and fund. The classification of revenue and expenditure accounts shall conform as nearly as local conditions permit to established and recognized standards of accounting. In no event shall the total amount of the proposed expenditures exceed the estimated income of the city.

(Ord. No. 15113, § 1, 1-16-97)

Section 36. Budget a Public Record.

    The budget and budget message and all supporting schedules, exhibits and other explanatory materials, shall be a public record in the office of the city clerk, open to public inspection. The city manager shall cause sufficient copies of the budget and the budget message to be prepared for distribution to interested persons.

Section 37. Public Hearing [on Budget.]

    At the meeting of the council at which the budget is submitted, the council shall determine the place and time of the public hearing on the budget. The council shall cause to be published a notice of the time and place of the hearing at least seven (7) days before the hearing is to be held. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard.

Section 38. Adoption of the Budget.

    After the conclusion of such public hearing or hearings, the council may insert new items or may increase or decrease the various items of the budget, except for specified fixed expenditures. If it shall increase the total proposed expenditures, the council shall also increase the total anticipated revenue to at least equal such total proposed expenditures. The budget shall be adopted by the favorable vote of not less than a majority of the entire council, not later than the last Monday of the month preceding the first month of the budget year for which the budget is intended. Should the council take no final action on or prior to that date, the budget as submitted shall be effective without council action.

Section 39. Effective Date [of Budget]; Certification; Copies.

    Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by the city manager and city clerk and filed in the office of the city clerk. The budget so certified shall be printed, mimeographed, or otherwise reproduced, and sufficient copies thereof shall be made available for the use of all offices, departments and agencies of the city and for the use of interested citizens and civic organizations.

Section 40. Appropriations.

    From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, departments, or agencies for the various functions and activities specified in the budget.

Section 41. Expenditures Limited to Budget.
    All allowable claims against the city shall be approved for payment by the department or agency head, by the director of finance, and by the city manager. Any such official who shall approve any claim for payment for which there is not a sufficient unencumbered balance in the fund or appropriation, or which is in any way contrary to the provisions of this charter, or law, or ordinance, shall be personally liable and liable on the official's bond for the amount thereof, and may be removed from office.

(Ord. No. 15113, § 1, 1-16-97)

Section 42. Contracts.

    No contract or order purporting to impose any financial obligation on the city shall be executed, nor shall the same be valid and binding upon the city, unless it be in writing, and unless the director of finance shall first certify in writing thereon that such contract or order is within the purpose of the appropriation to which it is to be charged and that there is an unencumbered balance to the credit of such appropriation sufficient to pay therefor.

Section 43. Tax Rates and Tax Rolls.

    The city council shall by ordinance set the tax rates to be levied on the various classes of property as assessed by the assessor, and the levy so established shall be certified by the city clerk to the director of finance who shall compute the taxes and extend the same upon the tax rolls received from the assessor. The director of finance shall, on or before November 1 of each year, unless otherwise provided by the council, deliver the tax rolls so extended to the collector, taking receipt therefor and charging the collector with the amount of the taxes.

(Ord. No. 15113, § 1, 1-16-97)

Section 44. Transfer of Unexpended Appropriations.

     The city manager, upon the recommendation of the department or agency head, may transfer any unencumbered appropriation balance or portion thereof from one classification of expenditure to another within an office, department or agency, and such transfer shall be reported to the city council at the next meeting. At the request of the city manager and within the last six (6) months of the fiscal year, the council may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. No transfer shall be made of specified fixed appropriations.

(4-4-67 ; Ord. No. 20529, §1, passed by voters 04-06-10 )

Section 45. General Provisions.

    1. No contract for the acquisition of any property or the construction of any improvement which is to be financed by bond shall be executed until the issuance of such bonds shall have been duly authorized.

    2. The council, upon recommendation of the city manager, may make emergency appropriations to meet the pressing need for public expenditures for other than a regular or recurring requirement to protect the public health, safety or welfare. The total amount of all emergency appropriations made in any fiscal year shall not exceed five (5) per cent of the total operating appropriation made in the budget for that year.

    3. The council may by ordinance authorize the director of finance to borrow money to meet the cash requirements of any fund in anticipation of the receipts from revenues for the current fiscal year. The aggregate amount of such loans shall not exceed the estimated cash receipts of said fund for the fiscal year then outstanding and uncollected. Such loans shall be repaid from revenues received during the fiscal year in which the loans are made. Such loans shall be due and payable not later than the last day of the fiscal year in which the loans are made. An affirmative vote of at least five-sevenths (5/7) of all members of the council shall be required to pass such ordinance. Such ordinance shall take effect immediately upon passage and shall not be subject to the referendum.

    4. All fees, charges and commissions for city services, and all money in the form of rentals, payments for concessions, or other charges for the use or occupancy of city property received by any officer or employee, and all interest on public deposits shall belong to the city government, shall be regularly accounted for, and shall be paid to the city treasury under such regulations as may be prescribed by the director of finance.

    5. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered.

(11-7-78; 4-2-85)

Section 46. Incurring Indebtedness.

    The city may incur indebtedness and issue its negotiable bonds in evidence thereof for any purpose which may be authorized hereunder, or for any purpose which may be authorized now or hereafter by the laws of the State of Missouri to any municipality.

Section 47. Specific Purposes [of Bonds].

