Posted: Wednesday, June 6, 2024, 10:00 a.m.

NOTICE OF OPEN MEETING & VOTE TO CLOSE PART OF THE MEETING
Notice is hereby given that the City of Memphis Board of Aldermen will conduct an open meeting at
6:30 pm on Thursday, June 6, 2024, at the Memphis City Hall, 125 W. Jefferson, Memphis, Missouri.
The tentative agenda of this meeting includes:
• CALL TO ORDER
• ROLL CALL
• PLEDGE OF ALLEGIANCE
• MINUTES/CORRECTIONS/ADDITIONS
• PAYMENT OF BILLS
• CITIZEN PARTICIPATION
• UNFINISHED BUSINESS
• CDL / TRAINING CONTRACTS

• NEW BUSINESS
 ORDINANCE 24-4
 DAR PROCLAMATION
 LIQUOR LICENSE

BILL NO. _1200____ ORDINANCE NO. _24 – 4____

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF MEMPHIS, COUNTY OF SCOTLAND, STATE OF MISSOURI; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF MEMPHIS, COUNTY OF SCOTLAND, STATE OF MISSOURI, AS FOLLOWS:

Section 1. Approval, Adoption and Enactment of Code.

Pursuant to Section 71.943 of the Revised Statutes of Missouri, the codification of ordinances, as set out in Titles I through VII, each inclusive, of the “Code of Ordinances of the City of Memphis, County of Scotland, State of Missouri,” is hereby adopted and enacted as the “Code of Ordinances of the City of Memphis”; which shall supersede all other general and permanent ordinances of the City passed on or before December 7, 2023, to the extent provided in Section 3 hereof.

Section 2. When Code Provisions Effective.

All provisions of such Code shall be in full force and effect from and after the effective date of this ordinance as set forth herein.
Section 3. Repeal of Legislation Not Contained in Code; Legislation Saved From Repeal; Matters Not Affected By Repeal.

A. All ordinances of a general and permanent nature of the City adopted on final passage on or before December 7, 2023, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:

1. Ordinances promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds or notes of the City or any other evidence of the City’s indebtedness, or authorizing any contract or obligation assumed by the City.

2. Ordinances levying taxes or making special assessments.

3. Ordinances appropriating funds or establishing salaries and compensation, and providing for expenses.

4. Ordinances granting franchises or rights to any person, firm, or corporation.

5. Ordinances relating to the dedication, opening, closing, naming, establishment of grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks or public places.
6. Ordinances authorizing or relating to particular public improvements.

7. Ordinances respecting the conveyances or acceptance of real property or easements in real property.

8. Ordinances dedicating, accepting or vacating any plat or subdivision in the City or any part thereof, or providing regulations for the same.

9. Ordinances annexing property to the City.

10. All zoning and subdivision ordinances not specifically repealed and not included herein.

11. Ordinances establishing TIF districts or redevelopment districts.

12. Ordinances relating to traffic schedules (e.g., stop signs, parking limits, etc.).

13. All ordinances relating to personnel regulations (e.g., pensions, retirement, job descriptions and insurance, etc.).

14. Ordinances authorizing the establishment of industrial development corporations.

15. Ordinances establishing tax rates for the City.

16. Ordinance No. 1101, adopted August 2, 2018, regarding Conflicts of Interest, and any subsequent amendments or reenactments.

17. Provisions regarding Police Department policy, practices, and procedures, including the following: R.O. 2001 Chapter 200, Police Department, Article II, Police Department Provisions, and Article IV, Rules
and Regulations For Use of Deadly Force By Police Officers; and R.O. 2001 Chapter 375, Procedure on Arrest.

B. The repeal provided for in this Section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

C. The repeal provided for in this Section shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance, nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to such date.

Section 4. Amendments To Code.

Any and all additions and amendments to such Code when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the “Code of Ordinances of the City of Memphis” shall be understood and intended to include such additions and amendments.

Section 5. Violations and Penalties.

A. Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the City prison or workhouse instead of the County Jail.

B. Whenever any provision of the Revised Statutes of Missouri or other Statute of the State limits the authority of the City to punish the violation of any particular provision of these ordinances or rules, regulations or orders promulgated pursuant thereto to a fine of less amount than that provided in this Section or imprisonment for a shorter term than that provided in this Section, the violation of such particular provision of these ordinances or rules, regulations or orders shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine and imprisonment.

