City of Hollister, MO
Taney County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Section 115.010 Creation.

[Ord. No. 93-41 §§1 — 4, 9-2-1993; Ord. No. 04-06 §§1 — 6, 2-19-2004]
A. 
There is hereby created a Commission to be known as the "Tax Increment Financing Commission of the City of Hollister, Missouri," (the "Commission").
B. 
Appointment Of Members. The Commission shall consist of eleven (11) members, six (6) of whom shall be appointed by the Mayor with the consent of a majority of the Board of Aldermen, and five (5) of whom shall be appointed as provided in the Act.
C. 
Terms Of Members. The members appointed by the Mayor shall serve terms of four (4) years, except that two (2) members shall initially be designated to serve for terms of two (2) years, two (2) members shall initially be designated to serve for terms of three (3) years, and two (2) members shall initially be designated to serve for terms of four (4) years. The members appointed by the other taxing jurisdictions as provided in the Act shall serve from the time that the affected school district(s) and other affected taxing jurisdictions are notified in writing of a proposed redevelopment plan or designation of a redevelopment area until final approval or disapproval of the redevelopment plan, redevelopment project or designation of a redevelopment area by the City.
D. 
Purpose And Powers Of Commission. The Commission shall serve as an advisory board to the City as it relates to the consideration of tax increment financing proposals submitted by interested parties or initiated by any public agency in accordance with the Act. The Board of Aldermen hereby authorizes and approves the exercise by the Commission of only those powers that are required by the Act to be exercised by the Commission, as follows:
1. 
The Commission shall hold public hearings and give notices pursuant to Sections 99.825 and 99.830 of the Act on proposed redevelopment plans, redevelopment projects and designation of redevelopment areas and amendments thereto.
2. 
The Commission shall vote on all proposed redevelopment plans, redevelopment projects and designations of redevelopment areas and amendments thereto, within thirty (30) days following completion of a hearing on any such plan, project designation or amendment and shall make recommendations to the City within ninety (90) days of a hearing referred to in Section 99.825 of the Act concerning adoption of or amendment to redevelopment plans, redevelopment projects and/or designation of redevelopment areas.
3. 
If requested by the Board of Aldermen, the Commission shall request proposals in accordance with the procedures set forth herein.
E. 
Organization Of Commission. The Commission shall elect from among its members a Chairman, Vice Chairman and Secretary. Meetings of the Commission shall be open to the public to the extent provided by law and a record shall be kept of each meeting. The City Clerk is hereby designated as the custodian of records of the Commission for purposes of Chapter 610 of the Revised Statutes of Missouri, as amended. The Commission may establish rules and procedures not in conflict with City ordinances or policies or the Act and shall meet as required to fulfill its obligations set forth in the Act.
F. 
General Policy Regarding Tax Increment Financing. It shall be the policy of the City to consider the use of tax increment financing for those projects which demonstrate a substantial and significant public benefit resulting from one or more of the following: eliminating blight, financing desirable public improvements, strengthening the employment and economic base of the City and other taxing jurisdictions, increasing property values, reducing poverty, creating economic stability, upgrading older neighborhoods and areas, and facilitating economic self-sufficiency.
G. 
Procedures For Bids And Proposals. The City hereby adopts the following procedures for bids and proposals for the implementation of redevelopment projects:
1. 
The City or the Commission shall solicit proposals with respect to the implementation of each proposed redevelopment project.
2. 
Each request for proposals shall state the primary objectives of the proposed redevelopment area or redevelopment project.
3. 
Each request for proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids.
4. 
Each request for proposals shall be mailed to those persons or firms that the City or the City's planning consultant determines might be interested in submitting a bid, and shall be published in a newspaper of general circulation in the City. Each request for proposals shall provide at least thirty (30) days for the submission of a proposal.
5. 
Each proposal must demonstrate that "but for" the use of tax increment financing, the project is not feasible and would not be completed.
6. 
Criteria for the selection of proposals will include the impact of the proposed project on the City and other taxing jurisdictions, including the projected term for which tax increment financing will be utilized. The City or the Commission may establish such additional criteria as it deems appropriate for the selection of bids and proposals.
[1]
Cross Reference — As to park regulations, see Title II.

Section 115.020 Board — Establishment and Member Regulations.

