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HomeMy Public PortalAboutORD08017 Z+ BILL NO. INTRODUCED BY COUNCILMEN: ORDINANCE NO. t.. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE BY-LAWS OF THE MID-MISSOURI REGIONAL PLANNING COMMISSION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: z r' �sf Section 1. The by-laws of the Mid-Missouri Regional Planning Commission are hereby approved. Section 2. Said by-laws shall read in words and figures as follows: IT f: 1. ,73 By Laws of the Mid-Missouri Regional Planning Commission • (Proposed by By-Laws Committee) ARTICLE I Name of Commission and Location of offices 1.1. The Commision shall be known as the Mid Missouri Regional Planning Commission, 1,2 The Commission shall maintain its prirF�p�FA ,0 fE3cp in a place to be designated by th Executive Committee and may establish field offices at such other places as it may deem necessary, ARTICLE II Powers and Duties of the Commision 2.1 The Commission shall have and exerise the powers and discharge the duties as provided by Sections 251.150- 251.440, R. S. Mo„ 1959, as amended, and by way of explaining and not by way of limitation, the following: (a) The Commission shall elect its own chairman and exe- 251.270 cutive committee as provided in Article V, Section 7.1 of these by-laws. The Commission shall establish its -own by-l-aws. of-procedure and may create and fill such other offices as it way determine necessary, The Com- mission may authorize the Executive Committee to act for it on all matters pursuant to rules adopted by it. It shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record. (b) The Commision shall have all powers necessary to enable 251.300 it to perform its function and promote regional planning. (c) The' Commission shall appoint to serve at its pleasure 251,280 and shall compensate an Executive Director and such employees as it deems necessary for its work, and may hire such specialists and c6nsultants for part-time or full-time service as may be necessary for the per- formance of its responsibilities. -1- } t rrh:,T '4 (d) Aid, in any form, for the purpose of accomplishing the 251.280 objectives of the Commission may be accepted from all 5, governmental agencies whether local, state, or federal, if the conditions under which such aid is furnished are not inweiapdtible with the provisions of the section. `Fhe Commission may accept gifts and a is fr aL ublic or private individuals or agencies iftlie con under which such grants are made are in accordance with the accomplishment of the objectives of the Commission. 2.2 The Commission shall have the function and duty of 251.320 making and adopting a comprehensive plan, with the accompany- ing maps, plats, charts, programs, and descriptmve or explana- tory matter'showing the Commission's recommendations for such development, and may include among other things, without limi- tation because of enumeration, the general location, character, and extent of main traffic arteries; bridges and viaducts; public places and areas; parks; parkways; recreational areas; sites for public buildings and structures; airports; waterways; routes for public transit; and the general location and extent of main or interceptor routes for sewers, water conduits, and other public utilities whether privately or publicly owned; areas for industrial, commercial, residential, agricultural, or recreational development. The comprehensive plan shall be made with the general purpose of guiding and accomplish- ing a coordinated, adjusted, and harmonious development of the region which wile, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity, or the general welfare, as well as efficiency and economy in the process of development. is 2;3 The Commissions may provide advisory services on 251.290 regional problems to the local government units within the region and to the other public and private agencies in mat- ters relative to its functions and objectives, and may act as a coordinating agency for programs and activities on such local units and agencies as they relate to its objectives. ARTICLE III Organization of the Commission ' 3.1 '.E`he Commission shall consist: of participating mom- 251.250 bars who shall represent the local units of government within the boundaries of the region. All Commission . members shall be electors of the state and reside within the region. Each member of the Commission representing a county in the region . shall be a member of the County Court or its designee, and each incorporated municipality shall be entitled to one representative who shall be a member of its legislative body, .and shall be appointed by (2) , r 1.� the mayor, subject to the approval of the legislative body. An alternative representative may be appointed in the manner prescribed above, but not necessarily a member of the legis- lative body. Such alternate may attend all Commission meet- ings, but shall only be allowed voting privileges in the absence of the officially designated voting member. 3.2 Commission members shall serve at the discretion 251.250 of the respective goveniuj,4 bodies for a term of two (2) years and will be eligible for reappointment. ARTICLE IV Meetings 4.1 The Commission shall meet at least the first Wednesday in 251.270 March in the city where the principal office of the Commission is located. Additional meetings may be called by the Executive Com- ..mittee or by one-third of the members upon written request filed with the secretary, designating time, place and purpose of the meeting to all members of the commission. 4.2 Each duly appointed member of the Commission shall have 251.270 one vote and proxy voting shall not be permitted, except as pro- vided for in Article III, Section 3.1 of these by-laws. 4.3 One half (102) of the Commission members shall be 251.270 present at any meeting in order to constitute a quorum. A majority of such quorum must vote on any proposition to con- stitute such proposition as a valid and binding act of the Commission. Should a quorum not be present at any meeting, the members present and entitled to vote shall adjourn such t meeting to a specified date, not later than thirty (30) days after such adjournment. 