TABLE OF CONTENTS

Article I: Incorporation, Name and Boundaries ---------------------------------- 4

Preamble ----------------------------------------------------------------------- 4
Incorporation, Name and Boundaries ----------------------------------------- 4
Section 1.1 Incorporation, Name and Boundaries ------------------------ 4

Article II: Powers ------------------------------------------------------------------ 5

Section 2.1 Powers------------------------------------------------------------- 5
Section 2.2 Construction ------------------------------------------------------ 5

Article III: The Council ------------------------------------------------------------ 6

Section 3.1 Where Powers Vested -------------------------------------------- 6
Section 3.2 Composition, Eligibility, Election and Terms -------------------- 6
Section 3.3 Compensation; Expenses ---------------------------------------- 6
Section 3.4 Mayor Pro Tempore ----------------------------------------------- 7
Section 3.5 Prohibitions ------------------------------------------------------- 7
Section 3.6 Vacancies; Forfeitures of Office, Filling of Vacancies ----------- 8
Section 3.7 Judge of Qualifications ------------------------------------------- 8
Section 3.8 City Clerk --------------------------------------------------------- 8
Section 3.9 Investigations ----------------------------------------------------- 9
Section 3.10 Independent Audit ---------------------------------------------- 9
Section 3.11 Legislative Proceedings ----------------------------------------- 9
Section 3.12 Revision of Ordinances ------------------------------------------ 11

Article IV: Mayor ------------------------------------------------------------------- 12

Section 4.1 Executive Power -------------------------------------------------- 12
Section 4.2 Mayor Qualifications; Election and Term ------------------------ 12
Section 4.3 Compensation ----------------------------------------------------- 12
Section 4.4 Powers and Duties – Mayor -------------------------------------- 12
Section 4.5 Prohibition --------------------------------------------------------- 14
Section 4.6 Vacancy, Forfeiture of Office: Filling of Vacancy ---------------- 14

Article V: City Administrator ------------------------------------------------------ 15

Section 5.1 Appointment and Term ------------------------------------------- 15
Section 5.2 Duties and Responsibilities --------------------------------------- 15
Section 5.3 Acting City Administrator ----------------------------------------- 16
Section 5.4 Performance Review ---------------------------------------------- 17

Article VI: Municipal Court -------------------------------------------------------- 18

Section 6.1 Municipal Court Authorized to be established by ordinance ---- 18
Section 6.2 Judges ------------------------------------------------------------- 18

Article VII: Administrative Organization and Personnel System ---------------- 21

Section 7.1 Administrative Organization-------------------------------------- 21
Section 7.2 Personnel System------------------------------------------------- 21

Article VIII: Financial Procedures ------------------------------------------------- 22

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 Section 8.1 Fiscal Year --------------------------------------------------------- 22
Section 8.2 Submission of Budget and Budget Message--------------------- 22
Section 8.3 Budget------------------------------------------------------------- 22
Section 8.4 Capital Program --------------------------------------------------- 22
Section 8.5 Council Action on Budget ----------------------------------------- 23
Section 8.6 Public Records ---------------------------------------------------- 23
Section 8.7 Amendment after Adoption -------------------------------------- 24
Section 8.8 Council Action on Taxes and Levies ----------------------------- 24
Section 8.9 Sale of Bonds ----------------------------------------------------- 25

Article IX: Nominations and Elections -------------------------------------------- 26

Section 9.1 Municipal Elections ----------------------------------------------- 26
Section 9.2 Declaration of Candidacy ----------------------------------------- 26
Section 9.3 Determination of Election Results ------------------------------- 26
Section 9.4 City Council Districts --------------------------------------------- 27

Article X: Initiative, Referendum and Recall ------------------------------------- 28

Section 10.1 General Authority ----------------------------------------------- 29
Section 10.2 Commencement of Proceedings; Petitioner’s Committee;
Notarized Affidavit ------------------------------------------------------------ 29
Section 10.3 Petitions---------------------------------------------------------- 29
Section 10.4 Procedure after Filing ------------------------------------------- 31
Section 10.5 Referendum Petitions; Suspension of Effect of Ordinance ---- 31
Section 10.6 Action on Initiative, Referendum and Recall Petitions --------- 32
Section 10.7 Results of Election ----------------------------------------------- 33

Article XI: Franchises -------------------------------------------------------------- 34

Section 11.1 Granting of Franchises ------------------------------------------ 34
Section 11.2 Right of Regulations --------------------------------------------- 34
Section 11.3 Temporary Permits ---------------------------------------------- 35
Section 11.4 Operation Beyond and Franchise Period ----------------------- 35

Article XII: Licensing, Taxation and Regulation of Business, Occupations,

Professions, Vocations and Other Activities or Things --------------------------- 36
Section 12.1 Objects of Licensing, Taxation and Regulation ---------------- 36

Article XIII: General Provisions --------------------------------------------------- 37

Section 13.1 Personal Financial Interest -------------------------------------- 37
Section 13.2 Prohibitions ------------------------------------------------------ 37
Section 13.3 Political Activity -------------------------------------------------- 38
Section 13.4 All Ordinances Effective on Municipal Land -------------------- 38
Section 13.5 Notice of Suits --------------------------------------------------- 38
Section 13.6 Official Bonds and Oath ----------------------------------------- 38
Section 13.7 Charter Amendment -------------------------------------------- 39
Section 13.8 Charter Review Commission ------------------------------------ 39
Section 13.9 Public Improvements and Special Assessments --------------- 40
Section 13.10 Proof of Ordinance --------------------------------------------- 40
Section 13.11 Separability ---------------------------------------------------- 40

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Article XIV: Transitional Provisions ----------------------------------------------- 41
Section 14.1 Personnel System ----------------------------------------------- 41
Section 14.2 Continuance of Taxes, Assessments and Fees ----------------- 41
Section 14.3 Ordinances to Remain in Force --------------------------------- 41
Section 14.4 Pending Actions and Proceedings------------------------------- 41
Section 14.5 Continuance of Contracts, Public Improvements and Taxes -- 42

Article XV: Schedule --------------------------------------------------------------- 43

Section 15.1 Election to Adopt Charter --------------------------------------- 43
Section 15.2 Election of City Officials ----------------------------------------- 43
Section 15.3 Time of Taking Full Effect --------------------------------------- 43
Section 15.4 Temporary Ordinances ------------------------------------------ 44
Section 15.5 Purpose of Schedule -------------------------------------------- 44

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 ARTICLE I. INCORPORATION, NAME AND BOUNDARIES
CHARTER OF THE CITY OF NIXA, MISSOURI (2010)

PREAMBLE

We, the People of Nixa, Missouri, in order to build on a proud heritage,

promote the well-being of our community, and secure the benefits and
advantages of constitutional home rule under the Missouri Constitution, do
hereby establish this Charter for the better government of our City:

INCORPORATION, NAME AND BOUNDARIES

Section 1.1 Incorporation, Name and Boundaries

The inhabitants of the City of Nixa, 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 Nixa.

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 ARTICLE II.

POWERS

Section 2.1 Powers

The City shall have all powers 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 either by
this Charter or by Statute. The City shall, in addition to its home rule
powers, have all powers conferred by law.

Section 2.2 Construction

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.

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 ARTICLE III.

THE COUNCIL

Section 3.1 Where Powers Vested

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.