    Some of the purposes, hereby specifically authorized, for which the bonds of the city may be issued, sold, pledged or disposed of on the credit of the city, or solely upon the credit of specific property owned by the city, or solely upon the credit of income derived from property used in connection with any public utility owned or operated by the city, or upon any two (2) or more such credits, shall be:

    1.    The acquiring of land; the purchase, construction, reconstruction, repairs and improvement upon or extension of the following: water systems, including lakes and reservoirs; public sewers, sewage disposal plants; buildings and equipment for the police and fire departments; other public buildings and equipment therefor; facilities and equipment for the collection or disposal of garbage and refuse; bridges, viaducts, subways, tunnels, railroads, street railroads, bus lines; terminals for bus, air and railroad travel and their equipment; warehouses, public market facilities, airports, and equipment therefor; street lighting systems, gas or electric utility systems, heating and power plants, telephone and telegraph systems, facilities for radio broadcasting and reception; off-street parking facilities, or any other public utility or equipment therefor; public housing, hospitals, orphan homes, industrial schools, jails, workhouses, and other charitable, correctional or penal institutions and equipment therefor; golf courses, swimming pools and other recreational facilities and their equipment; parks, parkways, streets, boulevards, grounds or any other public improvement.

    2.    The paying, refunding or renewing of any bonds issued by the city, whether general obligation bonds or revenue bonds, and the establishment of a local improvement fund to be used for the purpose of paying cash for local improvements, such fund to be replenished from time to time by the payment into it of the proceeds of special assessments made on account of such local improvements.
    The foregoing enumeration shall not be construed to limit any general provision of this charter authorizing the city to borrow money or issue and dispose of bonds, and such general provisions shall be construed according to the full force and effect of their language, as if no specific purposes had been mentioned; and the authority to issue such bonds for any purpose aforesaid is cumulative and shall not be construed to impair any authority to make any public improvements under any provision of this charter or of any law.

Section 48. Vote Required for Issuance of Bonds.

    No bonds shall be issued without the assent of the requisite number of qualified electors of the city voting thereon, as may be required by the Constitution or statutes of the State of Missouri, at an election held for that purpose.

(11-11-74)

Section 49. Conduct of Election.

    Notice of any such election shall be given, and such election shall be held, conducted and the returns thereof made, canvassed and declared in the manner provided by ordinance and by the laws and Constitution of the State of Missouri.

Section 50. Debt Statement.

    Prior to the adoption of an ordinance calling or providing for the holding of an election at which any question of incurring indebtedness shall be submitted, the director of finance shall prepare, swear to, and file for public inspection in the office of the city clerk, a special debt statement which shall set forth:

    1.    The aggregate principal amount of all outstanding bonds and notes of the city.

    2.    Deductions, if any, permitted by the constitution and general laws.

    3.    The amount of existing net indebtedness.

    4.    The amount of net indebtedness after the issuance of the bonds authorized by such bond ordinance.

    5.    The assessed valuation of taxable tangible property within the city as shown by the last completed assessment for state and county purposes.

    6.    The aggregate principal amount of bonds and notes which the city may issue pursuant to law.

    This debt statement, after approval by a majority of the council, shall be published with the notice of the bond election and shall be presumed to be accurate.

Section 51. Sale of Bonds.

    A. All bonds issued under this charter shall be sold in the manner provided by ordinance and by the laws and Constitution of the State of Missouri.

    B. In those instances where the sale of bonds shall be had by public sale, sale shall be upon sealed proposals after notice published at least once in a newspaper published in Columbia, Missouri, such publication to be made at least ten (10) days prior to the date of sale. The director of finance shall mail notices by direct mail to all parties and financial institutions who in the director's opinion may be interested in the purchase of such bonds.

(11-7-78; Ord. No. 15113, § 1, 1-16-97)

Section 52. Issuance of Refunding Bonds.

    The city may issue refunding bonds for the purpose of refunding, extending or unifying the whole or any part of its valid outstanding revenue bonds. The council shall determine the amount of such refunding bonds and shall provide for the payment of interest and principal of such refunding bonds in any manner and upon such terms which are not prohibited by the Constitution or laws of the State of Missouri.

(4-2-85)

ARTICLE VI. DEPARTMENT OF PERSONNEL

Sections 53 through 64, inclusive, (Repealed 11-11-74)

ARTICLE VII. DEPARTMENT OF LAW

Section 65. City Counselor; Appointment, Qualifications, Duties.

    There shall be a department of law, the director of which shall be known as the city counselor. The city counselor shall be appointed by the city manager by and with the consent of the council, and may only be removed by the city manager with the advice and consent of the council. The city counselor shall have been a duly licensed attorney of the State of Missouri for at least three (3) years immediately prior to appointment, and shall have been actively engaged in the practice of law during such three (3) years. The city counselor shall direct the management of all litigation in which the city is a party or is interested. The city counselor shall, in person, or by assistant counselors, represent the city in all legal matters and proceedings in which the city is a party or interested, advise the council or any committee or member thereof, and the city manager and heads of all departments, boards, commissions and offices concerning any legal questions affecting the city's interest. The city counselor or the city counselor's assistants, shall approve, as to form, all contracts, deeds, bonds and other documents to be signed in the name of or made to or with the city. The city counselor and the city counselor's assistants shall perform such other duties as the council may by ordinance or resolution require. The city counselor shall, in accordance with the rules and regulations of the personnel department, appoint such number of assistant city counselors as may be authorized by ordinance. One or more of said assistant city counselors as may be designated by the city counselor, shall represent the city in all cases brought before the municipal court, and do and perform such other legal duties as may be assigned by the city counselor from time to time. Said assistant city counselors shall be duly licensed attorneys of the State of Missouri. Said assistant city counselors may be removed by the city counselor with the advice and consent of the city manager.