[Ord. No. 95-40 §115.020, 10-19-1995; Ord. No. 96-25 §115.020, 9-19-1996; Ord. No. 98-09, 2-19-1998; Ord. No. 02-27, 8-1-2002]
A. 
There is hereby established within the City of Hollister, Missouri, an advisory Park Board to consist of seven (7) Directors to be appointed by the Mayor with the approval of the Board of Aldermen.
B. 
The Directors shall be at least eighteen (18) years of age, a citizen of the United States, and at least five (5) members shall be residents and inhabitants of the City of Hollister for six (6) months prior to appointment. The remaining two (2) members may reside in the Hollister School District for six (6) months prior to appointment, but are not required to reside in the City of Hollister.
C. 
The Directors shall hold office for a term of three (3) years, beginning with the first (1st) day of June each year. Annually, and after their appointment, the Park Board shall meet and organize themselves and elect one (1) member thereof as Chairperson of the Park Board and such other officers as they may deem necessary. Annually, the Mayor shall appoint one (1) member of the Board of Aldermen to serve as a voting member of the Park Board. This Alderman is included as one (1) of the seven (7) Directors established in paragraph (A) above.
D. 
Vacancies on the Park Board occasioned by removal, resignation, or otherwise, shall be reported to the Board of Aldermen and their replacement shall be appointed by the Mayor with the approval of the Board of Aldermen, to fulfill any unexpired term.
E. 
No Director so appointed and serving shall receive compensation for such service.
F. 
The Park Board shall make recommendations to the Board of Aldermen on the improvement, care, maintenance, and operation of the City of Hollister's Park system and facilities. The Park Board may also make recommendations to the Board of Aldermen on City sponsored recreational and cultural programs. The Park Board shall hold its meeting at least once monthly to discuss park business as identified within the scope of this Article. The Park Board may adopt by-laws, rules and regulations for its orderly conduct and business.

Section 115.030 Meetings.

[Ord. No. 95-40 §115.030, 10-19-1995; Ord. No. 95-51 §115.030, 1-4-1996; Ord. No. 02-27, 8-1-2002; Ord. No. 06-05, 3-2-2006]
A. 
Regular meetings shall be held the third Tuesday of every month (the fourth Wednesday if the third Tuesday would fall on a holiday) at the Hollister City Hall at 6:30 P.M.
[Ord. No. 13-28, 12-19-2013]
B. 
Special meetings may be called by the Chairman or on the written request of at least two (2) members.
C. 
Four (4) members shall constitute a quorum at any regular or special meeting.

Section 115.040 Duties and Responsibilities.

[Ord. No. 95-40 §115.040, 10-19-1995]
A. 
The Park Board shall:
1. 
Survey and make plans for the development and maintenance of facilities and activities for an adequate Municipal Park system.
2. 
Have an advisory role to the Board of Aldermen concerning the expenditures of all money collected to the credit of the Park Fund, for the supervision, improvement, care, acquisition and custody of the parks.
3. 
All monies received for such parks shall be deposited in the Treasury of the City of Hollister, Missouri, to the credit of the Park Fund and shall be kept separate and apart from all other monies and accounts of the City of Hollister, Missouri, and be drawn upon by the proper officers of the City of Hollister, Missouri, upon the properly authenticated account payable of the Park Board.
4. 
The Park Board shall act as an Advisory Board to the Mayor and the Board of Aldermen concerning the appointment of a suitable person to take charge of said parks and necessary assistants. The Board shall also have the power to advise the Board of Aldermen as to the removal of such appointees for misconduct or neglect of duty, and shall, in general carry out the spirit and intent of Sections 90.500 to 90.570, RSMo., in establishing and maintaining Public Parks.

Section 115.050 Annual Reports.

[Ord. No. 95-40 §115.050, 10-19-1995]
A. 
The Board of Directors shall present to the Board of Aldermen an annual report. Such report shall be presented at the first (1st) Board meeting in May of each year and shall consist of:
1. 
The condition of their trust as of the first (1st) day of May of that year.
2. 
The various sums of money received from the Park Fund, and other sums.
3. 
The sums of money expended by the Board and for what purposes.
4. 
Such other statistics, information, and suggestion as the Board may deem to be of general interest.
5. 
All such portions of said report related to the receipts and expenditures of money shall be verified by affidavits.
6. 
Submit a proposed park and recreation budget for the coming year.
7. 
Make recommendations for improving the park and recreation program facilities.
8. 
Submit an annual planned program for the use of the parks, recreation facilities, and areas.

Section 115.060 Financial Duties and Responsibilities.