Section 3.2 Composition, Eligibility, Election and Terms

(a) Election by Districts. There shall be a City Council of two (2)

members per District elected by the registered voters of their
respective districts, as provided in Article IX.

(b) Qualifications. A Council Member shall be a citizen of the United

States and a resident of the City for one (1) year at the time of filing
for office. A person must be a resident of the District for which the
person is seeking office at the time of filing for office and must be
registered to vote in that District and must remain a resident of the
District during the time of service as an elected official of the City.

(c) Election and Terms. Council Members shall be elected to serve

staggered three (3) year terms. At the first election under this
charter, six (6) Council Members shall be elected. Of the Council
Members elected at the first such election, one (1) Council Member
from Districts One (1) and Two (2) shall serve only one (1) year
terms; one (1) Council Member from Districts Two (2) and Three (3)
shall serve only two (2) year terms; and one (1) Council Member from
Districts Three (3) and One (1) shall serve three (3) year terms. The
Council Member from each respective District receiving the greatest
number of votes shall serve the longer term for that District. At each
regular municipal election thereafter, Council Members shall be elected
to fill the positions of those whose terms expire and shall serve full
three (3) year terms.

Section 3.3 Compensation; Expenses

The Council may determine the annual compensation of Council Members by

ordinance, but no ordinance increasing such compensation shall become

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effective for a Council Member until the commencement of a new term of
office. Council Member shall receive their actual and necessary expenses
incurred in the performance of their duties of office.

Section 3.4 Mayor Pro Tempore

The Council shall elect annually from among its members a Mayor Pro
Tempore. The Mayor Pro Tempore shall assume the powers and duties of
the Mayor during the absence or disability of the Mayor, or if a vacancy
occurs. While assuming the powers and duties of the Mayor, the Mayor Pro
Tempore shall retain his or her vote as a Council Member, but shall not
possess the additional mayoral voting power provided by Section 4.4(a),
Council Meetings, and shall not possess the mayoral veto power provided by
Section 4.4(c), Veto.

Section 3.5 Prohibitions

(a) Holding Other Office. Except where authorized by law, or

pursuant to an agreement between the City and another entity of
government, no Council Member shall hold any other City office or City
employment during the term for which he or she was elected to the
Council, and no former Council Member shall hold any compensated
appointive City office or City employment until one (1) year after the
expiration of the term for which the Council Member was elected.

(b) Appointments and Removals. Neither the Council nor any of its
members shall in any manner dictate the appointment or removal of
any City administrative officers or employees whom the City
Administrator or any of his subordinates are empowered to appoint,
but the Council as a group may express its views and fully and freely
discuss with the City Administrator anything pertaining to the
appointment and removal of such officers and employees.

(c) Interference with Administration. Except for the purpose of

inquiries and investigations under Section 3.9, the Council or its
members shall deal with City officers and employees who are subject
to the direction and supervision of the City Administrator solely
through the City Administrator, and neither the Council nor its
members shall give orders to any such officer or employee, either
publicly or privately.

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Section 3.6 Vacancies; Forfeiture of Office, Filling of Vacancies

(a) Vacancies. The office of a Council Member shall become vacant

upon the member’s death, resignation, recall or removal from office in
any manner authorized by law or this Charter or upon forfeiture of the
office.

(b) Forfeiture of Office. A Council Member shall forfeit office if:

i. At any time during the member’s term of office the member
lacks any qualification for the office prescribed by this Charter or
by law; or
ii. If the member violates any prohibition of this Charter or is
convicted of a crime involving moral turpitude; or
iii. If the member defaults in taxes to the City or fails to attend
three (3) consecutive regular meetings of the Council without
being excused by the Council.

(c) Filling of Vacancies. A vacancy in the Council shall be filled by

the Council by a majority vote of all its remaining members for a
period running to the next regular municipal election unless such
period exceeds one year. In the latter case, the Council shall make
arrangements for a special election to fill such vacancy for the
unexpired term.

Section 3.7 Judge of Qualifications

The Council shall be the judge of the election and qualifications of all
officers elected by the voters under this charter and of the grounds for
forfeiture of their office and for that purpose shall have power to
subpoena witnesses, administer oaths and require the production of
evidence. An officer charged with conduct constituting grounds for
forfeiture of his or her office shall be entitled to a public hearing on
demand. Decisions made by the Council under this section shall be
subject to review by the courts.

Section 3.8 City Clerk

The City Clerk shall keep the journal of Council proceedings, authenticate
by his/her signature all ordinances and resolutions, and record them in
full in a book kept for that purpose. He/she shall perform such other
duties as may be required by law, by this charter, or by the Council. The
City Clerk shall hold office in accordance with Section 4.4 (g) and 4.4 (h).

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Section 3.9 Investigations

The Council may make investigations into the affairs of the City and the
conduct of any City department, office or agency and for this purpose
may subpoena witnesses, administer oaths, take testimony and require
the production of evidence. Any person who fails or refuses to obey a
subpoena issued in the exercise of these powers by the Council shall be
guilty of an ordinance violation and punishable as prescribed by law.

Section 3.10 Independent Audit

The Council shall provide for an independent audit of all City accounts at
least once a year. Such audits shall be made in accordance with
generally accepted accounting standards by a certified public accountant
or firm of such accountants who have no personal interest, direct or
indirect, in the fiscal affairs of the City government or any of its officers.
The audit report shall be presented to the Council within 90 days of its
preparation. A copy of the report prepared by the certified public
accountant or firm of such accountants shall be kept in the City Clerk’s
office and shall be open to public inspection.

Section 3.11 Legislative Proceedings

(a) Meetings. The Council shall meet regularly at least once each
month at such times and places as the Council may prescribe. The
Mayor upon his or her own motion may, or at the request of three
members of the Council shall, call a special meeting of the Council for
a time not earlier than 24 hours after notice is given to all members of
the Council then in the City. Emergency meetings may be called with
less than 24 hours notice subject to state law.
(b) Rules and Journals. The Council shall determine its own rules
and order of business. It shall cause a journal of its proceedings to be
kept, and this journal shall be open to public inspection, maintained in
the Office of the City Clerk.
(c) Voting. Voting procedures shall be adopted by ordinance or
resolution establishing under what circumstances a roll call vote is
required and setting forth a procedure for vote taking that provides for
a degree of random voting so that a Council Member will be varied in
his voting order. Such voting procedures shall be consistent with
State law. In all roll call votes the names of the members of the
Council shall be recorded in a journal. A majority of members of the
Council shall constitute a quorum for its business, but a smaller
number may meet and compel the attendance of absent members in
the manner and subject to the penalties prescribed by ordinance.

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 Unless otherwise provided by this Charter, the affirmative vote of a
majority of the entire Council shall be necessary to adopt any
ordinance.

The term “entire Council”, as used in this Charter, shall mean the
number of Council seats established by Section 3.2 (a) of this Charter
and shall include, in determining the number of votes required, any
vacant seat. In the case of an emergency declared by the Mayor or
Governor of the State of Missouri involving the City of Nixa and caused
by a catastrophic event or disaster, the Council may act on any matter
before it by a majority vote of the quorum without counting vacant
seats to determine the required number of votes. If a vote on an issue
does not require a vote of the “entire Council”, then a majority of a
quorum may act on the issue.

(d) Forms of Ordinances. Proposed ordinances and resolutions shall

be introduced in the Council only in written or printed form. The
enacting clause of all ordinances shall be:

Be it Ordained by the Council of the City of Nixa.