(4-4-67; Ord. No. 15113, § 1, 1-16-97)

Section 66. (Repealed 4-4-67)

Section 67. (Repealed 4-4-67)

Section 68. Special Counsel.

    Nothing in this article shall prevent the council from employing special or additional legal counsel.

ARTICLE VIII. DEPARTMENT OF PUBLIC WORKS

Section 69. (Repealed 11-11-74)

Section 70. (Repealed 11-11-74)

ARTICLE IX. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS

Section 71. Public Improvements.

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

Section 72. 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.

(EDITOR'S NOTE:  Article IX, consisting of Sections 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87 and 88 were repealed by Ord. No. 16745 on 4-3-01.)

ARTICLE X. FRANCHISES

Section 89. Granting of Franchises.

    All public utility franchises and all renewals, extensions and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted within less than thirty (30) days after application therefor has been filed with the council, nor until a full public hearing has been held thereon. No such ordinance shall become effective until it has been submitted to the electors and has been approved by a majority voting thereon.

    No ordinance shall be submitted at an election less than sixty (60) days after the grantee named therein has filed its unconditional acceptance of such franchise, and it shall not be submitted to a special election unless the expense of holding the election, as determined by the council, shall have been paid into the city treasury by the grantee. No exclusive franchises shall ever be granted, and no franchise shall be granted for a longer term than twenty (20) years. No such franchise shall be transferable, directly or indirectly, except with the approval of the council expressed by ordinance after a full public hearing.

Section 90. Right of Regulation.

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

    1.    Repeal the same for misuse or nonuse, or for failure to comply therewith.

    2.    Require proper and adequate extension of plant and service and the maintenance thereof at the highest practicable standard of efficiency.

    3.    Establish reasonable standards of service and quality of products, and prevent unjust discrimination in service or rates.

    4.    Make independent audit and examination of accounts at any time, and require reports annually.

    5.    Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof.

    6.    Control and regulate the use of the city streets, alleys, bridges and public places, and the space above and beneath them.

    7.    Regulate rates, fares and charges and make readjustments thereof from time to time if the same are not regulated by the state.

    8.    Impose such other regulations from time to time as it may determine to be conducive to the safety, welfare and accommodation of the public.

Section 91. Purchases; Condemnation.

    The city shall have the right to acquire by condemnation or otherwise the property of any public utility in accordance with the general laws of the state, provided that the price to be paid shall in no event include any value predicated upon the franchise, goodwill or prospective profits.

Section 92. Revocable Permits.

    Temporary permits for the operation of public utilities, or like permits for a period not to exceed two (2) years but subject to being renewed and subject to amendment, alteration or revocation at any time at the will of the council, may be granted only by ordinance on such terms and conditions as the council shall determine; provided that such permits shall in no event be construed to be franchises, or extensions or amendments of franchises.

Section 93. Operation Beyond Franchise Period.

    Any operation of a public utility by a franchise holder, 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 such franchise. Any such operation shall at most be regarded as a mere temporary permit, subject, like other permits, to amendment, alteration or revocation at any time at the will of the council.

Section 94. Exclusion of Cable Television System.

    Cable television systems shall not constitute public utility franchises within the meaning of this Article X, and Article X shall not apply to cable television systems.

(Passed by voters 11-6-84)

ARTICLE XI. PLANNING AND ZONING

Sections 95 through 98, inclusive. (Repealed 11-11-74)

ARTICLE XII. DEPARTMENT OF WATER AND LIGHT

Section 99. Appointment and Qualifications of Director.

     The city manager shall select the director of the water and light department, who shall be an engineer registered under the laws of Missouri, trained and experienced in the operation and management of public utilities, and qualified to perform the duties required of the director by this charter and ordinances of the city.

(Ord. No. 15113, § 1, 1-16-97 ; Ord. No. 20530, §1, passed by voters 04-06-10 )

Section 100. Powers and Duties.

    The director of the water and light department shall serve as the operating engineer of the water and light plants and shall have charge of:

    1.    The physical properties of the water and light plants, all of the distribution systems thereof, filtration plants, reservoirs, wells, generating plants and other facilities directly connected therewith; and all plants, properties, equipment and appliances incident to or connected with the operation of the water and light department, whether within or without the city.

    2.    The designing, construction, reconstruction, addition, repair, replacement, maintenance, supervision and operation of the water and light plants, physical properties, buildings and distribution systems; and street lighting system and equipment, except as provided in item 6, Section 70 of this charter.

    3.    The mechanical and engineering work of the department.

    4.    Meter readings, a list or copy of which shall be furnished to the director of finance.

    5.    The enforcement of all rules, regulations, methods and practices prescribed by the council governing the furnishing and measurement of the water and light services, including the authority to cut off any service for nonpayment, or for nonmaintenance of equipment connected with the main supply, or noncompliance upon the part of any customer with ordinances, rules and regulations relating to the department.

    6.    The records of location, direction, depth and connections of all underground facilities and equipment of the department.

    The director of the department, shall perform such other duties not herein specifically set out as may be required by the city manager, by this Charter, by law or by ordinance.

    The director and employees of the department shall have authority in the necessary discharge of their duties to enter upon any lands, properties or premises within or without the city for the examination or survey thereof, or for the purpose of repairing, inspecting, removing or connecting the service, reading meters, or any other purpose whatsoever in connection with the water and light service.

(Ord. No. 15113, § 1, 1-16-97)

     Editor's note--Section 70, referred to in this section has been repealed.

Section 101. Restriction on Sale of Water and Light Property.