4.4 The Commission shall keep a record of its resolu- 251.270 tions, transactions, findings, and determinations which shall be a public record. The minutes of each meeting shall be prepared and distributed to the Commission members as promptly as possible -fter each meeting. The minutes of each meeting and any corrections thereof, duly adopted, shall be signed by the presiding officer. ' 4.5 All meetings of the Commission shall be open and 251.270 public. ARTICLE V 5.1 The officers of the Commission shall be selected 251.270 from among its members and shall consist of a chairman, a vice- chaiarman, secretary, and treasurer, all who shall be voting mem- bers of the Commission. These officers shall be chosen from among those members elected to the Executive Committee as hereinafter provided in Article VII, Section 7.1 of these by-laws. (3 law 5.2 All officers of the Commission shall serve for a 251.270 term of one (1) year and be eligible for re-election. Should an officer fail to qualify as a Commission member at any time as provided by Article III, Sections 3.1 and 3.2, a new member }' to tha Executive Committee shall be chosen as provided in Article VII, Section 7.1 and the Executive Committee will then select a replacement for the disqualified officer for the unexpired portion of the term of office. 5.3 An officer elected by the members of the Commission 251.270 may be removed at any time with cause, by the affirmative vote of two-thirds of the members of the Commission. Any vacancy oc- curring in any office shall be filled for the unexpired term there- of by the members in the same manner as provided in the election of officers. 5.4 The Chairman shall preside at all meetings of the 251.270 Commission. He shall, together with the Treasurer, authorize all expenditures by the Executive Director, for and on behalf of the Commission. The Vice-chairman shall, in the absence or dis- ability of the Chairman, perform the duties and exercise the powers for the Chairman. 5.5 The Secretary shall cause to be recorded, all the 251.270 proceedings of the meetings of the Commission in a book to be kept for that purpose. He shall give notice of all meetings of the Commissioners for such notice as required. The Secretary shall have the custody of and provide for safekeeping of all docu- ments of the Commission, provided however, that he may delegate clerical duties to the Executive Director. 5..6 The Treasurer shall have custody of the funds of the 251.270 Commission and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Commission and shall deposit all mnnies in the name and to the credit of the Commission in such depositories as may be designated by the Executive Com- mittee. He shall disburse the funds of the Commission as ordered by the Executive Committee, taking proper vouchers for such disburse- ments, and shall render to the members an account of his transactions and of the financial condition of the Commission as required by the members. 5.7 Any duty of the Secretary or Treasurer may be performed 25x.270 by the Executive Director, under the supervision of the Secretary or Treasurer. 5.8 The Commission may, by proper resolution, grant 251.270 either general or specific authority to the Executive Director to execute instruments for and on behalf of the Commission. 5.9 All officers and employees who handle funds, or who 251.270 are custodian.¢. of property, shall be bonded in an amount to be determined by the Executive Committee. -4- � t J! 4 ARTICLE VI Personnel 6.1 The Executive Director shall be the chief admini- 251,280 strative officer of the Commission and shall be in charge of and responsible for all professional planning work and of the administration of the functions and offices of .the Commis- si.on, subject however , to the policies established by the Commission and to the general supervision of the Executive Committee. He shall make appointments of staff personnel, prepare a recommended budget , prepare reports and public- tions, and direct the wort of the staff. The Exectuive Direc- tor may testify before appropriate public bodies or committees thereof, on such policies and recommendations as may be adopt- ed and approved by the Commission, and may consult and confer . with appropriate public officials on behalf of the Commission in connection with the program of the Commission. AOL 6.2 The Executive Director shall from time to time, re 251.280 commend to the Executive Committee the size of the staff required and the composition thereof. Such personnel as are authorized shall be appointed by the Executive Director in accordance with rules established by the Commission. Pro- motions and salaries shall be determined by the Executive Committee, with approval of the Commis§s'ion. 6.3 Staff personnel shall be subject to such person- 251.280 nel policies as may from time to time be established by the Executive Committee. 6.4 The Executive Director must be recommended by the 251.280 Executive Committee. The Executive Committee shall submit the name of such person to the Commission for final approval. The Executive Director shall be discharged by the Commsssion only upon the recommendation of the Executive Committee. ` 6.5 The Commission shall have authority to utilize ex- 251.380 ,-, isting staff of the member governmental agencies when so suthorized by the member government. ` ARTICLE VII `T Committees 7.1 Executive Committee. The Executive committee 251.270 shall consist of sixteen (16) voting members of the Commis- sion. The most populous incorporated municipality in each "'`' count shall be entitled to one (1) member on the Executive Committee. Each county shall be entitled to one (1) Addi- tional member of thu Executive Committee to be chosen by among caucus from the other members of the Commission from g such county, other than from the most populous municipality. TheExecutive Committee shall have and possess such powers, duties and functions as are set out herein or by resolution of the Commission. 