City of Maryville

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Chapter 110 Administrative Boards

                        Cross Reference--As to city tree board, §120.030.

ARTICLE I.  AIRPORT BOARD

                        Cross Reference--For specific code provisions relative to the municipal airport, ch. 125 of this code.

SECTION 110.010:   CREATION, COMPOSITION, QUALIFICATIONS

There is hereby created and established an Airport Board, to consist of seven (7) persons, electors of the City, who shall have the following qualifications:

      1.   Board members shall be at least eighteen (18) years old.

      2.   The Board shall consist of no less than the four (4) of the seven (7) members living/residing, with their primary residency located inside the City limits of Maryville.  No more than three (3) Board members shall reside outside the City limits, but shall reside within Nodaway County, as their primary residence.  (R.O. 2008 §110.010; Ord. No. 4882 §1, 5-14-90; Ord. No. 7106 §1, 4-13-09)

SECTION 110.020:   APPOINTMENTS, TERM, OFFICERS

A.  The members of such Airport Board shall be appointed by the Mayor, subject to confirmation by the City Council, to serve a three (3) year term.  Members shall serve until their successors are appointed.

B.  Such Board shall elect officers annually, at a date to be fixed by the Board, and shall elect one (1) of its members as President, Vice President, Secretary and such other officers of the Board as it may deem necessary.  (R.O. 2008 §110.020; Ord. No. 4882 §1, 5-14-90)

SECTION 110.030:   POWERS AND DUTIES -- BY-LAWS

The Board will serve in an advisory capacity to the City Council and shall have such power to adopt such rules of procedure and by-laws, subject to the City Council approval, as it shall deem necessary to administer to the operation and maintenance of the Maryville Municipal Airport, not inconsistent with the laws of the State or Ordinances of the City.  (R.O. 2008 §110.030; Ord. No. 4882 §1, 5-14-90)

SECTION 110.040:   CITY OFFICERS, JURISDICTION

The provisions of the ordinances of the City pertaining to the public health, safety and welfare, and in any manner pertaining to the general peace and quiet of the public, shall be effective within the limits of the Municipal Airport as though the Airport were included within the limits of the City, and to this end the Department of Public Safety of the City and all other departments of similar character shall be and are hereby directed and empowered to exercise full and complete jurisdiction over the Municipal Airport area as they are empowered to exercise within the City Limits.  (R.O. 2008 §110.040; Ord. No. 4882 §1, 5-14-90)

ARTICLE II.  PARK AND RECREATION BOARD

SECTION 110.050:   CREATION

Under authority of Sections 90.500 to and including 90.570, RSMo., there is hereby created a Park and Recreation Board for the City.  (R.O. 2008 §110.050; Ord. No. 4882 §1, 5-14-90)

SECTION 110.060:   APPOINTMENT, NUMBER AND QUALIFICATION OF DIRECTORS

The Park and Recreation Board of the City shall be composed of nine (9) members, hereinafter referred to as Directors, who shall be appointed by the Mayor, subject to the approval of the City Council.  The Directors shall be chosen from the citizens at large, shall have been a resident of the City for at least two (2) years immediately prior to taking office as a Director, and shall not be a member or employee of the Municipal Government.  (R.O. 2008 §110.060; Ord. No. 4882 §1, 5-14-90)

SECTION 110.070:   DIRECTORS, TERM OF OFFICE

The Directors shall hold office, one-third (1/3) for one (1) year, one-third (1/3) for two (2) years, and one-third (1/3) for three (3) years, from the first (1st) of June following their appointment, and at the first (1st) regular meeting of Directors shall cast lots for their respective terms; and annually thereafter the Mayor shall, before the first (1st) of June of each year, appoint as before three (3) Directors, who shall hold office for three (3) years or until their successors are appointed and qualified.  (R.O. 2008 §110.070; Ord. No. 4882 §1, 5-14-90)

SECTION 110.080:   REMOVAL OF DIRECTORS -- FILLING VACANCY

The Mayor may, by and with the consent of the City Council, remove any Director for misconduct or neglect of duty.  The unexpired term for any Director who shall be removed, resign or for any other reason cease to be a member of the Park and Recreation Board shall be filled by appointment by the Mayor with the approval of the City Council.  (R.O. 2008 §110.080; Ord. No. 4882 §1, 5-14-90)

SECTION 110.090:   COMPENSATION OF DIRECTORS

No Director shall receive compensation for his/her services as a Director on the Park and Recreation Board.  (R.O. 2008 §110.090; Ord. No. 4882 §1, 5-14-90)

SECTION 110.100:   OFFICERS

A.  The Park and Recreation Board shall, immediately after the appointment of Directors, except the appointment of a Director to fill the unexpired term of a prior Director, meet and organize by the election, from membership of the Park and Recreation Board, of the following officers:  President, Vice President, Secretary and Treasurer. 