    The city shall not sell, lease, or in any manner dispose of the water and light plants or systems or any properties or equipment used in supplying water or light, unless and except the proposition for such purpose shall first have been approved at a special election by a two-thirds majority of those voting thereon. The provisions of this section shall not apply to the sale or exchange of any equipment which may be worn out or unless, or which could, with advantage to the service, be replaced by new or improved machinery or equipment.

Section 102. Rates and Finances.

    The city council shall from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for water and electricity and water and electric service furnished by or through the water and electric light works of the city as will produce revenues sufficient to pay the cost of operation and the maintenance of said works in good repair and working order; to pay the principal of and interest on all revenue bonds of the city payable from the revenues of said works; to provide and maintain an adequate depreciation fund for the purpose of making renewals and replacements; to provide a fund for the extension, improvement, enlargement and betterment of said works; to pay the interest on and principal of any general obligation bonds issued by the city to extend or improve said works; and to pay into the general revenue fund of the city annually an amount substantially equivalent to that sum which would be paid in taxes if the water and electric light works were privately owned. Such revenues so produced shall be devoted to the purposes so enumerated. The provisions hereof shall be subject at all times to the performance by the city of all covenants and agreements made by it in connection with the issuance, sale or delivery of any revenue bonds of the city payable out of the revenues derived by the city from the operation of its water and electric light works, whether such revenue bonds be heretofore or hereafter issued.

    In the fixing of such rates and charges it shall be the policy of the council, so far as feasible and consistent with the above requirements, to fix and maintain the same at a level not to exceed charges made for the same services by privately owned utilities similarly situated.

    Payments from the revenues of said water and electric light works shall be made into the depreciation fund monthly in such amounts as may be required by standard engineering and accounting practices applicable to the operation of utilities by municipalities. Said depreciation fund shall be expended only for making renewals and replacements of said water and electric light works or making unusual and extraordinary repairs thereto.

    Payments into the fund established for the making of extensions, improvements, enlargements and betterments of said works shall be made monthly in such sums as may be determined by the council, subject to the provisions of the next succeeding paragraph relating to surplus, and such fund shall be expended only for the purposes specified. Said depreciation fund and the fund established for the making of extensions, improvements, enlargements and betterments shall be kept invested as provided by law, or, in the discretion of the council, in bonds, certificates or other obligations of the United States of America.

    If any surplus revenue be produced from the operation of said water and electric light works after meeting all of the requirements set forth above, there shall be paid into the fund established for the making of extensions, improvements, enlargements and betterments of said works not less than twenty (20) percent of such surplus, or an amount which, together with payments made into such fund under the above requirements, shall equal twenty (20) percent of said surplus. Provided, however, that such fund may be used for the redemption of any outstanding bonds issued by the city for the same purposes, and for the meeting of any extraordinary emergencies that may arise in the operation of said water and electric light works; and, provided further, that said payment from surplus shall not be required to be made cumulative on and in addition to the requirement in Section 7 of the Revenue Bond Ordinance of April 19, 1948, for the retention of twenty-five (25) percent of the surplus for extension, improvement and bond redemption purposes, so long as any of the revenue bonds of the city dated May 1, 1948, remain outstanding. The remainder of any surplus shall be paid into the general revenue fund of the city and budgeted like other revenues of the city for any proper municipal purpose, and expended through the regular appropriation process; or such surplus may, in the discretion of the council, be made the basis for reduction of rates in the future.

  Section 103. Water and Light Advisory Board.

    The water and light advisory board shall consist of five (5) members appointed by the council. Appointment shall be made for terms of four (4) years. Appointments to fill vacancies shall be for unexpired terms only.

    Members shall be qualified voters and residents of the City of Columbia for at least one year prior to their appointment. They shall be sympathetic with the principal of municipal operation of the water and light system and with the policies set forth in this article to ensure the sound and efficient management of said system. The board shall elect annually its own chairman. Members shall serve without pay, but their reasonable expenses shall be paid as provided by ordinance.

    The powers of the board shall be solely advisory. It shall be empowered to visit and to inspect the operation of the water and light system, to have access to all financial and other records pertaining to said system, and to require from any city department or officer any information available concerning the same. The board shall report at least annually its findings and recommendations to the people and to the council.

(Ord. No. 14362 § 1, 2-6-95; passed by voters April 4, 1995)

ARTICLE XIII. HEALTH OFFICER; HEALTH BOARD

Sections 104 through 107, inclusive. (Repealed 11-11-74)

ARTICLE XIV. DEPARTMENT OF PARKS AND RECREATION

Sections 108 through 111, inclusive. (Repealed 11-11-74)

Section 112. Revenues.

    For the acquisition, maintenance and development of adequate recreational facilities, and for the proper promotion of a recreational program, the city manager shall include in the manager's budget an amount estimated by the manager to be sufficient for said purposes.

(Ord. No. 15113, § 1, 1-16-97)

Section 113. Permanent Park Fund.

    There shall be a permanent park fund which shall consist of: gifts, bequests and devises specified for this purpose; rents, issues and profits derived from any property which may have been purchased or held in trust by or for the City of Columbia for recreational purposes; and the proceeds of the sale of any such property, real, personal or mixed, so purchased or held in trust. Moneys in this permanent park fund shall be appropriated, expended or encumbered only for parks and other recreational property or facilities.

(4-4-67)

ARTICLE XV. THE MUNICIPAL COURT

Section 114. Municipal Court; Jurisdiction and Powers.

