Cross Reference — As to vacation of streets or alleys,
see app. II of this chapter.
[R.O. of 1943, Ch. 1 §1]
The city limits of the City of Hermann, Gasconade County, Missouri,
shall hereafter, until altered or changed, be known and described
by and according to metes and bounds, corners, courses and distances,
to-wit — Beginning at a point in the middle of the main channel
of the Missouri River, due north from the Quarter Section corner between
Sections twenty-six (26) and thirty-five (35), Township forty-six
(46) north, Range five (5) west of the fifth (5th) principal meridian;
thence running due south to the southwest corner of the Northwest
Quarter of the Southeast Quarter of Section No. thirty-five (35),
Township No. forty-six (46) north, Range five (5) west; thence due
east eighty (80) Chains; thence due north twenty (20) Chains; thence
due east twenty (20) Chains; thence due north to the middle of the
main channel of the Missouri River; and thence westerly along the
middle of said main channel of the Missouri River to the place of
beginning.
[1]
See Appendix I to this Chapter.
[R.O. of 1943, Chs. 20-21]
A.
BOARD OF ALDERMEN
CITY
COMPUTATION OF TIME
COUNTY
GENDER
JOINT AUTHORITY
MONTH
NUMBER
OATH
OWNER
PERSON
PRECEDING, FOLLOWING
PROPERTY
PUBLIC WAY
REAL PROPERTY
SHALL, MAY
SIDEWALK
SIGNATURE
STATE
STREET
TENANT, OCCUPANT
WRITING
YEAR
In
the construction of this Code and of all other ordinances of the City,
the following definitions and rules of construction shall be observed,
unless it shall be otherwise expressly provided in any Section or
ordinance, or unless inconsistent with the manifest intent of the
Board of Aldermen, or unless the context clearly requires otherwise:
The words "Board of Aldermen" or "The Board" shall mean Board of Aldermen of the City of
Hermann.
The City of Hermann, Missouri.
The time within which an act is to be done shall be computed
by excluding the first and including the last day; and if the last
day is Sunday or a legal holiday, that shall be excluded.
The County of Gasconade, State of Missouri.
When any subject matter, party or person is described or
referred to by words importing the masculine, females as well as males,
and associations and bodies corporate as well as individuals, shall
be deemed to be included.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons, unless
otherwise declared in the law giving the authority.
A calendar month.
When any subject matter, party or person is described or
referred to by words importing the singular number, the plural and
several matters and persons and bodies corporate shall be deemed to
be included.
Shall be construed to include an affirmation in all cases
in which, by law, an affirmation may be substituted for an oath, and
in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
Applied to a building or land, shall include any part owner,
joint owner, tenant in common, joint tenant or tenant by the entirety,
of the whole or a part of such building or land.
Shall include a corporation, firm, partnership, association,
organization and any other group acting as a unit as well as individuals.
It shall also include an executor, administrator, trustee, receiver
or other representative appointed according to law. Whenever the word "person" is used in any Section of this Code prescribing
a penalty or fine, as to partnerships or associations, the word shall
include the partners or members thereof, and as to corporations, shall
include the officers, agents or members thereof who are responsible
for any violation of such Section.
Shall mean next before and next after, respectively.
Shall include real and personal property.
Shall include any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The terms "real property", "premises", "real estate" or "lands" shall be deemed to be co-extensive with
lands, tenements and hereditaments.
"Shall" is mandatory, "May" is permissive.
That portion of the street right of way between the curb
line and the adjacent property line which is intended for the use
of pedestrians.
Where the written signature of any person is required, the
proper handwriting of such person or his mark shall be intended.
The State of Missouri.
Shall mean and include any public way, highway, street, avenue,
boulevard, parkway, alley or other public thoroughfare, and each of
such words shall include all of them.
Applied to a building or land, shall include any person who
occupies the whole or a part of such building or land, whether alone
or with others.
Shall include printing, lithographing or other mode of representing
words and letters, but in all cases where the signature of any person
is required, the proper handwriting of the person, or his mark, is
intended.
A calendar year, unless otherwise expressed.
B.
All
general provisions, terms, phrases and expressions contained in this
Code shall be liberally construed in order that the true intent and
meaning of the Board of Aldermen may be fully carried out.