B.  The Board shall make and adopt such by-laws, rules and regulations for its own guidance and procedures as may be expedient, not inconsistent with this Article and with Sections 90.500 to and including 90.570, RSMo.  (R.O. 2008 §110.100; Ord. No. 4882 §1, 5-14-90)

SECTION 110.110:   POWERS AND DUTIES

The Park and Recreation Board shall have exclusive control of the expenditure of all money collected to the credit of the Park Fund and of the supervision, improvement, care and custody of the Parks and Recreation facilities of the City.  All monies received shall be deposited to the credit of the Park Fund and shall be kept separate and apart from the other monies of the City and drawn upon by the properly authenticated vouchers of the Park and Recreation Board.  The Board shall have the power to purchase or otherwise secure grounds to be used for such parks and shall have power to appoint a suitable person, to be known as the Director of Parks and Recreation, to take care of said parks and necessary assistants for said person and fix their compensation and shall have the power to remove such appointees.  The Park and Recreation Board shall have all powers necessary to carry out the spirit and intent of Sections 90.500 to and including 90.570, RSMo.  (R.O. 2008 §110.110; Ord. No. 4882 §1, 5-14-90)

SECTION 110.120:   ANNUAL REPORT

The Park and Recreation Board shall make, on or before the second (2nd) Monday in June, an annual report to the City Council stating the condition of their trusts on the first (1st) day of May preceding, the various sums of money received by the Park Fund and other sources, and how much monies have been expended and for what purposes, and with such other statistics, information and suggestions as they may deem of general interest.  All such portions of such report as relate to the receipt and expenditure of money shall be verified by affidavit.  (R.O. 2008 §110.120; Ord. No. 4882 §1, 5-14-90)

SECTION 110.130:   GIFTS AND BEQUESTS

The Park and Recreation Board shall be held and considered to be special trustees of any gift to the City of Maryville of money, personal property or real property for the benefit of parks and/or recreational facilities of the City, and shall hold and control such property according to the terms of the deed, gift, devise or bequest of such property.  (R.O. 2008 §110.130; Ord. No. 4882 §1, 5-14-90)

SECTION 110.140:   RULES AND REGULATIONS, ETC. -- BOARD -- POWERS

In addition to the powers and duties herein granted, the Park and Recreation Board shall be designated and have authority to carry out the provisions of Sections 67.750 to and including 67.780, RSMo., pertaining to recreational systems of political subdivisions and, subject to the approval of the City Council, shall adopt and promulgate rules and regulations for the conduct, administration and management of the public recreational program of the City.  (R.O. 2008 §110.140; Ord. No. 4882 §1, 5-14-90)

ARTICLE III.  BOARD OF CODE APPEALS

SECTION 110.150:   CREATION, COMPOSITION, QUALIFICATIONS

There is hereby created and established a Board of Code Appeals which shall consist of five (5) members and two (2) alternate members who shall be electors of the City and who shall have the same qualifications for office as are required of members of the Council.  (R.O. 2008 §110.150; Ord. No. 4882 §1, 5-14-90)

SECTION 110.160:   APPOINTMENT, TERM OF OFFICE

The members of such Board of Code Appeals shall be appointed by the Mayor, subject to confirmation of the City Council.  One (1) member shall be appointed to serve a one (1) year term; two (2) members shall be appointed to serve a two (2) year term; and two (2) members shall be appointed to serve a three (3) year term.  Each of the two (2) alternate members shall be initially appointed to a one (1) year term and shall be designated as "first alternate" or "second alternate".  All appointments shall be made effective from the same date and annually, thereafter, the Mayor shall appoint as before, or reappoint members whose terms have expired, to three (3) year terms of office, including the alternate members.  Appointments to fill unexpired terms of members or alternates shall be for the remainder of the term.  Members and alternates shall serve until their successors are appointed, confirmed and qualified.  (R.O. 2008 §110.160; Ord. No. 4882 §1, 5-14-90)