    There shall be a municipal court which shall have jurisdiction to hear and determine all cases involving violations of this charter or of the ordinances of the city, subject to appeal by either party to the circuit court in like manner as provided by law for appeals from magistrate court in Boone County in criminal cases. Such court may punish contempts of court by fine not exceeding fifty dollars ($50.00) or by imprisonment not exceeding ten (10) days, or both; may enforce its process, orders and judgments in the same manner as a court of record; may issue search warrants as authorized by law upon application of the city counselor, city attorney or chief of police; may summon and compel the attendance of witnesses; may administer oaths; may summon and compel the attendance of jurors, when a jury is allowed; may pass upon the competency of evidence; and may render final judgment on any forfeited bond or recognizance returnable to such court, subject to appeal, as in other cases.

Section 115. Judge of Municipal Court.

    The municipal court shall be presided over by a municipal judge to be selected by the council, a majority vote of all members being required for selection. The judge shall have been a resident of the City of Columbia for at least two (2) years, and a duly licensed attorney for the State of Missouri for at least three (3) years prior to selection. The municipal judge shall be selected for a term of four (4) years and shall serve until a successor is selected and qualified. The judge may be removed from office for cause. If removal is contemplated, the judge shall be suspended by a resolution which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the municipal judge. The municipal judge shall have fifteen (15) days in which to reply thereto in writing, and, upon the judge's request, a public hearing shall occur not earlier than ten (10) days nor later than fifteen (15) days after such hearing is requested, and after full consideration, the council, by majority vote of its members, may adopt a final resolution of removal. In case of the judge's absence or inability to serve, the council may by resolution select a qualified attorney to act during such absence or disability and may provide reasonable compensation for such service. The municipal court shall be held in such place as the council by resolution may direct.

(4-7-75; Ord. No. 15113, § 1, 1-16-97)

Section 116. Salary; Costs and Fines.

    The municipal judge shall receive such compensation as may be fixed by ordinance. All costs, fines and forfeitures imposed by the municipal court, or collected under the authority thereof, and all other receipts so collected, shall be regularly accounted for and paid into the city treasury for the use and benefit of the city.

Section 117. Marshal.

    The chief of police and the chief's subordinates shall serve as marshal and deputy marshals of the municipal court and enforce its orders, judgments and decrees.

(Ord. No. 15113, § 1, 1-16-97)

Section 118. Proceedings.

    The forms of complaints and the conduct of all proceedings in the municipal court shall be as prescribed by law, or by ordinance not inconsistent with this charter.

ARTICLE XVI. NOMINATIONS AND ELECTIONS

Section 119. Time of Elections.

    A regular election for the choice of elective municipal officials shall be held annually on the first Tuesday after the first Monday in April. The council may by resolution order special elections, fix the time and provide for holding the same in conformance with state law.

(Passed by voters, April 7, 1981; Ord. No. 16744, § 1, 4-2-01)

Section 120. Regulation of Elections.

    The council shall provide by ordinance all regulations which it considers needful or desirable, not inconsistent with this charter or state laws, for the conduct of municipal elections, and the prevention of fraud in such election. Municipal elections shall be conducted by the election authority designated by state law.

(11-7-78; Ord. No. 16744, § 1, 4-3-01)

Section 121. When Election Authority May Order Election.

    If at any time, by reason of nonacceptance, resignation, refusal to qualify, or for any other cause, there shall be no officers of the city to order an election, the election authority having jurisdiction in the City of Columbia, is empowered to order and conduct an election for city officers, declare the results thereof, and install the newly elected officials.

(11-7-78; Ord. No. 16744, § 1, 4-3-01)

Section 122. Nominations by Petition.

    Nominations of candidates for all elective offices shall be by petition. Petitions for ward council members shall be signed by not less than fifty (50), nor more than seventy-five (75), registered voters who are entitled to vote for the candidate so nominated. Petitions for officials elected by the entire city shall be signed by not less than one hundred (100), nor more than one hundred fifty (150), registered voters of the city.

     No voter shall sign more than one nominating petition for the same office, and should a voter do so, the voter's signature shall be void except as to the petition first filed. This provision shall not be construed as preventing a voter from signing both a petition for council member from the voter's own ward and also for council member-at-large. Each signer of a petition shall designate the signer's residence by street and number or by other description sufficient to identify the signer's place of residence.   In order for a signature to be valid, it must be accompanied by the following information, legibly written:  the name of petitioner, the address of petitioner, and the date petitioner signed the petition.

     The signatures on the nominating petition need not all be appended to one paper, but each separate paper shall bear a statement setting forth the election date, the office to be filled, and the name of the candidate on whose behalf the petition is being filed. In addition, there shall be attached to each such paper a signed statement of the circulator thereof, stating the number of signers of such paper, that each signature appended thereto was made in the circulator's presence and is the genuine signature of the person whose name it purports to be and that the circulator believes each signer to be a legal voter. Nominating petitions shall be filed with the city clerk not earlier than 8:00 a.m. on the last Tuesday in October one hundred sixty-five (165) days before the election, nor later than 5:00 p.m. on the fourteenth five (5) days before the deadline set by state statute for notifying the election authority of an election. No nominating petition shall be accepted by the city clerk unless it contains the signed statement of the candidate accepting the nomination and agreeing to serve if elected. Nominating petitions shall be in substantially the following form:

     We, the undersigned registered voters of the City of Columbia, Missouri, respectfully petition and request that the name of ________, residing at ________, be placed upon the ballot as a candidate for the office of ________ to be voted for at the election to be held on ________, 20________ and we, individually, signify that our names have appeared on the roll of registered voters within the last year, and state that we are qualified to vote for this candidate:

Name    Street and Number    Date of Signing

(spaces for signatures and required data)

STATEMENT OF CIRCULATOR

The undersigned is the circulator of the foregoing paper containing ________ signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. I am a registered voter, qualified to vote for this candidate, and I believe each signer is a registered voter qualified to vote for this candidate.