[Ord. No. 1066 §§1 —
7, 8-27-1990; Ord. No.
1382 §1, 8-12-2002; Ord. No. 1434 §1, 9-13-2004; Ord. No. 1737 §1, 3-10-2008]
A.
All
meetings, records and votes are open to the public, except the Board
of Aldermen may close any meeting, record or vote relating to the
following:
1.
Legal actions, causes of action or litigation involving the Board
of Aldermen and any confidential or privileged communications between
the Board of Aldermen or its representatives and its attorneys. However,
any vote relating to litigation involving the Board of Aldermen shall
be made public upon final disposition of the matter voted upon; provided
however, in matters involving the exercise of the power of eminent
domain, the vote shall be announced or become public immediately following
the action on the motion to authorize institution of such a legal
action. Legal work product shall be considered a closed record.
2.
Lease, purchase or sale of real estate by the Board of Aldermen where
public knowledge of the transaction might adversely affect the legal
consideration therefore. However, any vote or public record approving
a contract relating to the lease, purchase or sale of real estate
by the Board of Aldermen shall be made public upon execution of the
lease, purchase or sale of the real estate.
3.
Hiring, firing, disciplining or promoting an employee of the City.
However, any vote on a final decision, when taken by the Board of
Aldermen, to hire, fire, promote or discipline an employee of the
City must be made available to the public with a record of how each
member voted within seventy-two (72) hours of the close of the meeting
where such action occurs; provided however, that any employee so affected
shall be entitled to prompt notice before such decision is made available
to the public.
4.
Non-judicial mental or physical health proceedings involving identifiable
persons, including medical, psychiatric, psychological or alcoholism
or drug dependency diagnosis or treatment.
5.
Testing and examination materials, before the test or examination
is given or, if it is to be given again, before so given again.
6.
Welfare cases of identifiable individuals.
7.
Preparation, including any discussions or work product, on behalf
of the City or its representatives for negotiations with employee
groups.
8.
Software codes for electronic data processing and documentation thereof.
9.
Specifications for competitive bidding, until either the specifications
are officially approved by the Board of Aldermen or the specifications
are published for bid.
10.
Sealed bids and related documents until the earlier of either when
the bids are opened or all bids are accepted or all bids are rejected.
11.
Individually identifiable personnel records, performance ratings
or records pertaining to employees or applicants for employment, except
that this exemption shall not apply to the names, positions, salaries
and lengths of service of officers and employees of public agencies
once they are employed as such.
12.
Records that are protected from disclosure by law.
13.
Meetings and public records relating to scientific and technological
innovations in which the owner has a proprietary interest.
14.
Confidential or privileged communications between the City and its
auditor, including all auditor work product.
15.
Operational guidelines and policies developed, adopted or maintained
by any public agency responsible for law enforcement, public safety,
first response or public health for use in responding to or preventing
any critical incident which is or appears to be terrorist in nature
and which has the potential to endanger individual or public safety
or health. Nothing in this exception shall be deemed to close information
regarding expenditures, purchases or contracts made by an agency in
implementing these guidelines or policies. When seeking to close information
pursuant to this exception, the agency shall affirmatively state in
writing that disclosure would impair its ability to protect the safety
or health of persons and shall in the same writing state that the
public interest in non-disclosure outweighs the public interest in
disclosure of the records. This exception shall sunset on December
31, 2008.
16.
Existing or proposed security systems and structural plans of real
property owned or leased by the City and information that is voluntarily
submitted by a non-public entity owning or operating an infrastructure
to the City for use by the City to devise plans for protection of
that infrastructure, the public disclosure of which would threaten
public safety.
Records related to the procurement of or expenditures relating
to security systems purchased with public funds shall be open.
When seeking to close information pursuant to this exception,
the Board of Aldermen shall affirmatively state in writing that disclosure
would impair the Board of Aldermen's ability to protect the security
or safety of persons or real property and shall in the same writing
state that the public interest in non-disclosure outweighs the public
interest in disclosure of the records.
Records that are voluntarily submitted by a non-public entity
shall be reviewed within ninety (90) days of submission to determine
if retention of the document is necessary in furtherance of a security
interest. If retention is not necessary, the documents shall be returned
to the City or destroyed.