SECTION 110.170:   ELECTION OF OFFICERS

At the first (1st) regular meeting of the Board and annually thereafter, the Board shall elect one (1) of its members as President and another as Vice President.  (R.O. 2008 §110.170; Ord. No. 4882 §1, 5-14-90)

SECTION 110.180:   RULES, BY-LAWS, MEETINGS, QUORUM

A.  The Board shall have the power to adopt such rules of procedure and by-laws, subject to City Council approval, as it shall deem proper and necessary to carry out the provisions of this Article, which are not inconsistent with the laws of the State or ordinances of the City.

B.  The rules shall fix the time and place for regular meetings of the Board; however, the President of the Board may call special meetings by providing notice to each member at least twenty-four (24) hours prior to such meeting.  All meetings of the Board shall be open to the public and conducted in compliance with Chapter 610, RSMo.

C.  The Board shall appoint a Secretary, who shall keep the minutes of all proceedings of the Board which shall show the vote of each member upon each question.  The Secretary shall keep records of all official actions of the Board and all minutes and records shall be kept and filed in the office of the City Clerk and shall be open to the public.

D.  Three (3) members or alternate members shall constitute a quorum of the Board.  If one (1) member is absent, the first alternate shall be designated as a voting member; if the first alternate is also absent, the second alternate shall be designated as a voting member.  If two (2) members are absent, both the first and second alternates shall be designated voting members.  Every determination by the Board, in order to carry, must be decided by a quorum of the Board and must receive the affirmative vote of not less than three (3) members of the Board.

E.   No member or alternate member of the Board shall take part in any hearing or determination in which they have a personal or financial interest.  (R.O. 2008 §110.180; Ord. No. 4882 §1, 5-14-90; Ord. No. 5337 §1, 8-14-95)

SECTION 110.190:   REMOVAL OF MEMBERS -- FILLING VACANCY -- COMPENSATION OF MEMBERS

The Mayor may, by and with the consent of the City Council, remove any member or alternate member for misconduct or neglect of duty.  The unexpired term of any member or alternate member who shall be so removed, or who shall resign or for any other reason cease to be a member of the Board, shall be filled by appointment in the same manner as described in this Article.  No member or alternate member shall receive compensation for his/her services on the Board of Code Appeals.  (R.O. 2008 §110.190; Ord. No. 4882 §1, 5-14-90)

SECTION 110.200:   POWERS AND DUTIES

The Board of Code Appeals shall have power and authority to make rulings, findings and determination in the following situations:

      1.   To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination by an employee of the City in the application or enforcement of any provision of the Maryville Building Code, Maryville Construction Code, Maryville Electrical Code, Maryville Heating Code, Maryville Housing Code, Maryville Plumbing Code, Maryville Fire Prevention Code, Maryville Dangerous Building Code, or any other ordinance related to the provision of the foregoing City Codes.

      2.   To authorize upon appeal in special cases, variances from the terms, conditions or obligations imposed by the Codes and ordinances described in Subsection (1), above, as will not be contrary to the public interest, health, safety or general welfare, where owing to special conditions, literal enforcement and strict application of the provisions of said codes and ordinances would result in unreasonable or unnecessary hardship.

      3.   To issue opinions and/or advise the City Council on such matters as pertain to the application and enforcement of provisions of the codes and ordinances referred to in Subsection (1), above, including recommendations as to amendments or revisions of such codes and ordinances.

      4.   To make rulings and determinations for the advice of the Code Enforcement Officer or other employee on any matters which are not specifically mentioned in the codes or ordinances referred to in Subsection (1), above, or which are mentioned only in non-specific terms in such codes or ordinances and which are relevant to the application or enforcement of such codes and ordinances.

      5.   To hear and decide all matters referred to or upon which it is required to pass under such codes and ordinances referred to in Subsection (1), above.