The enacting clause of all ordinances submitted by initiative shall be:

Be it Ordained by the People of the City of Nixa.

(e) Procedure. Except in the case of emergency ordinances, every

proposed ordinance shall be read by title in open Council meeting two
times before final passage. A copy of each proposed ordinance shall
be provided for each Council Member at the time of its introduction,
and at least three copies shall be provided for public inspection in the
Office of the City Clerk. Persons interested in a proposed ordinance
shall be given an opportunity to be heard before the Council in
accordance with such rules and regulations as the Council may adopt.
If the Council adopts an amendment to a proposed ordinance that
constitutes a change in substance, any member of the Council may
require that the proposed ordinance as amended be placed on file for
public inspection in the Office of City Clerk for one additional week
before final passage. In the absence of such a request, the Council
may consider the amended ordinance at the same meeting.
(f) Emergency Ordinances. An ordinance may be passed as an
emergency measure on the day of its introduction if it contains a
declaration describing in clear and specific terms the facts and reasons
constituting the emergency and receives the vote of two-thirds of the

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 entire Council. An ordinance granting, reviewing, or extending a
franchise shall not be passed as an emergency ordinance.
(g) Effective Date. Every adopted ordinance and resolution shall
become effective immediately upon passage, adopting and approval by
the Mayor (including deemed approval by the Mayor failing to either
sign or disapprove the same within ten days of receipt, as provided in
Section 4.4 (c), Veto), or any later date specified therein.
(h) Authentication and Recording. All ordinances and resolutions
adopted by the Council shall be authenticated by a signature of the
Mayor and City Clerk. The City Clerk shall record in a properly indexed
book kept for the purpose of all ordinances and resolutions adopted by
the Council which shall be made available for public inspection.

Section 3.12 Revision of Ordinances

Within three years after adoption of this Charter, all ordinances and
resolutions of the City of a general and permanent nature shall be
revised, codified, and promulgated according to a system of continuous
numbering and revision as specified by ordinance.

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 ARTICLE IV.

MAYOR

Section 4.1 Executive Power

The executive power in the City shall be vested in a Mayor who shall be
recognized as the head of the City for all legal and ceremonial purposes
and by the Governor of Missouri for all purposes of military law.

Section 4.2 Mayor Qualifications; Election and Term

(a) Qualifications. The Mayor shall have been a resident of the City
one year at the time of filing for office and a registered voter and shall
remain a resident and registered voter of the City.
(b) Election and Term. At the regular municipal election, the Mayor
shall be elected by the registered voters of the City at large to serve a
three (3) year term provided by Section 9.1.

Section 4.3 Compensation

The City Council may determine the annual compensation of the Mayor by
ordinance, but no ordinance changing such compensation shall become
effective for the Mayor until the commencement of a new term of office.
The Mayor shall receive actual and necessary expenses incurred in the
performance of the Mayor’s duties of office.

Section 4.4 Powers and Duties—Mayor

The Mayor shall have the following powers and duties:

(a) Council Meetings. The Mayor shall preside at meetings of the

Council, but the Mayor shall have the right to vote only in case of a tie.
The Mayor may call special meetings of the Council as provided in
Section 3.11 (a), Meetings.
(b) State of the City. The Mayor shall at least annually present to
the Council information as to the affairs of the City and any
recommendations of the Mayor.
(c) Veto. An ordinance or resolution adopted by the Council shall be
presented to the Mayor for the Mayor’s approval. The Mayor shall
either sign the same or, within ten (10) business days of receipt of the
ordinance or resolution, return it with a written statement of the
Mayor’s reasons for disapproval. Ordinances or resolutions vetoed by

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 the Mayor shall be considered at the next regular meeting of the
Council, and the Council may pass the ordinance over the veto by an
affirmative vote of two-thirds (2/3) of the entire Council. If any
ordinance or resolution be neither signed nor returned by the Mayor
within ten (10) days of receipt by the Mayor, the same shall be
deemed approved by the Mayor as if the Mayor had signed it and shall
become law without his signature.
(d) Execution of Laws. The Mayor shall see that all laws, provisions
of this Charter and acts of the Council are faithfully executed.
(e) Execution of Documents. The Mayor shall sign all ordinances,
resolutions, proclamations, grants and executive orders. Except as
otherwise provided by the City Council, the Mayor shall sign on behalf
of the City all instruments conveying and/or releasing an interest in
real property, all agreements and contracts between the City and other
governmental entities and all Council policies.
(f) Appointments. The Mayor, with the advice and consent of a
majority of the Council, shall appoint all members of committees,
authorities, boards and commissions, except as otherwise provided by
law or this charter.
(g) Appointive Officers. The Mayor, with the advice and consent of
two-thirds (2/3) of the entire Council, shall have power to appoint a
City Administrator, City Clerk, City Attorney and Chief of Police. The
Mayor and City Council may employ special counsel to represent the
City, either in a case of a vacancy in the office of City Attorney or to
assist the City Attorney, and pay reasonable compensation therefore.
After appointment, the City Clerk, City Attorney and Chief of Police
shall report to the City Administrator related to day to day operation of
city affairs.
(h) Removal of Appointive Officers. The Mayor, with the consent of
a majority of the entire Council, may remove from office any
appointive officer authorized under paragraph (g) at will, and any such
appointive officer may be so removed by a two-thirds (2/3) vote of the
entire Council, independently of the Mayor’s approval or
recommendation. The City Council may pass ordinances regulating the
manner of removals.
(i) Administrative Policy Matters. The Mayor shall have the
responsibility of discussing with the City Administrator any and all
policy matters; however, the Mayor shall not interfere with day-to-day
administration of City affairs.
(j) Review City Administrator. The Mayor shall preside as Chair of
the City Council’s annual performance review of the City Administrator.
(k) Other Duties. The Mayor shall exercise such other powers and
perform such other duties as may be prescribed by this Charter, by
ordinance or by law.

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Section 4.5 Prohibition

Holding other office. Except where authorized by law, or pursuant to an

agreement between the City and another entity of government, the
Mayor shall not hold any other City office or City employment during the
term for which the Mayor was elected, and no former Mayor shall hold
any compensated appointive City office or City employment until one (1)
year after the expiration of the term for which the Mayor was elected.

Section 4.6 Vacancy, Forfeiture of Office; Filling of Vacancy

(a) Vacancy. The office of the Mayor shall become vacant upon the
Mayor’s death, resignation, recall or removal from office in any manner
authorized by this Charter or by law, or upon forfeiture of the office.
(b) Forfeiture of Office. The Mayor shall forfeit office:
i. If at any time during the term of office the Mayor lacks any
qualifications for the office prescribed by this Charter or by law; or
ii. If the Mayor violates any prohibition of this Charter or is convicted
of a crime involving moral turpitude; or
iii. Defaults in taxes to the City or fails to attend three (3) consecutive
regular meetings of the Council without being excused by the
Council; or
iv. If the Mayor willfully violates the requirements of Section 13.1,
Personal Financial Interest.
(c) Filling of Vacancy. A vacancy in the office of Mayor shall be filled
by election at the next regular municipal election established by the
Missouri election calendar in accordance with State law, for which
timely notice may be given. The person elected will serve the
remainder of the unexpired term. The Council shall, by majority vote
of the entire Council, appoint someone to serve as Mayor if the general
election is over sixty (60) days from the date of vacancy.