[Ord. No. 95-40 §115.060, 10-19-1995]
A. 
The Board shall prepare and present to the Board of Aldermen an annual budget sufficient to finance the program of recreations the Board feels is necessary for the welfare of the residents of the City of Hollister. The budget shall be submitted to the Board of Aldermen at the time designated by the Board of Aldermen to hear the requests.
B. 
The Board shall annually recommend to the Board of Aldermen a budget for capital improvements (acquisition and development) in accordance with the master plan for parks for the City, and request an allocation from the General Fund sufficient to provide for these needs as planned.
C. 
The Board shall have an advisory role to the Board of Aldermen of the City of Hollister, Missouri, concerning the control of all monies collected and deposited to the credit of the Park Fund. All monies received by the Board shall be deposited to the credit of the Park Fund. All monies received by the Board shall be deposited in a separate account to the credit of the City of Hollister and shall be kept separate and apart from all other monies and accounts of the City of Hollister, Missouri. It shall be drawn upon by the proper officers of the City of Hollister.
D. 
The Board shall prepare a master plan for the acquisition and development of an adequate system of parks, facilities, and programs for recreation.
E. 
The Board shall investigate and determine the needs and interests of the community for recreation facilities and programs and provide a recreation program to meet these needs.

Section 115.070 Park Rules Generally.

[Ord. No. 10-27, 10-21-2010]
A. 
Unless otherwise provided for by law, it shall be unlawful for any person to:
1. 
Conduct himself/herself in an unusually loud or disturbing manner; use threatening, abusive, insulting, indecent, obscene, or profane language; or harass, annoy, curse at, or intentionally jostle any patron of any public park.
2. 
In any way interfere, by the use of physical force or by the threat of such force, with any person peacefully moving in and about the grounds and buildings, except for a Law Enforcement Officer or employee of the parks in the performance of his/her duty.
3. 
Throw stones, rocks, sticks, bottles, or other similar things by hand or otherwise.
4. 
Mark upon, tear up, injure, deface, cut, dig, or in any other way intentionally injure or impair the usefulness of structures, grass, trees, shrubs or plants, pavement, sidewalks, or roadways.
5. 
Attach wires, ropes, placards, notices or other contrivances to any structure, tree, shrub, plant, or utility lines unless approved by the City of Hollister.
6. 
Remove property of the parks without approval of the City of Hollister.
7. 
Erect, place, or maintain any tent, building, booth, stand, or other structure, temporary or otherwise, without approval of the City of Hollister.
8. 
Drop, throw, place, or discard any wastepaper, dirt, weeds, trash, refuse, or other rubbish of any sort except in a receptacle provided therefor.
9. 
Throw, discharge, or otherwise place or cause or permit to be placed or discharged into any fountain, pool, pond, lake, stream, or other body of water any substance, matter, or thing which might cause the water to be harmful to persons or things or to give forth objectionable odors or to appear unsightly, or otherwise pollute the waters.
10. 
Fish or remove fish or aquatic life from any stream, pond, lake, or other body of water unless fishing shall be expressly permitted in the area.
11. 
Carry, possess, or discharge any firearm, pellet gun or pistol, BB gun, or other similar device, bow and arrow, crossbow or any other device capable of projecting a missile able to inflict harm to persons or animals or to injure property, except Law Enforcement Officers or employees of the City in the performance of their duty, and except with approval of the City of Hollister.
12. 
Engage in an athletic contest or event in any public area except in areas set aside therefor, nor shall any person in any event engage in any athletic contest or event or throw any ball or engage in any game singly or with others in such a fashion as to unreasonably endanger the safety of others thereabout.
13. 
Use a loudspeaker or amplifier without approval of the City of Hollister.
14. 
Conduct any organized activity or event unless approval by special event permit.
15. 
Participate in or enter upon the grounds of any activity where fees are required without first being registered at the place provided therefor and paying the established fee, except for persons provided with exemptions by the City of Hollister.
16. 
Camp or picnic other than in an area expressly designated for camping or picnicking, nor shall any person attempt to move or relocate any benches, chairs or tables unless the benches, chairs or tables are not secured in any way whatsoever to the ground, in which case the benches, chairs or tables may be moved and relocated within the confines of the designated picnicking or camping area.
17. 
Start a fire for cooking purposes or otherwise within any park except in receptacles and facilities intended therefor.
18. 
Operate, park, or race a motor vehicle or bicycle upon the grounds or within the buildings other than in areas designated for operation of such vehicles, or leave any inoperable vehicle within a park for a period to exceed six (6) hours.
19. 
Enter on or in any portion of any grounds or buildings of a park where signs have been posted by the City of Hollister prohibiting such entry.
20. 
Solicit business, sell, or offer to sell goods, merchandise, or services, post any commercial signs, advertisements or circulars without the written permission of the City of Hollister or take photographs, motion pictures or videos for commercial purposes when the City of Hollister has entered into a contract with another person(s) for such activity.
21. 
Appear in a public park in what appears to be an intoxicated condition. Person(s) appearing intoxicated in a public park may be taken pursuant to Section 67.315, RSMo., by a Peace Officer to the person's residence, to any available treatment service, or to any other appropriate local facility.