      6.   To inspect or cause to be inspected any building, land or premises involved in any case properly before it, provided however, that notice of such inspection by the Board shall be given to the parties involved prior to the inspection, that the parties are given an opportunity to be present during the inspection; and that the Board shall state for the record upon completion of the inspection, the material facts and conditions observed and the conclusions drawn therefrom.  The parties shall be granted the right to rebut or explain the matters reported on by the Board.  (R.O. 2008 §110.200; Ord. No. 4882 §1, 5-14-90; Ord. No. 5337 §1, 8-14-95; Ord. No. 5353 §1, 10-16-95)

SECTION 110.210:   FORM AND PROCEDURE FOR HEARING OF APPEALS

A.  Jurisdiction.  Any person aggrieved, or any City Official, Department, Board or agency affected by any ruling, decision or inspection of the Code Enforcement Officer or other representative of the City in connection with any matter relative to the application, interpretation or enforcement of any of the provisions of the codes and ordinances referred to in this Article, may appeal such ruling, decision or interpretation to the Board of Code Appeals.  The Board shall also hear matters on which jurisdiction is granted it, pursuant to Chapters 505 and 530 of the Municipal Code of the City of Maryville.

B.  Filing.  Such appeal shall be filed at the office of the Department of Public Works within thirty (30) days from the date of service of such ruling, decision or interpretation.  Failure of any person to make a timely appeal in accordance with the provisions of this Section shall constitute a waiver of their right to an administrative hearing and adjudication of the subject ruling, decision or interpretation by the Code Enforcement Office or other representative of the City.

C.  Fees.  The filing fee for such appeal shall be one hundred twenty-five dollars ($125.00) plus the cost of mailings.  The filing fee shall accompany the appeal and shall not be refundable. 

D.  Form Of Appeal.  The appeal shall be in written form and shall state each of the following:

      1.   A heading in the words:  "Before the Board of Code Appeals of the City of Maryville, Missouri..."

      2.   A caption reading: "Appeals of..." or other appropriate caption, giving the names of all appellants participating in the action.

      3.   A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

      4.   A brief statement in ordinary and concise language of that specific order or action protested or variance sought, together with any material fact claimed to support the contentions of the appellant.  Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

      5.   A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside, or why the variance should be granted.

      6.   The signatures of all parties named as appellants and their official mailing addresses.

      7.   The verification by declaration under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.

E.   Processing Of Appeal. 

      1.   Upon notification of the filing of any appeal or the filing of any petition pursuant to this Section, the Code Enforcement Officer or other representative of the City shall forward to the Board members in a timely manner the record upon which the action appealed from was taken, together with the written appeal form.  Said record shall be provided prior to the date of any hearing scheduled in accordance with this Section.

      2.   Subject to specific legislation to the contrary, including Sections 505.060(D) and 530.070(D) of the Municipal Code of the City of Maryville, which shall prevail over the language of this particular Subsection, an appeal under this Section shall stay all proceedings and further action from which the appeal is taken unless the City Manager or his/her authorized representative certifies facts to the Board that a stay is likely to cause immediate danger to life or property.  In such case, the proceedings and furtherance of the action from which the appeal is taken shall not be stayed except by a restraining order granted by the Board or a restraining order granted by a court of competent jurisdiction.

F.   Schedule And Notice.  As soon as practicable after receipt of the appeal from the Code Enforcement Officer or his/her authorized representative, the Board shall fix a date and place for the hearing of the appeal by the Board.  Such date shall be not less than ten (10) days nor more than sixty (60) days from the date of filing of the appeal with the Department of Public Works.  Written notice of the time and location of the hearing shall be serviced upon each appellant and/or the record owner of the property involved in the hearing.  Additionally, one (1) copy shall be served on each of the following if known to the Board of Code Appeals or disclosed from the land records of the Recorder of Deeds of Nodaway County, Missouri:

      1.   The holder of any mortgage, deed of trust or other lien or encumbrance of record;

      2.   The owner or holder of any lease or record;

      3.   The holder of any other estate or legal interest of record in or to the building or the land on which it is located; and

      4.   Any tenant in possession of the premises. 

Said notice shall be given by the Secretary of the Board by either causing a copy of the said notice to be delivered personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of Nodaway County or as known to the Board of Code Appeals.  Such notice shall be served or received at least fourteen (14) days prior to the hearing date.  If no such address of such person so appears or is known to the Board of Code Appeals, then notice may be given by publication in a newspaper qualified to publish legal notices at least fourteen (14) days prior to the hearing date, specifically addressed to the person for whom no address is known and to all other persons having an interest in the structure or real estate, to appear before the Board of Code Appeals at the date and time specified.  Except for hearings under Chapter 505 or Chapter 530, notice shall additionally be given to the owners of record of any property adjoining the property which is the subject of the hearing.