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 ARTICLE V.

CITY ADMINISTRATOR

Section 5.1 Appointment and Term

There shall be a City Administrator appointed by the Mayor with the

advice and consent of two-thirds (2/3) of the entire Council. The City
Administrator shall be appointed solely on the basis of such person’s
executive and administrative qualifications. The person appointed as
City Administrator shall serve for an indefinite term. The City
Administrator may be removed on recommendation of the Mayor with
the consent of two-thirds (2/3) of the entire Council or by a two-thirds
(2/3) vote of the entire Council on its own initiative. The City
Administrator shall be compensated as established by the Council.
The person appointed to the office of City Administrator shall become a
resident of and reside within the City limits within six (6) months of
appointment and possess qualifications provided by ordinance. The
residency requirement may be waived by a two-thirds (2/3) vote of
the entire Council.

Section 5.2 Duties and Responsibilities

The City Administrator shall be the chief administrative officer of the

City. The City Administrator shall be responsible to the Mayor and
Council for the administration of all City affairs placed in the City
Administrator’s charge by or under this Charter. The City
Administrator shall have the following duties and responsibilities:

(a) Appointment and Removal of Department Directors and

Employees. The City Administrator shall appoint and, when the City
Administrator deems it necessary for the good of the City, to
suspend or remove City employees and appointive administrative
officers, provided for by or under this Charter, except as otherwise
provided by law, this Charter or the personnel code and regulations
thereunder adopted pursuant to Section 7.2 Personnel System. The
City Administrator may authorize any administrative officer who is
subject to the City Administrator’s direction and supervision to
exercise these duties and responsibilities with respect to
subordinates in that officer’s department, office or agency.
(b) Administration of Departments. The City Administrator shall
direct and supervise the administration of all departments, officers

15
 and agencies of the City, except as otherwise provided by this
Charter or by law.
(c) Attend City Council Meetings. The City Administrator shall
attend all Council meetings and shall have the right to take part in
discussion but may not vote. The City Administrator shall receive
notice of all special meetings.
(d) Enforcement of Laws. The City Administrator shall see that all
laws, provisions of this Charter and acts of the Council subject to
enforcement by the City Administrator, or by any person subject to
the City Administrator’s direction and supervision, are enforced.
(e) Budget and Capital Program. The City Administrator shall
prepare and submit the annual budget and capital program to the
Mayor and Council.
(f) Finance and Administrative Report. The City Administrator shall
submit to the Mayor and Council, and make available to the public,
a complete report on the finances and administrative activities of
the City at the end of each fiscal year.
(g) Other Reports. The City Administrator shall make such other
reports as the Council may require concerning the operations of
City departments, offices and agencies subject to his or her
direction and supervision.
(h) Report of Financial Condition of the City. The City Administrator
shall keep the Mayor and Council fully advised as to the financial
condition and future needs of the City and make recommendations
to the Council concerning the affairs of the City.
(i) Execution of Documents. Except as otherwise provided by the
Council or in this Charter, the City Administrator shall sign on behalf
of the City all instruments required to implement the Council
approved budget, all documents related to the administration and
management of employees, all administrative policies, all capital
project contracts and professional services agreements, and all
contracts and agreements related to the administration and
management of government business.
(j) Other duties. The City Administrator shall perform such other
duties as are specified in this Charter or may be required by the
Council.

Section 5.3 Acting City Administrator

By letter filed with the City Clerk, the City Administrator shall
designate a qualified person to exercise the powers and perform the
duties of the City Administrator during the temporary absence or
disability of the City Administrator. Such person shall be appointed

16
solely on the basis of such person’s executive and administrative
qualifications. During such absence or disability, the Mayor, with the
consent of the Council, may revoke such designation at any time and
appoint another qualified person to serve.

Section 5.4 Performance Review

The City Administrator shall receive a performance review from the

Mayor and Council at least once each year. Each Performance review
shall be made part of the confidential personnel file of the City
Administrator.

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 ARTICLE VI.

MUNICIPAL COURT

Section 6.1 Municipal Court Authorized to be established by

ordinance

The council may provide for a Municipal Court by ordinance which shall
have jurisdiction to hear violations of the city’s ordinances. The
Municipal Court so established shall be subject to the provisions of this
Article, the rules of the Missouri Supreme Court, and applicable state
law. Notwithstanding the foregoing, the Council, in lieu of establishing
a Municipal Court by ordinance, may elect to have violations of the
City’s ordinances heard and determined by a judge of the circuit court,
as authorized by state law. Should the Council elect to have violations
of the City’s ordinances heard and determined by a judge of the circuit
court, then the Council shall review the feasibility of establishing a
Municipal Court by ordinance, as provided for herein, every four years.

Section 6.2 Judges

(a) Election and Terms. The Chief Municipal Judge shall be elected,
by the qualified voters of the City, to serve a two-year term. The
Chief Municipal Judge shall be the presiding judge of the municipal
court. The Council may provide for associate Municipal Judges and
corresponding divisions of the Municipal Court by ordinance and
without further amendment of the Charter, provided said changes
shall not take effect before the expiration of the affected term.
Additional judges shall also be elected, by the qualified voters of
the City, to two-year terms on a cycle to be determined by the
ordinances creating such additional judicial positions.

(b) Powers and Duties. The Municipal Judge shall have such powers
and duties as are conferred upon such officers by law or by
ordinance.

(c) Qualifications. All Municipal Judges shall be a licensed members

of the Missouri Bar, and shall have been in active practice of law in
the State of Missouri for at least three years immediately preceding
his or her election.

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(d) Prohibition. No Municipal Judge shall hold any other Nixa City
office or City employment during the term for which the judge was
elected, and no former Municipal Judge shall hold any
compensation appointive Nixa City office or City employment until
one year after the expiration of the term for which the judge was
elected.

(e) Vacancies. An office of Municipal Judge shall become vacant

upon the judge’s death, incapacitation, resignation, recall or
removal from office in any manner authorized by this Charter or by
law, or upon forfeiture of the office.

(f) Forfeiture of Office. A Municipal Judge shall forfeit office: (1) if

at any time during the term of office he or she lacks any
qualification for the office prescribed by this Charter or by law, or
(2) if the judge violates any prohibition as provided in Section
6.2(d), Prohibition, or (3) if a judge willfully violated the
requirements of Section 13.1, Personal Financial Interest, (4) or if
convicted of a crime involving moral turpitude.

(g) Removal from Office. Municipal judges may be removed from

office in any manner provided by law or the Rules of the Missouri
Supreme Court.

(h) Filling of Vacancies. The Council by a majority of the entire

Council shall appoint a qualified person to fill a vacancy in the office
of Municipal Judge until the next regular municipal election as
established by the Missouri election calendar in accordance with
state law, for which timely notice may be given, when a person will
be publicly elected by qualified voters to serve the remainder of any
unexpired term.

(i) Compensation. Compensation of Municipal Judges shall be

determined by ordinance, and shall not be dependent in any way
upon the number of cases tried, the number of guilty verdicts
reached, or the amount of fine imposed or collected. No change in
compensation of an incumbent Municipal Judge shall become
effective during that judge’s term of office.

