[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.