____
Signature of Circulator
____
Address


ACCEPTANCE OF NOMINATION

I hereby accept the nomination for the office of ________ and agree to serve if elected.




____
Signature of Candidate


Date and hour of filing____

This petition is filed by____

Whose address is____

Received by    ____
Signature of City Clerk

     Within five (5) ten (10) days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be sufficient. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions a new or supplemental petition may be filed for the same candidate. The petition of each candidate nominated shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated.

(Ord. No. 15113, § 1, 1-16-97; Ord. No. 16744, § 1, 4-3-01 ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 123. Preparation of Ballots.

     The names of candidates for elective offices shall be printed on the ballot in order of the date time their nominating petitions, sufficiently signed and attested, were filed with the city clerk.

(11-7-78 ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 124. (Repealed 4-3-01)

Section 125. Returns.

    The candidate receiving the highest number of votes for each office shall be elected and shall be inducted into office at the first meeting of the council following the certification of the election authority in accordance with state law.

(Ord. No. 16744, § 1, 4-3-01)

Section 126. (Repealed 4-3-01)

ARTICLE XVII. INITIATIVE, REFERENDUM AND RECALL*

----------
     *Annotation--See 42 Am. Jur. 2d, Initiative and Referendum, Section 9 p. 658: "Where the required procedure for a particular ordinance involves steps such as notice and hearing, in addition to normal legislative deliberation, such an ordinance is not subject to initiative and referendum, International Telemeter Corp. v. City of Columbia.
----------

Section 127. Initiative.

     The electors voters shall have power to propose any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the council by a petition signed by qualified electors registered voters of the city equal in number to at least twenty (20) per cent of the number of votes cast for council member-at-large at the last regular municipal election, provided, that there be not less than four hundred (400) signatures.

(Ord. No. 15113, § 1, 1-16-97 ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 128. Referendum.

     The electors voters shall have power to approve or reject at the polls any ordinance passed by the council, or submitted by the council to a the vote rs  of the electors, excepting emergency ordinances as provided for in Section 15 of this charter, ordinances for the levying of taxes, or for the issuance of special tax bills, as provided in this charter, such power being known as the referendum. Ordinances submitted to the council by initiative petition and passed by the council shall be subject to the referendum in the same manner as other ordinances. Within twenty (20) days after the enactment by the council of any ordinance which is subject to referendum, a petition signed by qualified electors registered voters of the city equal in number to at least twenty-five (25) per cent of the number of votes cast for council member-at-large at the last municipal election may be filed with the city clerk, requesting that such ordinance be either repealed or submitted to a the vote rs of the electors; provided, however, that the number of signatures in such case be not less than five hundred (500).

(Ord. No. 15113, § 1, 1-16-97 ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 129. Petitions.

     All petition papers comprising an initiative or referendum petition shall be assembled and filed with the City Clerk as one instrument. Every petition paper shall contain the full text of the measure proposed or referred, but the signatures to the petition need not all be appended to one paper.   In order for a signature to be valid, it must be accompanied by the following information, legibly written:  the name of petitioner, the address of petitioner, and the date petitioner signed the petition.   Each signer, after the signer's name, shall designate the signer's residence by street and number, or other description sufficient to identify the signer's place of residence, and t T he circulator of each such paper shall make oath before an officer competent to administer oaths that the circulator believes each signature appended to the petition to be the genuine signature of the person whose name it purports to be, that the circulator believes each such signer to be a legal voter, and that all signatures were affixed in the presence of the circulator.

(Ord. No. 15113, § 1, 1-16-97 ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 130. Filing and Certification of Petitions.

     Within ten (10) thirty (30) days after a petition is filed, the city clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors registered voters . If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing examination of the petition, the city clerk shall certify the result thereof to the council at its next regular meeting. If the clerk shall certify that the petition is insufficient, the clerk shall set forth in the certificate the particulars in which it is defective and shall at once notify the person filing the petition of the insufficiency.

(Ord. No. 15113, § 1, 1-16-97 ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 131. Amended Petitions.

      An initiative or referendum petition may be amended at any time within ten (10) fourteen (14) days after the notification of insufficiency by filing a supplementary petition upon additional papers executed and filed as provided in case of an original petition. The city clerk shall, within five (5) thirty (30) days after such an amendment is filed, make examination of the amended petition; if the petition be is still insufficient, the clerk shall file a certificate to that effect in the clerk's office and notify the person filing the petition of the clerk's findings, and no further action shall be had on such insufficient petition. A finding of insufficiency in a petition shall not prejudice prevent the filing of a new petition for the same purpose.

(Ord. No. 15113, § 1, 1-16-97 ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 132. Effect of an Initiative Petition.

    When an initiative petition has been certified as sufficient, the council shall proceed at once to consider the proposed ordinance, taking final action thereon not later than thirty (30) days after certification.

     If the council shall fail to pass an ordinance in the form proposed by the initiative petition, such ordinance shall be submitted without alteration to the vote rs  of the electors of the city at the next election provided for by state law which is consistent with applicable notice provisions and available for municipal elections purposes. The enacting clause of such ordinance shall be: "Be it ordained by the people of the City of Columbia."

(Passed by election, April 7, 1981 ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 133. Effect of a Referendum Petition.