(j) Substitute Judges. The Council may appoint substitute judges to

act as Municipal Judges during the temporary absence of an elected
Municipal Judge or in the event of a conflict of interest of an elected
Municipal Judge. Except for the two-year term requirement and the
requirement that compensation be determined by ordinance, such

19
 substitute judges shall meet the other qualifications and
requirements of this Section.

(k) Applicability. Should the Council elect to have violations of the

City’s ordinances heard and determined by a judge of the circuit
court, as authorized by state law then the provisions of this Section
shall not be applicable.

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 ARTICLE VII.

ADMINISTRATIVE ORGANIZATION AND PERSONNEL

SYSTEM

Section 7.1 Administrative Organization

(a) Departments, Authorities and Offices. Existing departments,

agencies, authorities and offices shall be continued as constituted
on the effective date of this Charter until thereafter changed
pursuant to this Charter or by ordinance.
(b) Committees, Boards and Commissions. Existing committees,
boards and commissions shall be continued as constituted on the
effective date of this Charter until thereafter changed pursuant to
this Charter or by ordinance.

Section 7.2 Personnel System

The Council shall adopt by ordinance or resolution a personnel code

providing a comprehensive personnel system for City officers and
employees. The personnel code shall provide that all appointments
and promotion of City officers and employees shall be made solely on
the basis of merit and fitness demonstrated by examination or
otherwise evidence of competence. The personnel code may authorize
the City Administrator to promulgate regulations dealing with
personnel matters. The personnel code and any regulations
promulgated pursuant thereto shall be consistent with this Charter.

21
 ARTICLE VIII.

FINANCIAL PROCEDURES

Section 8.1 Fiscal Year

The Council shall determine the fiscal year of the City.

Section 8.2 Submission of Budget and Budget Message

Before the beginning of the fiscal year, the City Administrator shall
submit to the Mayor and Council a budget for the ensuing fiscal year
and an accompanying message.

Section 8.3 Budget

The budget shall provide a complete financial plan of all City funds and
activities for the ensuing fiscal year and, except as required by law or
this Charter, shall be in such form as the City Administrator deems
desirable or the Council may require. In no event shall the total
proposed expenditures exceed the estimated revenues to be received
plus any unencumbered cash reserves estimated to be on hand at the
beginning of the budget year.

Section 8.4 Capital Program

(a) Submission to Council. The City Administrator shall prepare and

submit to the Mayor and Council a five-year capital program prior to
the final date for submission of the budget. The Council by
resolution shall adopt the capital program with or without
amendment on or before the last day of the month of the current
fiscal year.

(b) Contents. The capital program shall include:

i. A clear general summary of its contents;
ii. A list of all capital improvements that are proposed to be
undertaken during the five fiscal years next ensuing, with
appropriate supporting information as to the necessity for such
improvements;
iii. Costs estimates, method of financing and recommended time
schedules for each such improvement; and
iv. The estimated annual cost of operating and maintaining the
facilities to be constructed or acquired.

22
The above information may be revised and extended each year with
regard to capital improvements still pending or in process of
construction or acquisition.

Section 8.5 Council Action on Budget

(a) Notice and Hearing. The Council shall publish a general

summary of the budget and a notice in accordance with Missouri
law stating:

(1) The times and places where copies of the message and
budget are available for inspection by the public; and
(2) The time and place, not less than two weeks after such
publication, for a public hearing on the budget.

(b) Amendment Before Adoption. After the public hearing, the

Council may adopt the budget with or without amendment. In
amending the budget, it may add or increase programs or amounts
and may delete or decrease any programs or amounts, except
expenditures required by law or for debt service or for elimination
of a projected cash deficit.

(c) Adoption. The Council by ordinance shall adopt the budget on or

before the last day of the month of the fiscal year currently ending.
If it fails to adopt the budget by this date, the amounts
appropriated for current operation for the current fiscal year shall
be deemed adopted for the ensuing fiscal year on a month-to-
month basis, with all items in it prorated accordingly, until such
time as the Council adopts a budget for the ensuing fiscal year.
Adoption of the budget shall constitute appropriations of the
amounts specified therein as expenditures from the funds indicated.

Section 8.6 Public Records

Copies of the budget and the capital program as adopted shall be

public records and shall be made available to the public at suitable
places in the City.

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Section 8.7 Amendment After Adoption

(a) Supplemental Appropriations. If during the fiscal year the City

Administrator certifies that there are available for appropriation
revenues in excess of those estimated in the budget, the Council by
ordinance may make supplemental appropriations for the year up to
the amount of such excess.

(b) Reduction of Appropriations. If at any time during the fiscal year

it appears probable to the City Administrator that the revenues
available will be insufficient to meet the amount appropriated, the
City Administrator shall report to the Council without delay,
indicating the estimated amount of the deficit, any remedial action
taken by the City Administrator, and recommendations as to any
other steps to be taken. The Council then shall take such further
action as it deems necessary to prevent or minimize any deficit and
for that purpose it may by ordinance reduce one or more
appropriations.

(c) Transfer of Appropriations. At any time during the fiscal year,

the City Administrator may transfer part or all of any
unencumbered appropriation balance among programs within a
department, office or agency and, upon written request by the City
Administrator, the Council may by ordinance transfer part or all of
any unencumbered appropriation balance from one department,
office agency to another within the same Fund.

(d) Emergency Appropriations; Effective Date. The supplemental

appropriations and reduction or transfer of appropriations
authorized by this section may be made effective immediately upon
adoption and may be made by emergency ordinance in accordance
with the provisions of Section 3.11(f), Emergency Ordinances.

Section 8.8 Council Action on Taxes and Levies

The Council shall by ordinance set the tax rates and levy on the
various classes of property, and the levy so established shall be
certified by the City Clerk to the appropriate officials who shall
compute the taxes and extend them upon the tax rolls.

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Section 8.9 Sale of Bonds

The City shall be authorized to sell bonds as may now or hereafter be

authorized by law. Except as otherwise required by law or this
Charter, all bonds issued by the City shall be sold as prescribed by
ordinance.

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 ARTICLE IX.

NOMINATIONS AND ELECTIONS

Section 9.1 Municipal Elections

(a) Regular Elections. The regular municipal election shall be held

as may be mandated by state law.

(b) Special Elections. The Council may by ordinance order special

elections, fix the time for such elections, and provide for holding
such elections.

(c) Conduct of Elections. All municipal elections shall be non-

partisan and governed by the provisions of this Charter and
applicable state law. The Council by ordinance may further regulate
elections, subject to the provisions of this Charter and applicable
state law.

(d) Definition of Qualified Voter. Wherever used in the Charter, the

term “qualified voter” means a registered voter who is eligible to
vote in the City at large or in a Council District, whichever is
applicable.

Section 9.2 Declaration of Candidacy

Declaration of candidacy for election to City office shall be made by

declaration of candidacy filed with the City Clerk. No person shall file a
declaration of candidacy for one City office and, without withdrawing,
file for another City office to be filled at the same election. Any person
violating this section shall be disqualified from running for any City
office at the subject election.

Section 9.3 Determination of Election Results

The Council shall canvass the election returns and declare the results
of any municipal election, regular or special, at the next regularly
scheduled Council meeting following certification of the election returns
by the respective verification board of each county. The candidate
receiving the highest number of votes for each office shall be declared
elected and inducted into office at that time.

