[Ord. No. 862 §1, 7-30-1981]
A. 
There is hereby established the City of Hermann Arts Council, which shall serve the purpose of encouraging and sponsoring within the City of Hermann a variety of musical, theatrical, dramatic, and other performing arts programs, and generally for the advancement of cultural awareness and the arts within the City. Such Arts Council may achieve said purposes by the direct sponsorship of such events or by cooperation in a joint venture with such other individuals or entities as may from time to time be engaged in similar activities within the City, subject to applicable limitations on the expenditure of public money for only public purposes.
B. 
The Arts Council shall be and function as a special advisory body to the Mayor and Board of Aldermen, vested with primary responsibility for and authority over the promotion of public arts activities within the City as stated in this Article. The Council shall have authority to negotiate on behalf of the City with such performers, promoters, agents, and the like as are determined by the Council to have the means to furnish qualifying and desirable arts activities for the City, and also to negotiate and cooperate with the Missouri Arts Council and such other public, governmental, civic or private organizations as may offer funds, services, or assistance which would enable the Council to achieve its purposes.
C. 
All contracts negotiated as provided above shall be executed in the name of the City of Hermann; but in so doing, the Mayor and Board of Aldermen shall first give due regard to the timely recommendations of the Arts Council on all such matters directly related to its area of responsibility. In addition to such annual or more frequent reports by the Arts Council to the Mayor and Board of Aldermen as may otherwise be required by this Article, the Arts Council shall also make reports and recommendations whenever official action by the City is needed on any arts-related matter. Such reports and recommendations may be presented in writing or by personal appearance by the Chairman before the Board, and shall be given sufficiently in advance of the time when such action is required.
D. 
The determination of the content of arts programs and activities sponsored by the Arts Council shall be the sole responsibility of the Arts Council. The Arts Council shall prepare annually a schedule of arts programs for the coming fiscal year, and shall prepare a budget for such fiscal year setting forth the total projected costs of such programs and anticipated revenues available to the Arts Council, including projected admission charges but excluding any requested appropriation from the general revenues of the City. The Arts Council shall submit its written report on the schedule of programs and budget for such coming fiscal year to the Board of Aldermen not later than the first (1st) regular meeting in June, so that any requests made by the Arts Council for supplemental appropriations from the City may be considered adequately prior to preparation of the general budget for the City's next fiscal year. The Board of Aldermen shall then notify the Arts Council by not later than the first (1st) regular meeting in July of that year of its decision on the request for appropriations. To the extent that the schedule of arts programs does not require the expenditure of funds from the general revenues of the City, the only active role of the Board of Aldermen and other city officials shall be performance of ministerial duty of execution of contracts upon the recommendation of the Arts Council.
E. 
The fiscal year of the Arts Council shall be the same as the fiscal year of the City of Hermann.
[Ord. No. 862 §2, 7-30-1981; Ord. No. 1245 §1, 12-9-1996]
A. 
The City of Hermann Arts Council shall consist of twelve (12) members, appointed by the Mayor with the approval of the Board of Aldermen. Members shall be appointed to a term of three (3) years and shall serve until their successors are duly appointed; except that in the first (1st) year of existence of the Arts Council following adoption of this Article, the members so appointed and serving shall by random selection be divided into three (3) groups of as nearly equal size as possible, if not equal, and the members in the first (1st) group shall be appointed to an initial term of one (1) year, members in the second (2nd) group to an initial term of two (2) years, and members in the third (3rd) group to an initial term of three (3) years; and further except that in the year of passage of the amendment increasing the number of members to twelve (12) from nine (9), of the three (3) new members so appointed, one (1) shall be appointed to an initial term of one (1) year, one (1) to an initial term of two (2) years, and one (1) to an initial term of three (3) years. Thereafter, upon the expiration of each term, the successor shall be appointed to a term of three (3) years. However, each member shall serve on the Arts Council at the will of the Mayor, and any member may be removed with or without cause by the Mayor and a majority of the Board of Aldermen. There is no limit on the number of terms a member may serve and a member may succeed himself.
B. 
In the event of a vacancy on the Arts Council, whether from death, resignation, or removal of a member, the Mayor shall as quickly as possible appoint a successor to fill the remainder of the unexpired term of such member.
C. 
No member of the Arts Council shall receive any compensation for the performance of his duties as member, but members may be reimbursed from the budgeted funds of the Arts Council for any actual out-of-pocket expense incurred in the performance of such duties, upon approval of a majority of the Arts Council.
D. 
The Arts Council shall elect annually from its own members a Chairman and Secretary and such other officers as may be provided in its bylaws. The Chairman shall be the chief executive officer for the Arts Council and shall be responsible for reporting to the Board of Aldermen the activities of the Arts Council whenever required or advisable.
E. 
The Arts Council shall be authorized to adopt and amend from time to time such bylaws as it may deem necessary to prescribe the manner of performing its duties, so long as not inconsistent with this Article or requirements of law. Such bylaws may prescribe, among other things: The number, type, and duties of its officers; the place and times of its regular meetings; the number of persons to constitute a quorum, so long as not fewer than four (4); the adoption of rules of order; the appointment and delegation of duties to committees; internal financial controls.
[Ord. No. 862 §3, 7-30-1981]
A. 
There is hereby established and authorized a separate fund of the City of Hermann, to be known as the Arts Fund. Such fund shall be composed of appropriations made by the Board of Aldermen from the general revenues or other available resources of the City for accomplishment of the purposes of the Arts Council, plus other funds deposited by the Arts Council from donations, grants, admission charges or other sources available to it and intended for use in arts programs in the City. Such funds shall be used exclusively to promote the purposes for which the Arts Council is created, as stated in this Article. Such funds shall be considered public moneys and shall be subject to the same investment, safekeeping and auditing standards applicable to other city funds; and may be drawn upon only by such city officers as are authorized to draw upon other city funds, but only pursuant to warrants, vouchers, purchase orders, or other written directions signed by the Chairman or other designated officer of the Arts Council.
B. 
In the event of dissolution of the City of Hermann Arts Council, for any reason, any money remaining in the Arts Fund which is an unexpended and uncommitted portion of an appropriation from the general revenues of the City shall be returned to such general revenues; and any remaining balance shall be maintained and used, if feasible, for purposes consistent with those of the Arts Council, and may be transferred to a similar public or governmental body or not-for-profit corporation whose main purpose is promotion of the arts and cultural awareness within the Hermann area.