G. Said notice shall be given by the Secretary of the Board by either causing a copy of the said notice to be delivered personally or by mailing a copy of such notice by certified mail, postage prepaid, to each such person at their address as it appears on the last equalized assessment roll of Nodaway County or as known to the Board of Code Appeals. Such notice shall be served or received at least fourteen (14) days prior to the hearing date. If no such address of such person so appears or is known to the Board of Code Appeals, then notice may be given by publication in a newspaper qualified to publish legal notices at least fourteen (14) days prior to the hearing date, specifically addressed to the person for whom no address is known and to all other persons having an interest in the structure or real estate, to appear before the Board of Code Appeals at the date and time specified. Except for hearings under Chapter 505 or Chapter 530, notice shall additionally be given to the owners of record of any property adjoining the property which is the subject of the hearing.

H. Decision of Board. Except for hearings under Chapter 505 or Chapter 530, in which case the requirements of their particular Chapters shall apply as to decisions by the Board, the Board shall render a decision within thirty (30) days from the date on which the appeal was filed and such decision shall be made by resolution which shall incorporate Findings of Fact, a determination of the issues presented, the reasons for the decision, the requirements to be complied with, and the votes of each member participating in the decision. A copy of the resolution shall be delivered to the appellant personally or sent to him/her by certified mail, postage prepaid,. The effective date of the decision shall be as stated in the resolution. All decisions of the Board shall require the affirmative vote of not less than three (3) members of the Board. Where a contested case is heard before the Board, no member thereof who did not hear the evidence shall vote or take part in the decision. (R.O. 2008 §110.210; Ord. No. 4882 §1, 5-14-90; Ord. No. 5337 §1, 8-14-95; Ord. No. 6575 §§1--2, 8-18-03; Ord. No. 6586 §§1--2, 9-15-03)

SECTION 110.220:   APPEAL FROM DECISION OF BOARD

An appeal from any action, decision, interpretation, ruling, judgment or order of the Board may be taken by any person or persons jointly or severally, or by any taxpayer, or any Officer, department, board or official of the City to a court of competent jurisdiction.  (R.O. 2008 §110.220; Ord. No. 4882 §1, 5-14-90)

ARTICLE IV.  HOUSING ADVISORY BOARD

SECTION 110.230:   CREATION, COMPOSITION, QUALIFICATIONS

There is hereby created and established a Housing Advisory Board which shall consist of five (5) members and two (2) alternate members who shall be electors of the City and who shall have the same qualifications for office as are required of members of the Council.  (R.O. 2008 §110.230; Ord. No. 4882 §1, 5-14-90)

SECTION 110.240:   APPOINTMENT, TERM OF OFFICE

The members of such Advisory Board shall be appointed by the Mayor subject to confirmation of the City Council.  One (1) member shall be appointed to serve one (1) year term; two (2) members shall be appointed to serve two (2) year terms; and two (2) members shall be appointed to serve three (3) year terms.  Each of the two (2) alternate members shall be initially appointed to a one (1) year term and shall be designated as "first alternate" or "second alternate".  All appointments shall be made effective from the same date and annually, thereafter, the Mayor shall appoint as before, or reappoint, members whose terms have expired to three (3) year terms of office, including alternate members.  Appointments to fill unexpired terms of members or alternates shall be for the remainder of the term.  Members and alternates shall serve until their successors are appointed, confirmed and qualified.  (R.O. 2008 §110.240; Ord. No. 4882 §1, 5-14-90)

SECTION 110.250:   ELECTION OF OFFICERS

At the first (1st) regular meeting of the Board, and annually thereafter, the Board shall elect one (1) of its members as President and another as Vice President.  (R.O. 2008 §110.250; Ord. No. 4882 §1, 5-14-90)

SECTION 110.260:   RULES, BY-LAWS, MEETINGS AND QUORUM

A.  The Board shall have the power to adopt such rules of procedure and by-laws, subject to City Council approval, as it shall deem proper and necessary to carry out the provisions of this Article, which are not inconsistent with the laws of the State or ordinances of the City.

B.  The rules shall fix the time and place for regular meetings of the Board; however, the President of the Board may call special meetings by giving adequate notice to each member at least three (3) days prior to such meeting.  All meetings of the Board shall be open to the public in compliance with the Missouri Open Meetings, Open Record Law.