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Section 9.4 City Council Districts

There shall be three (3) City Council Districts, bounded and numbered
the same as the wards that exist at the time of adoption of this
Charter. District boundaries shall be established by ordinance
following each decennial census. Districts shall comprise compact and
contiguous territory and shall contain, as nearly possible, an equal
number of inhabitants.

27
 ARTICLE X.

INITIATIVE, REFERENDUM AND RECALL

Section 10.1 General Authority

(a) Initiative. The qualified voters of the City shall have the power
to propose ordinances to the Council and, if the Council fails to
adopt an ordinance so proposed without any change in substance,
to adopt or reject it at a municipal election, provided that such
power shall not extend to the budget or capital program, any
ordinance relating to the levy of taxes, zoning or salaries of City
employees, or any ordinance relating to any appropriation of money
unless such ordinance provides for additional revenues therefore.
The term “City employees” in this section shall not include elected
officials. A proposed initiative ordinance shall contain only one
subject, which shall be clearly expressed in its title. The election
shall be held at the next available regular or special election date as
established by the Missouri election calendar in accordance with
state law, for which timely notice may be given.

(b) Referendum. The qualified voters of the City shall have the
power to require reconsideration by the Council of any adopted
ordinance and, if the Council fails to repeal an ordinance so
reconsidered, to approve or reject it at a municipal election,
provided that such power shall not extend to the budget or capital
program , any emergency ordinance, any zoning or land use issues,
or any ordinance levying a special assessment or providing for the
issuance of special tax bills, appropriation of money, levy of taxes
or salaries of city employees. The term “City employee” in this
section shall not include elected officials. The election shall be held
at the next available regular or special election date as established
by the Missouri election calendar in accordance with state law, for
which timely notice may be given.

(c) Recall. Any elected official, whether popularly elected or

appointed, may be removed by qualified voters. No elected official
shall be subject to recall within six months after induction into office
nor during the last six months of the official’s term. If the elected
official is retained in office upon any recall election, the official shall
not be again subject to recall during the same term of office. The
election shall be held at the next available regular or special

28
 election date as established by the Missouri election calendar in
accordance with state law, for which timely notice may be given.
The recall question shall be submitted to the voters in substantially
the following form.

Shall ___(Name)___ ___(Title of Office)___

be removed from office?
Yes__________________ No______________________

Section 10.2 Commencement of Proceedings; Petitioners’

Committee; Notarized Affidavit

Any five qualified voters may commence initiative, referendum or

recall proceedings by filing with the City Clerk a notarized affidavit
stating they will constitute the petitioners’ committee and be
responsible for circulating the petition and filing it in proper form,
stating their names and addresses and specifying the street address to
which all notices to the committee are to be sent, consenting that
sending notice by United States Certified Mail return receipt requested
to such address shall constitute valid notice to the committee, and
setting out in full the proposed initiative ordinance, or citing the
ordinance sought to be reconsidered, or specifying the name and title
of office of the elected official to be recalled and a general statement
of the reason(s) for the recall. Not more than three (3) business days
after the notarized affidavit of the petitioners’ committee is filed, the
City Clerk shall issue the appropriate petition blanks to the petitioners’
committee.

Section 10.3 Petitions

(a) Number of Signatures

i. Initiative. An initiative petition shall be signed by qualified

voters of the City equal in number to at least seven percent
(7%) of the total number of qualified voters registered to vote at
the last regular municipal election.

ii. Referendum. A referendum petition shall be signed by qualified

voters of the City equal in number to at least ten percent (10%)
of the total number of qualified voters registered to vote at the
last regular municipal election.

29
iii. Recall. A recall petition shall be signed by qualified voters for
that office in number equal to at least ten percent (10%) of
qualified voters registered to vote at the last regular municipal
election.

(b) Form and Content. All papers of a petition shall be uniform in

size and style and shall be assembled as one instrument for filing.
Each signature shall be executed in ink or indelible pencil and shall
be followed by the address of the person signing. Initiative and
referendum petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance proposed
or sought to be reconsidered. A recall petition shall state the name
and title of office of the elected official sought to be recalled and the
general reason(s) for recall on the top and bottom of all pages of
the petition. No petition shall seek the recall of more than one
officer, but several propositions for recall may be separately
submitted at the same election on the same ballot.

(c) Notarized affidavit of Circulator. When filed, each paper of a

petition shall have attached to it a notarized affidavit executed by
the circulator thereof stating that the circulator personally circulated
the paper, the number of signatures thereon, that all the signatures
were affixed in the circulator’s presence, that the circulator believes
them to be the genuine signature of the persons whose names they
purport to be, and that each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to
be reconsidered. A petition circulator need not be a member of the
petitioners’ committee.

(d) Time for Filing Petitions.

i. Initiative. An initiative petition shall be filed within ninety (90)

calendar days of the issuance of the appropriate petition forms
to the petitioners’ committee.
ii. Referendum. A referendum petition shall be filed within ninety
(90) calendar days after adoption by the Council of the
ordinance sought to be reconsidered.
iii. Recall. A recall petition shall be filed within ninety (90) calendar
days of the issuance of the appropriate petition forms to the
petitioners’ committee.

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Section 10.4 Procedure After Filing

(a) Certificate of City Clerk; Amendment. Within fifteen (15)

business days after the petition is filed, the City Clerk shall
complete a certificate as to its sufficiency, specifying, if it is
insufficient, the particulars wherein it is defective and shall
promptly send a copy of the certificate to the petitioners’ committee
by United States certified mail return receipt requested. A petition
certified insufficient for lack of the required number of valid
signatures may be amended once if the petitioners’ committee files
a notice of intention to amend it with the City Clerk within three (3)
business days after receiving the copy of the City Clerks certificate
and files a supplement to the petition within ten (10) business days
after receiving the copy of such certificate. Such supplement to the
petition shall comply with the requirements of subsections (b) and
(c) of Section 10.3, Petitions, and within five (5) business days
after it is filed, the City Clerk shall complete a certificate as to the
sufficiency of the petition as amended and promptly send a copy of
such certificate to the petitioners’ committee by United States
certified mail return receipt requested as in the case of an original
petition. If a petition or amended petition is certified insufficient
and the petitioners’ committee does not amend within the time
required, the City Clerk shall promptly present the City Clerk’s
certificate to the Council, and the certificate then shall be a final
determination as to the sufficiency of the petition.

(b) Court Review; New Petition. A final determination as to the

sufficiency of a petition shall be subject to court review. A final
determination of insufficiency, even if sustained upon court review,
shall not prejudice the filing of a new petition for the same purpose.

Section 10.5 Referendum Petitions; Suspension of Effect of

Ordinance

When a referendum petition is filed with the City Clerk, the ordinance
sought to be reconsidered shall be suspended from taking effect. Such
suspension shall terminate when:

(a) There is a final determination of insufficiency of the

petition; or
(b) The petitioners’ committee withdraws the petition; or
(c) The Council repeals the ordinance; or
(d) The election results sustaining the ordinance have been
certified by the election authorities.

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Section 10.6 Action on Initiative, Referendum and Recall
Petitions

(a) Initiative and Referendum; Council Action. When an initiative or

referendum petition has been finally determined sufficient, the
Council shall promptly consider the proposed initiative ordinance in
the manner provided in Section 3.11, Legislative Proceedings, or
reconsider the referred ordinance voting its repeal. If the Council
fails to adopt a proposed initiative ordinance without any change in
substance, within sixty (60) calendar days, or fails to repeal the
referred ordinance within thirty (30) calendar days after the date
the petition was finally determined sufficient, it shall at the next
meeting of the Council thereafter fix a date for holding the election
to submit the proposed or referred ordinance to the voters of the
City.