7.2 There shall be such other committees selected for 251.270 specific terms of office as the Chairman of the Commission, with approval of the members, shall from time to time desig- nate. The members of any said committee shall be appointed by the Chairman and shall have such authority and perform such duties as tie members shall designate by resolution. 7.3 In the event it shall be necessary to employ legal 251. 280 counsel, or a certified public accounting firm, the same shall be' selevted by the Executive Director, with approval of the Executive Committee. 7.4 Tam (10) members of the Executive Committee shall be considered as a quorum for the purpose of transacting the business of the Committee. A. majority vote of the entire Committee shall be required to pass any motion before the Committee. ARTICLE VIII Fiscal Year 8.1 The fiscal year of the Commission shall be from July l to June 30. ARTICLE IX Budget 9.1 Proration of expenses, The amount charged to each 251.400 participating local unit shall be in the proportion to its population as shown by the last decennial census and in pro- portion to the total of all participating local units. x, !;• 9.2 Annually, and at least one hundred twenty (120) days prior to the end of the Commission's fiscal year, the Executive Director shall prepare a work program setting forth the proposed activities of the Commission for the next ensuing fiscal year and the budget and staff requirements for such programs which shall be used as the operating guide of the Commission for the particular period, The work program shall be submit- ted to the Executive Committee for the appropriate action and if approved, to the Commission for adoption. ; :. (6) s". + 9.3 The Executive Director shall prepare a budget and 251.400 ? .. submit it to the Executive Committee for approval pr Dar to March 1st of each year to underwrite the aforesaid work pro- '.` ` gram. The budget shall show the proportionate share of each local governmental unit participating in the Commission. The . . budget as approved by the Executive Committee shall be sub- } mitted to the Commission for adoption or ammendment and adop- tion, in sufficient time to present to the units of local government within the planning region, for action at least ninety (90) days prior to the and of the Commission's fiscal year. The budget 'as adopted by the Commission shall be pre- sented to political subdivisions, parties to the agreement, and resolution for appropriate action by each, pursuant to the provisions of section 7.2 of this Article. 9.4 The Executive Committee shall review proposals for 251.400 budget changes, amendments, and transfers of funds between accounts that may be made throughout the year, and shall make appropriate recommendations to the Commission, which shall have the authority to approve such changes, amendments, transfers, or duties authorized by the resolutim. ARTICLE X Annual Report 10.1 By September 1 of each year, the Executive Direc- 251.310 for shall prepare an annual report, setting forth the actici- tiec and work of the Commission for the previous fiscal year. The annual report shall be submitted to the Executive Com- mittee for approval and appropriate action,. 10.2 Upon adoption, the annual report shall be submit- 251.310 ted to legislative bodies of the local g' governments within the region, to members of the Missouri .General Assembly _ representing the district which is within or -partly within the region, and to the Department of Community Affairs. 10.3 The fiscal records of the Commission shall be 251.310 audited annually b a certified Y Y public accountant who 8 ht maintains an office within the eight g (a) county area of this Commission. ARTICLE XI General 11. 1 None of the members of the Commission shall be person- `_ ally liable under, upon, or in connection with any agreements or undertakings entered into by the Commission, or in connectiai with any other obligations or liabilities of the Commission. (7). .. r� r 11.2 In any case where a provision of these by-laws or an amendment thereto may be in conflict with the agreement and re- `" solution establishing the Commission and any amendments thereto, said agreement and resolution and any amendments thereto shall prevail. ARTICLE XII Amendments 12. 1 The by-laws of the Commission may be porposed For amandment by majority votes of the members present at any meeting of the Commission, or at any special meeting thereof at which a quorum is present, provided that a thirty (30) day notice of such regular or special meeting shall include a reference to the proposed amendment. The Executive Committee shall have no power or authority to amend or repeal these laws. ARTICLE X:III qW Adoption of By-Laws and Amendments 13.1 13.1 These By-Laws and any amendments thereto shall be considered as having been adopted when the same are approved be resolution or: order of governing bodies representing not less than fifty-one (51) per cent of the population of the region as determined by the last completed federal decennial cencus. The approving resolutions or orders shall be filed with the chairman or temporary chairman of the Commission or proposed Commission, who shall, by proclamation, declare the by-laws or amendments thereto to have been adopted. J_r. Section 3. A copy of this ordinance shall be forwarded by the City Clerk to Mayor George Nicholaus, Columbia, Missouri, as Chairman of the Mid-Missouri Regional Planning Commission. Section 4. This ordinance shall take effect and be in force from and after its passage and approval. Passed: Approved: J P ident of the Council Mayor Attest: K' City Cle k 11