     When a referendum petition has been certified as sufficient, the ordinance specified in the petition shall not become effective, or, if it shall have gone into effect, further action thereunder shall be suspended until the ordinance referred has been approved by the electors voters as hereinafter provided. The council shall proceed forthwith to reconsider the referred ordinance, and its final vote upon such reconsideration shall be taken within thirty (30) days after certification and shall be upon the question: "Shall the ordinance specified in the referendum petition be repealed?"

     If the council shall fail to repeal an ordinance specified in any referendum petition, such repeal ordinance shall be submitted without alteration to the vote rs  of the electors of the city at the next election provided for by state law which is consistent with applicable notice provisions and available for municipal elections purposes.

(Passed 11-4-80 election ; Ord. No. 20531, §1, passed by voters 04-06-10 )

Section 134. Voting.

     Ordinances submitted to the electors voters in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title, which shall be prepared by the city counselor. The ballot title shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. The ballot used in voting upon any ordinance, if a paper ballot, shall have below the ballot title the following: "For the Ordinance" and "Against the Ordinance." Immediately at the left of each proposition there shall be a square in which by making a cross (X) the elector voter may vote for or against the ordinance. Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper used for voting on ordinances shall be for that purpose only.

(Ord. No. 20531, §1, passed by voters 04-06-10)

  Section 135. Effect of Vote.

     If a majority of the electors voters voting on a proposed initiative ordinance or referred ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city, and shall, unless otherwise specified, become effective as indicated in Section 15 of this charter. No such ordinance shall be amended or repealed for six (6) months, except by unanimous vote of the council. A referred ordinance which is not approved by a majority of the electors voters voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors voters at the same election, the one receiving the greatest number of affirmative votes shall prevail. No election under the initiative or referendum procedure shall be set aside because of any defect in the petitions. ffirmative votes shall prevail. No election under the initiative or referendum procedure shall be set aside because of any defect in the petitions.

( Ord. No. 20531, §1, passed by voters 04-06-10)

Section 136. Recall Petition.

     Any officer elected by vote of the people may be removed by the electors voters qualified to vote for a successor to such incumbent. The procedure to effect the removal of such incumbent shall be as follows: a petition demanding the removal of such officer shall be filed with the city clerk; such petition shall be signed by electors voters entitled to participate in such petition equal in number to at least thirty (30) percent of the number of votes cast for such office in the last election; provided, that there be at least two hundred (200) signatures in the case of officials elected by wards and five hundred (500) signatures in the case of officials elected at large. This petition shall contain a general statement of the grounds for removal. Such petition shall be executed, verified, filed, and may be amended in the manner provided for initiative and referendum petitions.

(Ord. No. 20531, §1, passed by voters 04-06-10)

Section 137. Recall Election.

    When a sufficient recall petition has been filed, the city clerk shall submit the same to the council without delay, and the council shall call an election on said recall at the next election provided for by state law which is consistent with applicable notice provisions and available for municipal elections purposes.

(Passed 11-4-80 election)

Section 138. Recall Ballot.

    The ballots shall be in the following form:

    Shall     (Name and Title)     be removed from office?

( )YES

( )NO

    Voters in favor of the recall place a cross (X) in the square opposite the word "YES."

    Voters opposed to the recall place a cross (X) in the square opposite the word "NO."

Section 139. Effect of Election.

    If a majority of those voting in such recall election shall vote in favor of the recall, then a vacancy shall exist, regardless of any defect in the recall petition. Such vacancy shall be filled as provided in Section 9 of this charter. If a majority of those voting in such election shall vote against the recall, the official shall continue in office. An official who has been recalled shall be ineligible to serve in any city office at any time during the remainder of the term for which the official was originally elected.

(Ord. No. 15113, § 1, 1-16-97)

Section 140. Limitation on Recall.

    No officer shall be subject to recall within six (6) months after induction into office, nor during the last six (6) months of the officer's term. If an officer is retained in office by any recall election, the officer shall not be subject to recall within a period of six (6) months thereafter.

(Ord. No. 15113, § 1, 1-16-97)

Section 141. Conduct of Initiative, Referendum and Recall Elections.

    Notice of initiative, referendum and recall elections shall be given and publicized, and such elections shall be conducted, the returns canvassed, and the results thereof declared in all respects as are other city elections.

ARTICLE XVIII. GENERAL PROVISIONS

Section 142. Judicial Notice of the Charter.

    This charter is declared to be a public act, and all courts shall take judicial notice thereof.

Section 143. 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, shall be received in evidence in all courts or other places without further proof of authenticity.

Section 144. 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 145. 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.

Section 146. Transfer of Records and Property.

    All records, property and equipment of any office, department or agency or part thereof, the powers and duties of which are assigned to any other office, department or agency by this charter, shall be transferred and delivered to the office, department or agency to which such powers and duties are assigned.

Section 147. Salaries.

    The council shall, by ordinance not inconsistent with the provisions of this charter relating to the department of personnel, prescribe maximum and minimum salaries or other compensation for all officers, employees, or classes of employees of the city. The city manager may determine the compensation to be paid to each officer or employee within the limits so established. In no case shall the salary or compensation of any officer or employee be based upon or measured by fees.

(4-4-67)

Section 148. Oath of Office.

    Before entering upon the duties of his office, every officer shall file with the city clerk a certificate of election or appointment, and shall take and subscribe before, and file with the city clerk, an oath or affirmation that the officer possesses all the qualifications for the elective or appointed office, that the officer is not subject to any of the disqualifications set forth in this charter, that the officer will support the Constitution and laws of the United States and of the State of Missouri, and the charter and ordinances of the City of Columbia, and that the officer will faithfully discharge the duties of the office.