C. Whenever any provision of the Revised any offense established by these ordinances, rules, regulations or other orders of the City, the violation of such City law, ordinance, rule, regulation or order shall be punished by the fine or imprisonment established for such similar offense by such State law.

D. Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

E. Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.

Section 6. Applicability of General Penalty.
In case of the amendment by the Board of Aldermen of any Section of such Code for which a penalty is not provided, the general penalty as provided in Section 5 of this ordinance shall apply to the Section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.
Section 7. Filing of Copy of Code; Codes To Be Kept Up-To-Date.

A copy of such Code shall be kept on file in the office of the City Clerk, preserved in loose-leaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of 4 the City Clerk, or someone authorized by said officer, to insert in their designated places all amendments and all ordinances or resolutions which indicate the intention of the Board of Aldermen to make the same part of such Code when the same have been printed or reprinted in page form and to extract from such Code all provisions which from time to time may be repealed by the Board of Aldermen. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. Altering or Tampering With Code; Violations and Penalties.

It shall be unlawful for any person to change or alter by additions or deletions any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Memphis to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 5 of this ordinance.

Section 9. Severability.

It is hereby declared to be the intention of the Board of Aldermen that the Sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or Section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this ordinance or the Code hereby adopted.

Section 10. Effective Date.

This ordinance and the Code adopted hereby shall become effective on the 6TH day of June, 2024.
Statutes of Missouri or other Statute of the State establishes a penalty d PASSED AFTER HAVING BEEN READ BY TITLE TWO TIMES PRIOR TO PASSAGE BY THE BOARD OF ALDERMEN OF THE CITY OF MEMPHIS, MISSOURI, THIS 6TH DAY OF JUNE, 2024.

APPROVED BY THE MAYOR OF THE CITY OF MEMPHIS, MISSOURI, THIS 6TH DAY OF JUNE, 2024.

David M. Ahland, Mayor

ATTEST: Jessica Newcomer, City Clerk

SEMIQ UINCENTENNIAL ANNIVERSARY PROCLAMA TION
Offered by the National Society Daughters of the American Revolution
To the City of Memphis, and Mayor Mike Ahland.
WHEREAS; On July 4, 2026, our nation will commemorate the Semi quincentennial anniversary of the signing of the Declaration of Independence; and
WHEREAS; The journey toward this historic milestone is an opportunity to reflect on our nation’s past, honor the contributions of all Americans, and look ahead to the future generations who will carry forward the ideals of democracy and individual liberty that make the United States a unique nation in the world community; and
WHEREAS; The great state of Missouri was founded by the Revolutionary War generation and their children pressing west into the Missouri territory in 1812 which was purchased from France to the United States.
WHEREAS; The National Society Daughters of the American Revolution (DAR) is a non-political women’s service organization, established in 1890, whose members are lineally descended from Patriots of the American Revolution; and
WHEREAS; Through the President General’s leadership, all daughters are spending the next two years Celebrating Stars & Stripes Forever and Rejoicing in our DAR Ties of Service and Friendship by celebrating our nation’s rich history and diversity, promoting belonging through membership and dedicated service to God, Home, and Country, and by completing projects in unique, local and impactful ways; and
WHEREAS; The Missouri Daughters on July 4, 2026, will celebrate our nation’s rich history by honoring all men and women who achieved American Independence. We will commemorate the Semi quincentennial anniversary of the signing of the Declaration of Independence.
NOW THEREFORE BE IT RESOLVED THAT 1, Mike Ahland, Mayor of Memphis commend this commemoration to all our City residents.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and official seal

Mayor, Mike Ahland June 6, 2024

• REPORTS
 Department Heads
 City Administrator
 Clerk
 Attorney
 Aldermen
 Mayor
• MISCELLANEOUS
• ADJOURN

• The tentative agenda of this meeting includes a vote to close part of this meeting pursuant to RSMo. 610.021(3) – hiring, firing, disciplining or promoting of particular employees; RSMo. 610.021(1) – legal actions, causes of action or litigation and any confidential or privileged communications between a public governmental body and its attorneys.