17.
Records that identify the configuration of components or the operation
of a computer, computer system, computer network or telecommunications
network and would allow unauthorized access to or unlawful disruption
of a computer, computer system, computer network or telecommunications
network of the City. This exception shall not be used to limit or
deny access to otherwise public records in a file, document, data
file or database containing public records. Records related to the
procurement of or expenditures relating to such computer, computer
system, computer network or telecommunications network, including
the amount of monies paid by or on behalf of the City for such computer,
computer system, computer network or telecommunications network, shall
be open.
18.
Credit card numbers, personal identification numbers, digital certificates,
physical and virtual keys, access codes or authorization codes that
are used to protect the security of electronic transactions between
the City and a person or entity doing business with the City. Nothing
in this Section shall be deemed to close the record of a person or
entity using a credit card held in the name of the City or any record
of a transaction made by a person using a credit card or other method
of payment for which reimbursement is made by the City.
B.
All
records that may be closed hereby are deemed closed records unless
the Board of Aldermen votes to make them public. Before closing a
meeting to the public, a majority of a quorum of the Board of Aldermen
must vote to do so in a public vote. The vote of each member of the
Board of Aldermen on the question of closing the meeting or vote and
the reason for closing the meeting by reference to a specific exception
shall be announced at a public meeting and entered into the minutes.
C.
The City Clerk shall give notice of the time, date and place of a closed meeting and the reason for holding it by reference to a specific exception. The notice shall be the same as in Subsection (D) below. No other business may be discussed in a closed meeting that does not directly relate to the specific reason announced to close the meeting to the public. Public governmental bodies holding a closed meeting must close only an existing portion of the meeting facility necessary to house the members of the Board of Aldermen in the closed session, allowing members of the public to remain to attend any subsequent open session held by the Board of Aldermen following the closed session.
D.
The
City Clerk shall give notice of the time, date, place and tentative
agenda of each meeting. The notice shall be placed on the appropriate
bulletin board at City Hall at least twenty-four (24) hours, exclusive
of weekends and holidays, prior to the meeting. If an emergency makes
it impossible to give twenty-four (24) hours' notice, the reason must
be reflected in the minutes. Notice also shall be given to any representative
of the news media who requests notice of a particular meeting.
E.
Each
meeting shall be held at a place reasonably accessible to the public
and at a time reasonably convenient to the public unless for good
cause such a place or time is impossible or impractical. When it is
necessary to hold a meeting on less than twenty-four (24) hours' notice
or at a place that is not reasonably accessible to the public or at
a time that is not reasonably convenient to the public, the nature
of the good cause justifying that departure from the normal requirements
shall be stated in the minutes.
F.
A formally
constituted subunit of the Board of Aldermen may conduct a meeting
without notice during a lawful meeting of the Board of Aldermen, a
recess in that meeting or immediately following that meeting if the
meeting of the subunit is publicly announced at the parent meeting
and the subject of the meeting reasonably coincides with the subjects
discussed or acted upon by the Board of Aldermen.
G.
A public
body shall allow for the recording by audiotape, videotape or other
electronic means of any open meeting. The City may establish guidelines
regarding the manner in which such recording is conducted so as to
minimize disruption to the meeting. No audio recording of any meeting,
record or vote closed pursuant to the provisions of Section 610.021,
RSMo., shall be permitted without permission of the City; any person
who violates this provision shall be guilty of a class C misdemeanor.
H.
Any
member of the City's Board or administration who transmits any message
relating to public business by electronic means shall also concurrently
transmit that message to either the member's public office computer
or the custodian of records in the same format. The provisions of
this Section shall only apply to messages sent to two (2) or more
members of that body so that, when counting the sender, a majority
of the body's members are copied. Any such message received by the
custodian or at the member's office computer shall be a public record
subject to the exceptions above.
I.
The
City Clerk shall be the custodian of records and will be responsible
for maintenance and control of all records; provided however, that
the City Attorney shall be the custodian of all records related to
matters which are the subject of any pending lawsuit filed by or against
the City. The City Clerk or City Attorney, as the case may be, as
custodian, shall provide public access to all public records as soon
as possible, but no later than the third (3rd) business day following
the date the request is received by the custodian. If additional delay
is necessary, the custodian shall give an explanation for the delay
and the date the record will be available for inspection.