(Ord. No. 15113, § 1, 1-16-97)

Section 149. Official Bonds.

    The city manager, city clerk, city collector, director of finance, and all other officers and employees receiving, disbursing or 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 office or employment of any person elected or appointed to any office or employment shall be forfeited if the person fails to give bond as herein required. The city shall pay the premiums on all such bonds. Unless otherwise provided by ordinance, the bond of the city clerk shall be filed with the mayor, and the bonds of all other officers and employees shall be filed with the city clerk.

(Ord. No. 15113, § 1, 1-16-97)

Section 150. Notice of Suits.

    No action shall be maintained against the city for or on account of any injury growing out of alleged negligence of the city unless notice shall first have been given in writing to the city manager within ninety (90) days of the occurrence for which said damage is claimed, stating the place, time, character and circumstances of the injury, and that the person so injured will claim damages therefor from the city.

Section 151. Judicial Bonds.

    The city shall not be required to give bond in any judicial proceeding or appeal.

Section 152. Rates of Taxation.

    The rates of taxation levied by the council shall be within the limits prescribed by state law applicable to cities adopting constitutional charters.

Section 153. Security of Deposits.

     The council shall require all funds of the city in any city depository to be adequately secured by a deposit of obligations of the United States government , or by the deposit of securities of the kind prescribed by state law for the security of funds deposited by the state treasurer,  in an amount satisfactory to the council.

(Ord. No. 20532, §1, passed by voters 04-06-10)

Section 154. Remitting Taxes Prohibited.

    No general or special tax or assessment, or interest or penalty thereon, shall be remitted or abated, or the right to enforce payment thereof released, except in correction of errors.

Section 155. Officers, Employees, Qualification.

    No person shall be entitled to hold any office or employment who is in arrears for any city taxes.

Section 156. Officers and Employees Interested in Contracts.

    No officer or employee of the city shall have any interest in any contract or sale to the city of any land, materials, supplies or services, where said interest is in violation of the laws or Constitution of the State of Missouri or ordinance of the City of Columbia. Any violation of this section shall render the contract or sale void. The office or employment of any officer or employee violating this section shall be forfeited.

(11-7-78; Ord. No. 15113, § 1, 1-16-97)

Section 157. Power to Administer Oaths.

    Any council member or the city clerk may administer oaths or affirmations in any matter pertaining to the affairs and government of the city.

(Ord. No. 15113, § 1, 1-16-97)

Section 158. Condemnation Proceedings.

    All proceedings for the condemnation of property or in the exercise of the right of eminent domain shall be in accordance with the laws of the state now or hereafter applicable to cities of the third class, or with such laws as may be provided for constitutional charter cities.

Section 159. Departmental Interchange.

    In accordance with procedure established by the city manager and subject to the city manager's approval, it shall be the duty of the various department directors to furnish to any other department such service, labor, equipment, or materials as may be requisitioned by the head of such other department. The charge for such service, labor, equipment, or materials shall be made to the department so furnished at actual cost or reasonable depreciated value.

(Ord. No. 15113, § 1, 1-16-97)

Section 160. Effect of Unconstitutional Provisions.

    If any provision of this charter be held to be unconstitutional or void, this shall not affect the validity, force or effect of any other provision.

Section 161. Contracts and Ordinances Contrary to Charter.

    All contracts, agreements, and other obligations entered into, and all ordinances and resolutions passed after the adoption of this charter and contrary to the provisions thereof shall be void.

Section 162. Amending the Charter.

    Amendments to this charter may be framed and submitted to the electors by a commission in the manner provided by law and the constitution for framing and submitting a complete charter. Amendments may also be proposed by the council or by petition of not less than ten (10) per cent 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 general election held in the city after its passage and consistent with state election laws, or at their discretion at a special election prior to the next general election on a date established in conformance with state law at a special election held as provided by law and the Constitution 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 for a complete charter.

(Passed by election on April 7, 1981)

Section 163. (Repealed 4-3-01)

Section 164. Campaign Financing.

    A. Every candidate for municipal election shall comply with all applicable laws and provisions of the Constitution of the State of Missouri and ordinances of the City of Columbia relating to campaign practices and the financing and conduct of campaigns for elective office.

    B. The city council may, in appropriate cases, on notice of violations of any such provision of the Constitution, laws, or ordinance, and in addition to other available remedies, order the office of any candidate who was elected to be forfeited, and may enter an order making any candidate, regardless of whether the candidate was elected, ineligible to seek an elective municipal office for two and one-half (2 1/2) years from the date of the election in which the violation occurred. Should a forfeiture occur under this section, a vacancy shall be filled in accordance with Section 9.

(11-7-78; Ord. No. 15113, § 1, 1-16-97)

Section 165. Adoption of Earnings Tax.

    No earnings tax may be levied or imposed without the affirmative vote of a majority of the qualified electors of the city voting thereon.

(4-7-75)

Section 166. Licensing, Taxation and Regulation of Occupations and Businesses.

    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, special charter cities, cities of the first, second, third or fourth class, or of any population group, and which such cities are now or may hereafter be permitted by law to license, tax and regulate.

    Any ordinance imposing a license tax may divide and classify any subject of taxation, and may impose a different tax upon each class, but the tax shall be uniform for each class. A separate license tax may be imposed for each place of business conducted or maintained by the same person, firm or corporation.

    All licenses shall be issued for such periods as may be provided by ordinance.
(4-7-75)