The Council (cont.)
Section 2.13. 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 2.14. Annual audit
An independent 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 certified public accountant
who is experienced in municipal accounting and who is selected by
the council. 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.
Section 2.15. Investigator
The council may appoint an investigator who shall serve for such
term as the council may prescribe. He shall be a certified public
accountant or a person specially trained and experienced in governmental
or business investigation or administration. His duty shall be to
keep the council informed as to the work performed, methods, and
financial affairs of the city. He shall not be responsible for the
keeping of accounts. He shall make such investigations of the work
of all departments of the city and such reports to the council as
it shall require. He shall make such other investigations as the
council may direct. He shall have access to all books and records
of all departments of the city. If the council desires, he shall
certify to the correctness of any or all financial reports before
the same shall be regarded as official.
Section 2.16. Enumeration of certain powers
Without limitation of the powers conferred upon the city by Section
1.3 of Article I of this Charter, or by any other provision hereof,
the council shall have power by ordinance not inconsistent with
this Charter to do, but shall not be restricted to, the following:
(1) Assessment, levy and collection of taxes. Assess, levy and collect
taxes for all general and special purposes on all subjects or objects
of taxation not expressly prohibited by laws, provide for enforcing
the prompt payment and for penalties for delinquency thereof, and
adopt such classifications of the subjects and objects of taxation
as may not be contrary to law.
(2) Furnishing public services; operation, etc., of public utilities.
Furnish all public services; purchase, hire, lease, construct, own,
maintain, and operate public utilities; dispose of the services
and products thereof; acquire, by condemnation or otherwise, within
or without the corporate limits, property, or any estate or interest
therein, necessary for any such purposes; grant public utility franchises
and permits and regulate the exercise thereof.
(3) Public improvements generally. Make public improvements and
acquire, by condemnation or otherwise, property, or any estate or
interest therein, within or without the corporate limits, necessary
for such improvements.
(4) Police, health, sanitary, safety, fire prevention, etc., regulations.
Adopt police, health, sanitary, safety, fire prevention, and other
similar regulations not in conflict with general laws and provide
for their enforcement.
(5) Expending money - Generally. Expend the money of the city for
all lawful purposes.
(6) Borrowing money. Issue, sell, pledge, or in any manner dispose
of, negotiable or nonnegotiable, interest bearing or noninterest
bearing bonds or notes of the city, upon the credit of the city,
or solely upon the credit or specific property owned by the city,
or solely upon the credit of income derived from the property used
in connection with any public utility owned or operated by the city,
or solely upon the credit of the proceeds of special assessments
for local improvements, or upon any two or more such credits.
(7) Power of eminent domain - Generally. Exercise the power of eminent
domain, including the power of excess condemnation as authorized
by the constitution or by law, and condemn private property, real
or personal, or any use therein for public use within or without
the city.
(8) Administering, etc., trusts. Take and hold property within or
without the city upon trust, and administer trusts.
(9) Acquisition of property - Generally. Acquire and receive by
gift, bequest or devise all kinds of property, real, personal or
mixed, or any estate or interest therein, within or without the
city, absolutely or in trust, for all public, charitable or municipal
uses or purposes; perform all acts necessary to carry out the purposes
of such gifts, bequests or devises, with power to manage, sell,
lease or otherwise handle or dispose of such property, in accordance
with the terms of the gift, bequest or devise.
(10) Same - Further provisions. Acquire, receive, hold, provide
for by contract or otherwise, construct, operate, regulate, manage,
maintain and improve all kinds of public buildings, structures,
public market facilities, airports, off-street parking facilities,
public housing, cemeteries, hospitals, parks and other recreational
facilities, all other public improvements, and any other property,
real or personal, within or without the city, for all such uses
or purposes, or for any other public or municipal use or purpose;
acquire, receive and hold any estate or interest in any such property;
and sell, lease, mortgage, pledge or otherwise dispose of the same
or the products thereof. The power herein granted shall be limited
only by prohibitions contained in the constitution and laws of Missouri
and other provisions of this Charter.
(11) Collection, etc., of sewage, garbage, refuse, etc. Collect
and dispose of sewage, offal, ashes, garbage and refuse, or license
and regulate such collection and disposal.