(b) Initiative and Referendum; Submission to Voters. The vote on a

proposed or referred ordinance shall be held not less than ninety
(90) calendar days from the date the petition was finally
determined sufficient and not later than the next available regular
or special election date as established by the Missouri election
calendar in accordance with state law, for which timely notice may
be given. Copies of the proposed or referred ordinance shall be
made available at the polls.

(c) Recall. When a recall petition has been certified to the Council
as sufficient by the City Clerk, the Council shall, at its next meeting
after receipt of such certification, fix a date for holding the election.
The election shall be held at the next available regular or special
election date as established by the Missouri election calendar in
accordance with state law, for which timely notice may be given.

(d) Withdrawal of Petitions. An initiative, referendum or recall

petition may be withdrawn at any time prior to 5:00 p.m. on the
final day for certification, as prescribed by state law, by filing with
the City Clerk a request for withdrawal signed by at least four
members of the petitioners’ committee. Upon the filing of such
requests, the petition shall have no further force or effect and all
proceedings thereon shall be terminated.

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Section 10.7 Results of Election

(a) Initiative. If a majority of the qualified electors voting on a

proposed initiative ordinance vote in its favor, it shall be considered
adopted upon certification of the election results and shall be
treated in all respects in the same manner as ordinances of the
same kind adopted by the Council and approved by the Mayor. If
conflicting ordinances are approved at the same election, the one
receiving the greatest number of affirmative votes shall prevail to
the extent of such conflict.

(b) Referendum. If a majority of the qualified electors voting on a

referred ordinance vote to repeal it, it shall be considered repealed
upon certification of the election results.

(c) Recall. If a majority of the qualified electors voting at a recall

election shall vote in favor of the proposition to remove an official,
a vacancy shall exist in the office and such vacancy shall be filled as
provided by this Charter. If a majority of the qualified electors
voting at a recall election shall vote against the proposition to
remove an official, the official shall remain in office. An official who
has been removed from office by recall shall be ineligible to be
appointed to serve as a City official in any capacity at any time until
one (1) year after the expiration of the term for which the member
was elected.

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 ARTICLE XI.

FRANCHISES

Section 11.1 Granting of Franchises

All public franchises or privileges which the City is authorized to grant,

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 therefore has been filed
with the City Council, nor until a full public hearing has been held
thereon. Notice of all public hearings conducted hereunder shall be
given at least fifteen (15) days prior to such hearing by publishing
such notice at least once to the extent required by Missouri law. No
exclusive franchises shall ever be granted, and no franchise shall be
granted for a term longer 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 11.2 Right of Regulation

All public franchises and privileges, whether or not provided for in the
ordinance, shall be subject to the right of the Council to:

(a) Misuse-Nonuse. Repeal the same for misuse or nonuse, or for

failure to comply therewith, or shorten the term thereof for failure
to comply with the provisions of this Section and regulations
adopted in accordance with this Section or with the provisions of
the franchise ordinance.

(b) Efficiency. Require proper and adequate extension of plant and

service and the maintenance thereof at the highest practicable
standards of efficiency.

(c) Non-Discrimination. Establish reasonable standards of service

and quality of products and prevent unjust discrimination in service
or rates.

(d) Audit of Accounts. Make an independent audit and examination

of accounts at any time and require reports annually.

34
(e) Service to Public. Require continuous and uninterrupted service
to the public in accordance with the terms of the franchise
throughout the entire period thereof.

(f) Use of City Property. Control and regulate the use of the City
streets, alleys, bridges, easements, rights-of-way and public places,
and the space above and beneath them.

(g) Rates and Charges. Regulate rates, fares and charges and make
readjustments thereof from time to time, if the same are not
regulated by an applicable local, State or Federal agency.

(h) Other Regulations. 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 11.3 Temporary Permits

Temporary permits for the operation of public services utilizing public

streets, alleys, bridges, easements, rights-of-way and public places for
a period not to exceed two (2) years may be granted by the Council by
ordinance without public hearing. Such permit shall be subject to
amendment, alteration or revocation at any time at the will of the
Council, whether so provided in the ordinance or not. Any permit
granted hereunder shall in no event be construed to be franchise or an
extension or amendment of a franchise.

Section 11.4 Operation Beyond Franchise Period

Any operation by a franchise holder, with the tacit permission of the

City, beyond the period for which the franchise was granted shall
under no circumstance 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.

35
 ARTICLE XII.

LICENSING, TAXATION AND REGULATION OF

BUSINESS, OCCUPATIONS, PROFESSIONS,
VOCATIONS AND OTHER ACTIVITIES OR THINGS

Section 12.1 Objects of Licensing, Taxation and Regulation

The Council shall have the power by ordinance to license, tax and
regulate all businesses, occupations, professions, vocations, activities
or things whatsoever set forth and enumerated by the statues of this
state now or hereafter applicable to constitutional charter cities, or
cities of any class, or of any population group, and which any such
cities are now or may hereafter be permitted by law to license, tax and
regulate.

36
 ARTICLE XIII.

GENERAL PROVISIONS

Section 13.1 Personal Financial Interest

Any elected or appointed officer, employee, or member of any

committee, authority, board or commission of the City who has any
direct or indirect substantial financial interest (as defined by the
conflict of interest statutes of Missouri) (a) in any party transacting
business with the City, or (b) in the subject matter of any City
transaction, shall make known that interest and shall refrain from
voting upon or otherwise participating in his or her capacity as a City
officer, employee or member in such transaction. Any City officer,
employee or member who willfully conceals such a substantial financial
interest or willfully violates the requirements of this section shall be
guilty of malfeasance in office or position and shall forfeit the office or
position. Violation of this section with the express or implied
knowledge of the party transacting business with the City shall render
the transaction voidable by the City.

Section 13.2 Prohibitions

(a) Activities Prohibited

i. Discrimination. No person shall be appointed to or removed

from, or in any way favored or discriminated against with
respect to, any City position or appointive City administrative
office because of race, sex, age, disability, national origin,
political or religious opinions or affiliations.

ii. False Reports. No person shall willfully make any false

statement, certificate, marks, rating or report in regard to any
test, certification or appointment under the personnel provisions
of this Charter or the rules and regulations made thereunder or
in any manner commit or attempt to commit any fraud
preventing the impartial execution of such provisions, rules and
regulations.

iii. Undue Influence. No person who seeks appointment or

promotion with respect to any City position or appointive City
administrative office shall directly or indirectly give, render or

37
 pay any money, service or other valuable thing to any person for
or in connection with his or her test, appointment, proposed
appointment, promotion or proposed promotion.

(b) Penalties. Any person who willfully violates any of the provisions
of Section 13.2 (a), Activities Prohibited, shall be guilty of an
ordinance violation and upon conviction thereof shall be punishable
as may be provided by ordinance.

Section 13.3 Political Activity

The City may adopt such rules and regulations as the City deems
appropriate and not in conflict with Federal or State law with regard to
political activity of City employees. Any such rules and regulations
shall be set forth either in the personnel policy of the City or may be
established by ordinance.

