Section 19.1. Judicial notice of the Charter
This charter is declared to be a public act, and all courts shall take judicial
notice thereof.
Section 19.2. Ordinances to remain in force
All ordinances, regulations and resolutions in force at the time this Charter
takes effect, which are not inconsistent with the provisions of this Charter,
shall remain and be in force until altered, modified or repealed by or under
authority of this Charter or ordinance.
Section 19.3. Proof of ordinance
Any ordinance may be proved by a copy thereof certified by the city clerk under
the seal of the City; or, when printed and published by authority of the City,
it shall be received in evidence in all courts or other places, without further
proof of authenticity.
Section 19.4. 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 19.5. 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 19.6. Transfer of records and property
All records, property and equipment of any office, department or agency or part
thereof, the powers and duties for 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 19.7. Salaries
Unless otherwise provided in this Charter, the council shall prescribe by ordinance
the salaries or other compensation of all officers in the unclassified service
of the City. The council shall also, 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 in the classified service 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.
Section 19.8. Oath of office
Before entering upon the duties of his office, every officer shall file with
the city clerk his certificate of election or appointment, and shall take and
subscribe before, and file with the city clerk his oath or affirmation that
he possesses all the qualifications for the office to which he is chosen, that
he is not subject to any of the disqualifications set forth in this Charter,
that he 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 Springfield,
and that he will faithfully discharge the duties of his office.
Section 19.9. Official bonds
The city manager, city clerk, 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
monies belonging to the City that may come into their hands. If any person elected
or appointed to any office or employment shall fail to give bond as herein required;
he shall forfeit his office or employment. 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.
Section 19.10. Notice of suits
No action shall be maintained against the City for or on account of any injury
growing out of any defect in the condition of any bridge, boulevard, street,
sidewalk or thoroughfare in this City, until notice shall have first been given
in writing to the Mayor of the City within 90 days of the occurrence for which
such damage is claimed, stating the place where and the time when such injury
was received, the character and circumstances of the injury, and that the person
so injured will claim damages therefor from the City.
Approved by vote of the people February 8, 1994.
Section 19.11. Judicial bonds
The City shall not be required to give bond in any judicial proceeding of appeal.
Section 19.12. Rate of taxation
The rates of taxation levied by the council shall be within the limits prescribed
by the state law applicable to cities adopting constitutional charters.
Section 19.13. Security of deposits
The council shall require all funds of the City in any city depository to be
adequately secured in an amount satisfactory to the council by the following
types of securities:
(a) Obligations of the United States, the State of Missouri, this city; or
(b) In bonds, bills, notes, debentures or other obligations guaranteed as to
payment of principal and interest by the government of the United States or
any agency or instrumentality thereof, the State of Missouri or this city; or
(c) In revenue bonds of this city.
Approved by vote of the people June 11, 1974.
Section 19.14. 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 19.15. Officers; employees; qualification
No person shall be entitled to hold any office or employment who is in arrears
for any city taxes.
Section 19.16. Officers and employees interested in contracts
No member of the council and no salaried officer or employee of the City shall
have a financial interest, direct or indirect, in any contract with the City,
or be financially interested, directly or indirectly, in the sale to the City
of any land, materials, supplies or services, except on behalf of the City as
an officer or employee. This section shall not apply if the transaction involves
the sale of City bonds made after public notice and competitive bidding, provided
the bid accepted is the lowest qualified bid received.
No member of a board or commission shall have a financial interest, direct or
indirect, in any contract with the department or administrative agency managed
or operated by the board or commission on which he is serving, or be financially
interested, directly or indirectly, in the sale to the board or commission of
any land, materials, supplies, or services, except on behalf of the department
or administrative agency.
Any violation of this Section renders the contract or sale void, and any council
member, officer, employee, or board member violating the Section thereby forfeits
his office or employment.
Notwithstanding any other provision of the Charter to the contrary, the City
may acquire land from an employee of the City, other than a salaried officer,
by purchasing the land from the employee or through the exercise of eminent
domain; provided, however, such land shall not be purchased by the City at more
than the fair market value as determined by an independent appraiser.
Approved by vote of the people November 5, 1985.
Section 19.17. Power to administer oaths
Any councilmember or the city clerk may administer oaths or affirmations in
any matter pertaining to the affairs and government of the City.
Section 19.18. 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 second class, or with such laws as may be provided
for constitutional charter cities.
Section 19.19. Use of equipment and supplies
(1) Any equipment belonging to any department or agency and usable by any other
department or agency of the City shall be made available to such other department
or agency, at such time and in such manner as not to interfere with the efficient
operation of the department or agency owning such equipment and in the manner
provided by ordinance, without charge except the cost of operating such equipment.
(2) Any equipment or supplies usable by any other department or agency and no
longer usable or needed by the department or agency charged with it, shall be
made available to such other department or agency through the city purchasing
agent at the depreciated cost thereof before being otherwise disposed of; provided,
that this shall not apply to used equipment which can be delivered to the seller
of any equipment as part payment of the purchase price of such new equipment.
Section 19.20. Terms of present boards
The members of all boards now provided for in the City and continued by this
Charter shall remain in office until the end of their present term or three
years from the adoption of this Charter, whichever shall first occur, when their
successors shall be appointed in accordance with this Charter. The terms of
the members first appointed under the provisions of this Charter shall be staggered
by lot in such manner that the terms of succeeding members will comply with
the provisions of this Charter.
Section 19.21. Dissolution of boards
Any board established by the provisions of this Charter may be abolished and
the functions, powers and duties of said board transferred to a department of
the City government either then existing or to be established by the city council
for the assumption thereof, upon the two-thirds majority vote of the total membership
of the city council and the board being abolished meeting in joint session.
Section 19.22. Appointment of boards
The officer appointing persons for membership upon the various boards established
and recognized by this Charter, and which appointments are required to be approved
by the council, shall present any appointments for membership on said boards
to the council at a regular meeting, and no action shall be taken by the council
on such appointment for a period of at least two weeks after such appointments
have been presented thereto. The council may hold public hearings as to the
qualifications of the persons appointed and the advisability of such appointments,
but upon the lapse of such two-week period shall either approve or disapprove
the appointments presented to it. Its failure to act shall constitute its approval
of such appointments.
Section 19.23. Assessed valuations
The assessed valuation of real estate and personal property in the City for
taxation for municipal purposes shall be the same as the assessed valuation
thereof for state and county purposes, as fixed by the county assessor.
Section 19.24. Compensation of county assessor
There shall be paid to the county assessor by the City as compensation for his
services in connection with the appraisement of real estate and personal property
for taxation within the corporate limits of the City the sum of twelve hundred
dollars per year, payable annually. In addition thereto, there shall be paid
to the county assessor by the City the sum of ten cents per hundred words for
copies furnished to the director of finance by the county assessor on or before
the 20th day of each January of that part of the county assessor's books showing
the assessment of personal property subject to taxation within the City, and
a like amount for copies of that part of the assessment of merchants and manufacturers
subject to taxation by the City furnished to the director of finance immediately
after such assessments are made.
Section 19.25. 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 19.26. 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 19.27. Use of the masculine pronoun
Throughout this Charter, the general use of the masculine pronoun is understood
to apply indiscriminately to either sex.
Section 19.28. 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 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 election held in the City not
less than sixty days after its passage, or at a special election held as provided
by law and the Constitution 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.