(12) Regulation of businesses liable to be nuisances. Prescribe
limits with which businesses, occupations and practices liable to
be nuisances or detrimental to the health, morals, safety, security
or general welfare of the people may lawfully be established, conducted
or maintained.
(13) Weights and measures. License and inspect weights and measures;
and inspect, test, measure and weigh any article offered for sale
within the city for consumption or use.
(14) Building regulations. Regulate the construction and materials
of all buildings and structures and inspect all buildings, lands
and places as to their condition for health, cleanliness and safety;
and when necessary, prevent the use thereof and require any alterations
or changes necessary to make them healthful, clean and safe.
(15) Establishment, improvement, etc., of streets, parks, sewers,
etc. Establish, open, relocate, vacate, alter, widen, extend, grade,
improve, repair, construct, reconstruct, maintain, light, sprinkle
and clean public highways, streets, boulevards, parkways, sidewalks,
alleys, parks, public grounds and squares, bridges, viaducts, subways,
tunnels, sewers and drains, and regulate the use thereof.
(16) Regulate, etc., grade crossings, airports, aircraft, communication
facilities, etc. Abolish or prevent grade crossings, and provide
for safe crossings and compel any street, steam, electric railroad
or other transportation company or companies affected thereby to
pay all or a part of the cost thereof; regulate and control the
location of aviation fields, hangars and aircraft landing places;
regulate and control the use of all aircraft within or over the
city; and regulate and control the location, construction, operation
and use of all types of communication facilities.
(17) Investment of funds. Invest funds of the city in:
(a) Obligations of the United States government, the State of Missouri,
this city; or
(b) 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) Revenue bonds of this city; or
(d) Certificates of deposit, savings accounts as defined in Chapter
369, Revised Missouri Statutes or in interest bearing time deposits
when such funds are held in United States banks, state banks, savings
and loan associations operating under Chapter 369, Revised Missouri
Statutes, or savings and loan associations authorized by the United
States government so long as such deposits, saving accounts, and
interest bearing deposits are secured by one or more of the types
of securities described in subparagraphs (a), (b), or (c) of this
Section; or
Approved by vote of the people June 11, 1974.
(e) Banker's acceptances issued by domestic commercial banks possessing
the highest rating issued by a nationally recognized rating agency;
or
Approved by vote of the people April 6, 1999.
(f) Commercial paper issued by domestic corporations which has received
the highest rating issued by a nationally recognized rating agency;
or
Approved by vote of the people April 6, 1999.
(g) Investments permitted by the City Council which are authorized
in the model investment policy prepared by the State of Missouri
for political subdivisions.
Approved by vote of the people April 6, 1999.
(18) Annexation and disannexation. Extend or diminish the limits
of the city by ordinance subject to the approval of a majority of
the qualified voters of the city voting thereon in any general or
special election.
(19) Defining and abatement of nuisances. Define, prohibit, suppress,
prevent and regulate, all acts, practices, conduct, businesses,
occupations, callings, trades, uses of property and all other things
whatsoever detrimental or liable to be detrimental to the health,
morals, comfort, safety, convenience, or welfare of the inhabitants
of the city, and abate all nuisances and impose liens on properties
where such nuisances exist for the cost of the abatement of such
nuisances.
Approved by vote of the people April 6, 1971.
(20) General welfare, etc. Do all things whatsoever necessary or
expedient for promoting and maintaining the comfort, education,
morals, safety, peace, government, health, welfare, trade, commerce,
or industry of the city and its inhabitants.
(21) Imposition of penalties, etc. Enforce any ordinance, rule,
or regulation by means of fines, forfeitures, penalties, and imprisonment,
or by action or proceedings in the municipal court or in any other
court of competent jurisdiction, or by any one or more of such means,
and impose costs as a part thereof and provide for probation and
parole in proper cases.
(22) Regulation of businesses generally. License, tax, regulate
or suppress all businesses, occupations, professions, vocations,
activities (set forth and enumerated by the statutes of this state,
now or hereafter applicable to cities of the first, second, third
or fourth class or of any population group) which any such cities
are now permitted or may hereafter be permitted to license, tax,
regulate, or suppress.
(23) License taxes generally. To impose a license tax upon any business,
vocation, pursuit, calling, animal, or thing.