Section 13.4 All Ordinances Effective on Municipal Land

In addition to all other powers herein granted, the City of Nixa shall
have the right and authority to administer and enforce all its municipal
ordinances within all areas owned or occupied by the City which are
outside of the corporate city limits.

Section 13.5 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 Administrator 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 therefore from the City.

Section 13.6 Official Bonds and Oath

(a) Every officer of the City and the officer’s assistants and every
Councilmember, before entering upon the duties of his/her office,
shall take and subscribe to an oath or affirmation before some court
or record in the County, or the City Clerk, that the person
possesses all the qualifications prescribed for the office by law; that
the person will support the Constitution of the United States and of
the State of Missouri, the provisions of all laws of this State
affecting cities of this class, and the ordinances of the City, and

38
 faithfully demean himself or herself while in office; which official
oath or affirmation shall be filed with the City Clerk.

(b) Every officer of the City, when required by law or ordinance,

shall, within fifteen (15) days after appointment or election, and
before entering upon the discharge of the duties of office, give bond
to the City in such sum and with such sureties as may be
designated by ordinance, conditioned upon the faithful performance
of the duties of office, and that he/she will pay over all monies
belonging to the City, as provided by law, that may come into the
person’s hands. The City shall pay the premiums on all such bonds.

(c) If any person elected or appointed to any office shall fail to take
and subscribe such oath or affirmation or to give bond as herein
required, the office shall be deemed vacant. For any breach of
condition of any such bond, suit may be instituted thereon by the
City, or by any person in the name of the City, to the use of such
person.

Section 13.7 Charter Amendment

Amendments to this Charter may be framed and submitted to the

electors by a commission in the manner provided by law and the
Missouri Constitution for framing and submitting a complete charter.
Amendments may also be proposed by the Council, by the Charter
Review Commission, or by petition of not less than ten percent of the
qualified electors of the city, filed with the City Clerk in the manner
prescribed for initiative petitions in Article X, setting forth the proposed
amendment(s). 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 this 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.

Section 13.8 Charter Review Commission

Within ten (10) years of the approval of this Charter, the Council shall
provide for a Charter Review Commission for a one time mandatory
review. Thereafter, from time to time, but no less often than every
ten (10) years, the Council shall review and consider by majority vote,

39
providing for a Charter Review Commission to review this Charter and
recommend to the voters of the City proposed amendments, if any, to
this Charter. The members of the Charter Review Commission shall be
selected by the Council. The Charter Review Commission shall consist
of nine (9) qualified voters for the City, none of whom shall be an
elected official of the City. No more than three (3) of the Commission
member’s shall reside in any one Council District. The Charter Review
Commission shall, within twelve months of its first meeting, report to
the voters as many amendments to the Charter as it shall deem
advisable.

Section 13.9 Public Improvements and Special Assessments

(a) Improvements. The procedure for making, altering, vacating or

abandoning a public improvement shall be governed by general
ordinance, consistent with applicable state law.

(b) Special Assessments. The procedure for levying, collecting and

enforcing 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.

Section 13.10 Proof of Ordinance

Any ordinance may be proved by a copy thereof certified by the City

Clerk under the seal of the city. When printed and published by
authority of the City, the certified copy shall be received in evidence in
all courts, or other places, without further proof of authenticity.

Section 13.11 Separability

If any provision of this Charter is held invalid, the other provisions of

the Charter shall not be affected thereby. If the application of the
Charter or any of its provisions to any person or circumstances is held
invalid, the application of the Charter and its provisions to other
persons or circumstances shall not be affected thereby.

40
 ARTICLE XIV.

TRANSITIONAL PROVISIONS

Section 14.1 Personnel System

An employee holding a City position at the time this Charter takes full
effect, who was serving in that same or a comparable position at the
time of its adoption, shall not be subject to competitive tests as a
condition of continuance in the same position but in all other respects
shall be subject to the personnel system established pursuant to
Section 7.2, Personnel System.

Section 14.2 Continuance of Taxes, Assessments and Fees

Except as otherwise provided by this Charter, all existing taxing

authorizations, assessments and fees adopted by the people of the
city, or authorized by the City, are hereby continued in full force and
effect until modified or discontinued in the manner provided by this
Charter or law.

Section 14.3 Ordinances to Remain in Force

All ordinances, resolutions and regulations in force at the time this

Charter takes effect, or at the time this Charter is amended, 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 14.4 Pending Actions and Proceedings

No action or proceeding, civil or criminal, pending at the time this

Charter, or any amendment hereto, 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 contained herein.

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Section 14.5 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, or any amendments hereto, 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 that 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.

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 ARTICLE XV.

SCHEDULE

Section 15.1 Election to Adopt Charter

This Charter shall be submitted to the voters of the City of Nixa at the
regular municipal election to be held April 6th, 2010. The election shall
be administered by the officials now charged with the responsibility for
the conduct of municipal elections.

Section 15.2 Election of City Officials

(a) Incumbents. All officials elected on April 6th, 2010 shall serve a
one (1) year term. All officials elected prior to April 6th, 2010 who
would continue in office shall continue in office for the duration of
the term to which they were elected.

(b) At the municipal election in April of 2011 Council Members shall

be elected to serve staggered three (3) year terms. At the first
election under this charter, six (6) Council Members shall be
elected. Of the Council Members elected at the first such election,
one (1) Council Member from Districts one (1) and two (2) shall
serve only one (1) year terms; one (1) Council member from
districts two (2) and three (3) shall serve only two (2) year terms;
and one (1) Council Member from Districts three (3) and one (1)
shall serve three (3) year terms. Subsequent to the April 2011
election , the Council Member shall be elected to fill the positions of
those whose terms expire and shall serve full three (3) year terms.

(c) At the municipal election in April of 2011 and every third year
thereafter, the Mayor shall be elected to serve a full three (3) year
term.

Section 15.3 Time of Taking Full Effect

After its adoption by the voters, this Charter shall be in effect at the
first meeting after certification of those election results, with the Mayor
and Aldermen in office at the date this Charter is adopted operating
within the Charter as Mayor and Council Members.

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Section 15.4 Temporary Ordinances

At its first meeting, or at any meeting held within sixty days

thereafter, the Council may adopt temporary ordinances to deal with
cases in which there is an urgent need for prompt action in connection
with the transition of government and in which the delay incident to
the appropriate ordinance procedure likely would cause serious
hardship or impairment of effective City government. Every
temporary ordinance shall be plainly labeled as such but shall be
introduced in the form and manner prescribed for ordinances
generally. A temporary ordinance may be considered and may be
adopted, with or without amendment, or rejection at the meeting at
which it is introduced. A temporary ordinance shall become effective
upon adoption, or at such later time preceding automatic repeal under
this subsection as it may specify, and the referendum power shall not
extend to any such ordinance. Every temporary ordinance, including
any amendments made thereto after adoption, shall automatically
stand repealed as of the 91st day following the date on which it was
adopted, and it shall not be readopted, renewed or otherwise
continued except by adoption in the manner prescribed in Section
3.11, Legislative Proceedings, for ordinances of the kind concerned.

Section 15.5 Purpose of Schedule

The purpose of the foregoing provisions is to provide a transition from

the present government of the City of Nixa, Missouri, to the new
government provided for in this Charter, and to inaugurate the new
government under the provisions of this Charter. They shall constitute
a part of this Charter only to the extent and for the time required to
accomplish that aim.

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