C.  The Board shall elect one (1) of its members as Secretary to the Board and this person shall keep the minutes of all proceedings of the Board which shall show the vote of each member upon each question.  The Secretary shall keep records of all official actions of the Board and all minutes and records shall be kept and filed in the office of the City Clerk and shall be open to the public.

D.  Four (4) members or alternate members shall constitute a quorum of the Board.  If one (1) member is absent, the first alternate shall be designated as a voting member; if the first alternate is also absent, the second alternate shall be designated as a voting member.  If two (2) members are absent, both the first and second alternates shall be designated voting members.  Every determination by the Board, in any matter pending before it, must be decided by a quorum of the Board and must receive the vote of at least three (3) voting members, voting in the affirmative, in order to carry.

E.   No member or alternate member of the Board shall take part in any hearing or determination in which he/she has a personal or financial interest.  (R.O. 2008 §110.260; Ord. No. 4882 §1, 5-14-90)

SECTION 110.270:   POWERS AND DUTIES

The Housing Advisory Board shall have the following powers and duties:

      1.   To administer, manage and exercise control over housing rehabilitation grant and/or loan programs, including, but not limited to, the formulation and adoption, subject to City Council approval, of rules, regulations, requirements and standards relating to the establishment of grant or loan recipient eligibility requirements, grant or loan eligible items, grant or loan amount limits, grant or loan terms, and conditions, and other grant or loan program policies, procedures, specifications, forms, records and accounts.

      2.   To manage and exercise control over the administration and enforcement of the Fair Housing Ordinance of the City.

      3.   To issue opinions and recommendations and advise the City Council on such matters as pertain to the administration and enforcement of City codes, ordinances, programs and policies relating to housing in the City, but excluding those powers expressly granted to the Board of Code Appeals.

      4.   To make rulings and determinations for the advice of the Code Enforcement Officer or his/her authorized representative on any matters relative to City codes, ordinances, programs and policies relating to the housing in the City, but excluding those powers expressly granted to the Board of Code Appeals.

      5.   To inspect any building, land or premises that may be necessary for the proper exercise of the above-mentioned powers.

      6.   To receive and investigate complaints, initiate surveys, assemble data, confer with individuals and groups, hold hearings, and conduct investigations relative to the need for production, maintenance and rehabilitation of housing in the City.

      7.   To adopt rules and regulations for the transaction of business.

      8.   To make an annual report of its activities, together with significant findings and recommendations, to the Mayor and City Council.  (R.O. 2008 §110.270; Ord. No. 4882 §1, 5-14-90)

ARTICLE V.  MOZINGO LAKE RECREATIONAL ADVISORY BOARD

SECTION 110.280:   CREATION, COMPOSITION, QUALIFICATIONS

There is hereby created and established a Mozingo Park Advisory Board, to consist of nine (9) persons, electors of the City, who shall have the following qualifications:
1. Board members shall be at least eighteen (18) years old.
2. The Board shall consist of no less than the five (5) of the nine (9) members living/residing with their primary residency located inside the City limits of Maryville. No more than four (4) Board members shall reside outside the City limits, but shall reside within Nodaway County, as their primary residence.
3. A member of the City Council shall serve as a liaison of the Council, without the power to vote as a member of the board.
  (R.O. 2008 §110.280; Ord. No. 5147 §1, 7-12-93)

SECTION 110.290:   APPOINTMENTS, TERM, OFFICERS

A. The members of such Mozingo Park Advisory Board shall be appointed by the City Council. Initially, three (3) members shall be appointed to serve a one (1) year term; three (3) members shall be appointed to serve a two (2) year term; and three (3) members shall be appointed to serve a three (3) year term, with a three (3) year term for all members ,proceeding the initial terms. Member’s terms shall expire October 1, of each year. Members shall serve until their successors are appointed.
B. Such Board shall elect officers annually, at a date to be fixed by the Board, and shall elect one (1) of its members as President, Vice President, Secretary, and such other officers of the Board as it may deem necessary.
 (R.O. 2008 §110.290; Ord. No. 5147 §2, 7-12-93)