(24) Issuance of process, etc. Compel, by the issuance of process,
the attendance of witnesses and production of papers and records
relating to any subjects under investigation in which the interest
of the city is involved, and call upon the proper officers of the
city or county to execute such process.
(25) Contracts, suits, etc. Contract and be contracted with, sue
and be sued, except an ordinance authorizing the city to enter into
such contracts with the state and federal government for the purpose
of receiving grant monies from the same may be passed at the meeting
of the council at which it is introduced or later at the pleasure
of the council.
Approved by vote of the people April 4, 1978.
(26) Assessment and collection of special assessments. Make and
collect special assessments on public or private property for public
improvement, and provide for enforcing the prompt payment thereof
by any appropriate means.
(27) Enumeration of inhabitants. Provide for the enumeration of
the inhabitants of the city for any purpose whatever.
(28) Zoning regulations. Divide the city into districts and for
each of such districts impose regulations, restrictions, or prohibitions
designed to promote the public health, safety, convenience, comfort,
morals, prosperity, or general welfare, governing the erection of
buildings and other structures and governing premises to be used
for trade, industry, residence, or other specified purposes; designate
the kinds of classes of trade, industries, residences, or other
purposes for which buildings or other structures or premises may
be permitted to be erected, constructed, reconstructed, altered,
repaired or used; regulate and limit the height and bulk of buildings
and other structures; regulate building lines and limit the percentage
of lot occupancy; and regulate and limit the area of courts and
other spaces.
(29) Legislative power generally. Enact, adopt, and enforce all
ordinances, rules, and regulations; do all things, and exercise
all governmental and municipal authority necessary, needful, and
convenient, contributing to, or bearing a substantial relation to
the full and complete exercise of all the powers in this Charter
enumerated.
(30) Cooperation with other governmental bodies. Cooperate, or join
by contract or otherwise with other cities, with counties, states,
the United States, or other governmental bodies, singly or jointly
or in districts or associations for promoting or carrying out any
of the powers of the City, or for the acquisition, construction,
or operation of any property, works, plants or structures convenient
or necessary for carrying out any of the purposes or objects authorized
by this Charter.
(31) Regulate utility rates. Establish and enforce gas, electric,
and public transportation rates, and rates and charges for all other
utilities owned and operated, or services furnished, by the city;
and establish or approve and enforce all rates and charges of privately
owned utilities operating within the city not regulated by other
public authority. All such rates and charges shall be determined
after a public hearing and in accordance with regularly established
procedures to be prescribed by ordinance.
(32) Incur debts. Incur debts by borrowing money or otherwise and
give any appropriate evidence thereof.
(33) Regulate water courses. Improve water courses and regulate
the use thereof.
(34) Regulate poles, wires, etc. Direct, regulate, and control the
location and construction of all poles, wires, conduits, subways,
pipe mains, or other structures or erections of any kind in or under
or over public streets, alleys, highways or places in the city.
(35) Purchase property for delinquent taxes, etc. Provide for the
purchase by the city of property levied upon under execution or
process in favor of the city and of property when sold for delinquent
taxes and assessments, and sell and convey the same.
(36) Care of sick, insane, neglected or delinquent children, etc.
Provide for the support, maintenance, and care of the sick, aged,
or insane poor persons and neglected or delinquent children; and
provide for the punishment of parents, guardians, or custodians
for neglect of children.
(37) Operation, etc., of eleemosynary institutions, etc. Acquire,
operate and maintain charitable, educational, comfort, recreative,
curative, corrective, detentive, penal and other institutions, departments,
functions, facilities, instrumentalities, conveniences, and services.
(38) Employment of personnel. Provide for the employment of all
personnel necessary to carry on the function of all departments
and agencies of the city.
(39) Limitation of the power to tax real property. In the event
a city sales tax is adopted for general municipal purposes in the
City of Springfield in an amount of 7/8 of one percent or more,
the authority of the city council to tax real property for municipal
purposes at a rate of one dollar on one hundred dollars assessed
valuation under provisions of Article X, Section 11(b) of the Constitution
of the State of Missouri 1945, as amended, shall be limited by this
Charter Section to an amount not to exceed fifty cents ($.50) on
one hundred dollars assessed valuation, provided, however, this
limitation shall not be effective until the first calendar year
after the calendar year in which the City has adopted the sales
tax.
Approved by vote of the people April 4, 1978. |