Section 115.080 Closing of Parks.

[Ord. No. 10-27, 10-21-2010]
A. 
Whenever the Parks Director shall find that there has been and is continuing a disturbance of the peace of persons within or near the vicinity of any park, or he/she shall find that the safety of persons or property within a park or within the vicinity thereof has been or is being threatened by the conduct of persons in or about a park, the director is hereby authorized to close to the public such park for such period of time not exceeding twelve (12) hours as to him/her shall seem reasonably necessary to quell the disturbance or threat to life or property, and no person shall enter any park so closed, save employees and officers of the City, if the notice of the closing thereof shall be posted in conspicuous places thereabout, nor shall any person remain in such park after it shall have been closed after knowledge of the closing shall come to him/her by signs posted in the vicinity of the park or otherwise.
B. 
It shall be unlawful for any person other than an employee of the City to enter or remain in or upon the grounds or buildings of any public park of the City between the hours of 11:00 P.M. and 7:00 A.M. of the next day, except than an activity or special event may be continued to its normal conclusion and observers thereof and participants therein shall leave the park within one-half (½) hour following the conclusion of the event.
C. 
No outdoor athletic event shall begin after 11:00 P.M. or before 7:00 A.M., and the use of a public address system at outdoor athletic events shall not occur between the hours of 11:00 P.M. and 7:00 A.M. The provisions of this Section shall not apply if the game involves out-of-town participants in a district, State, regional or national tournament.
D. 
Violators of the provisions of this Section shall be considered to be trespassing and subject to the provisions of Section 215.250.

Section 115.090 Standards for Issuance of Special Event Permits.

[Ord. No. 10-27, 10-21-2010]
A. 
Whenever, under any of the rules and regulations contained in this Section, a special event permit is required or provided for, the person charged with the issuance of the permit shall issue the permit only upon a proper application and when he/she finds that:
1. 
The proposed activity or use will not unreasonably interfere with or detract from the general enjoyment of the park.
2. 
The proposed activity or use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety, and recreation.
3. 
The proposed activity or use will not entail unusual, extraordinary or burdensome expense by the public or unusual or burdensome police protection or activity.
4. 
The desired facility has not been previously reserved for other use at the day and hour required in the application therefor.
5. 
The use will not unreasonably interfere with another use previously permitted at the day and hour required in the application.
6. 
The use or frequency of the use applied for will not unreasonably deprive the public of the general use of the park or its facilities or unreasonably deprive or interfere with the use of the remainder of the park or its facilities by the public.
7. 
The permit applicant must post a bond or other surety with the City of Hollister in an amount necessary for any extraordinary demands or burdens placed on public services by the proposed activity that are above and beyond the normal operations of the park or facility requested. Unused funds from the bond or other surety will be returned to the permit applicant after the proposed activity has occurred.
8. 
The permit applicant must provide a certificate of general liability insurance, naming the City as an additional insured, with minimum limits of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage, and until the applicant has paid such fees as may be required for compliance with applicable provisions of the City Code.

Section 115.100 Parking.

[Ord. No. 10-27, 10-21-2010]
A. 
No person shall park a vehicle in any street, roadway, driveway or parking area that is marked for parking in any public park at any time or in any manner except as designated by lines or markings upon the pavement or ground. No person shall park any vehicle in front of or across any driveway or entranceway or within five (5) feet of any driveway or entranceway to any picnic area or building located in any public park, nor shall any person park a vehicle at any place within a public park, where, by signs duly erected, parking is prohibited.
B. 
No person shall park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions and with the instructions of any attendant who may be present. The Parks Director shall have the authority to restrict the parking of vehicles in certain areas of the parks to those individuals who are using that particular area by posting regulations, and no person shall park in those areas except as so designated.
C. 
No person shall park a vehicle in a public park other than for an approved activity in that park. Use of the parks for commuter or park-and-ride parking lots is expressly prohibited.

Section 115.110 Penalty.

[Ord. No. 10-27, 10-21-2010]
Any person violating any of the provisions of this Article shall, upon conviction thereof, be punished as provided by the provisions of Section 100.200.

Section 115.111 Enforcement.

[Ord. No. 10-27, 10-21-2010]
The Police Department of the City of Hollister shall have upon appointment the authority to enforce the rules and regulations of the City of Hollister and the rules and regulations of the Parks and Recreation Department.