If a request for access is denied, the custodian shall provide,
upon request, a written statement of the grounds for such denial.
Such statement shall cite the specific provision of law under which
access is denied and shall be furnished to the requester no later
than the end of the third (3rd) business day following the date the
request for the statement is received.
The custodian shall charge a rate not to exceed ten cents ($.10)
per page (each page shall not exceed nine (9) inches by fourteen (14)
inches in size), the average hourly rate for clerical staff for duplicating
time and the actual cost of research time. The custodian shall receive
(or may require) payment prior to duplicating copies.
Fees for providing access to public records maintained on computer
facilities, recordings, tapes or disks, videotapes or films, pictures,
maps, slides, graphics, illustrations or similar audio or visual items
or devices and for paper copies larger than nine (9) by fourteen (14)
inches shall include the cost of copies, staff time, which shall not
exceed the average hourly rate of pay for staff of the City required
for making copies and programming, if necessary, and the cost of the
disk, tape or other medium used for the duplication. Fees for maps,
blueprints or plats that require special expertise to duplicate may
include the actual rate of compensation for the trained personnel
required to duplicate such maps, blueprints or plats. If programming
is required beyond the customary and usual level to comply with a
request for records or information, the fees for compliance may include
the actual costs of such programming.
[Ord. No. 986 §§1 —
7, 6-23-1986; Ord. No.
1800 §1, 9-14-2009]
A.
No
property owned by the City of Hermann, whether real, personal, or
mixed, may be sold, conveyed, or otherwise disposed of except in strict
conformance to the requirements of this Section.
B.
The
Board of Aldermen may, by affirmative vote of a majority of such Board,
declare any property owned by the City, except for public utility
property or any other property for which a different procedure of
disposition is required by State law, to be surplus property and no
longer necessary to the performance of any official function of the
City or its various departments.
C.
The
Board of Aldermen shall specify, by motion or resolution, the method
of disposition to be used for any such item of property, and shall
state whether such property is to be exposed for sale at public auction
or by receipt of sealed bids. In either case, the City shall reserve
to itself the right to reject any and all bids. Surplus property shall
be sold only for cash and to the highest bidder.
D.
After
the declaration of such surplus property and election of the method
of disposal as provided in this Section, the City Administrator shall
promptly give notice to the public, by publication for not less than
two (2) consecutive weeks in a weekly newspaper published within the
City of Hermann, of the prospective sale of such surplus property,
describing the property, terms of sale, and the date and place at
which such sale shall occur or at which time sealed bids are to be
opened.
E.
Any
public sale conducted pursuant to this Section shall be at 1902 Jefferson
Street, in the City of Hermann, or at such other place selected by
the Board of Aldermen and specified in the public notice. A public
sale shall be conducted by the City Administrator or by his designee,
which may be, at the option of the City Administrator, a professional
auctioneer.
F.
In
the event no bids are received or accepted by the City for any item
of surplus property, the Board of Aldermen may by motion, and in a
closed executive session if deemed appropriate by the Board of Aldermen,
determine a minimum price to be required by the City for the sale
of any such item. Thereafter, the City Administrator may endeavor
to sell any such item of surplus property at private sale, for a price
equal to or in excess of such specified minimum price.
G.
Any
other provision of this Section notwithstanding, the Board of Aldermen
shall have and hereby reserves to itself the power to determine that
any item of surplus property has no present market value and may be
sold for scrap or otherwise disposed of as the Board may determine
appropriate.
[Ord. No. 761 §§1-2, 11-13-1978]
A.
Any
person, firm, company or other legal entity who makes payable a check
to the City of Hermann or any of its agencies which is refused or
dishonored because of the failure to maintain an account in the bank
upon which the check is drawn or because of insufficient funds in
the maker's account shall have imposed upon him by the City Collector
an additional fee of ten dollars ($10.00).
B.
The
City Collector is directed to collect the charge directly from the
maker of the instrument, or, if the instrument was made in payment
of a bill which the City is required to collect, such as water, sewer
or electric bills, the Collector is authorized to add the charge to
the amount of the bill, non-payment of which will result in termination
of the service, as provided by law or ordinance.