SECTION 110.300:   POWERS AND DUTIES -- BY-LAWS

A. The Board shall serve in an advisory capacity to the City Council and will have such power to adopt rules of procedure and by-laws, subject to Council approval, as it shall deem necessary to administer to the marketing and promotion of Mozingo Park.
B. The Board shall have the oversight of the implementation of short- and long-term strategic plans, not inconsistent with the laws of the State or Ordinances of the City.
C. The Board shall not have any authority to contractually bind the City of Maryville, Missouri.
  (R.O. 2008 §110.300; Ord. No. 5147 §3, 7-12-93)

SECTION 110.310:   COMPENSATION OF MEMBERS

No member shall receive compensation for his/her services as a member on the Mozingo Park Advisory Board.  (R.O. 2008 §110.310; Ord. No. 5147 §4, 7-12-93)

SECTION 110.320:   MEETINGS 

The Board shall meet regularly to strategize, formulate, and implement marketing plans, promotions, and provide oversight of all short- and long-term plans to effectively and efficiently use Mozingo Park as a full functioning family recreation location.  (R.O. 2008 §110.320; Ord. No. 5147 §5, 7-12-93)

SECTION 110.330:   RECORDKEEPING, REPORTS

A. The elected Secretary of this Board shall keep records and minutes of its meetings shall be presented to the City Clerk, who will forward them to the Council.
B. The Board shall be responsible for writing a “Ten Year Planning Proposal” every ten (10) years outlining marketing and promotion strategies, and development, operation and maintenance associated with Mozingo Park. Additional plans may be made as necessary for the purpose of this Board.  (R.O. 2008 §110.330; Ord. No. 5147 §6, 7-12-93)

ARTICLE VI.  TAX INCREMENT FINANCING COMMISSION

SECTION 110.340:   ESTABLISHMENT

There is created pursuant to Section 99.820.2 of the Act a commission to be known as the "Tax Increment Financing Commission of Maryville, Missouri" (the "TIF Commission").  The TIF Commission shall have continuous existence unless and until terminated by the adoption of an ordinance of the City Council (the "Council") terminating it.  (R.O. 2008 §110.340; Ord. No. 6557 §1, 6-23-03)

SECTION 110.350:   COMPOSITION

The TIF Commission shall be composed of eleven (11) members to be initially appointed as follows:

      1.   Six (6)  members shall be appointed by the Mayor of the City with the consent of the Council.

      2.   Within thirty (30) days after receipt of the mailed notice required by Section 99.830 of the Act, notice of a proposed redevelopment area, redevelopment plan or redevelopment project, two (2) members shall be appointed by Presiding Commissioner of Nodaway County (the "County") with the consent of the majority of the County Commission.

      3.   Within thirty (30) days after the receipt of notice of a proposed redevelopment area, redevelopment plan or redevelopment project required by Section 99.830 of the Act, two (2) members shall be appointed by the Board of Education of the Maryville R-II School District (the "school district").

      4.   Within thirty (30) days after receipt of the mailed notice required by Section 99.830 of the Act, notice of a proposed redevelopment area, redevelopment plan or redevelopment project, one (1) member shall be appointed, in any manner agreed upon by the affected taxing districts, to represent all taxing districts, other than the City, the County and the school district, levying ad valorem taxes within the area selected for a redevelopment plan.  (R.O. 2008 §110.350; Ord. No. 6557 §2, 6-23-03)

SECTION 110.360:   TERM

The terms of the members shall be as follows:

      1.   With regard to the term of the first (1st) six (6) members appointed by the Mayor with the consent of the Council:

            a.   Two (2) shall be designated to serve for terms of two (2) years;

            b.   Two (2) shall be designated to serve for terms of three (3) years; and

            c.   Two (2) shall be designated to serve for terms of four (4) years.

            Thereafter, members appointed by the Mayor with the consent of the Council shall serve for a term of four (4) years.  All vacancies shall be filled for the unexpired terms in the same manner as were the original appointments.

      2.   The members who are appointed by the County, the school district and other taxing districts shall serve on the TIF Commission for a term which coincides with the length of time such redevelopment project, redevelopment plan or the designation of the area for which they were appointed is being considered for approval by the TIF Commission.  Such term will terminate upon final approval of such redevelopment project, redevelopment plan or designation of the area by the Council.  (R.O. 2008 §110.360; Ord. No. 6557 §3, 6-23-03)

SECTION 110.370:   VOTING

Those TIF Commission members who are appointed by the school district, the County and other taxing districts shall only be authorized to vote on matters specifically and directly relating to the redevelopment plan, redevelopment project or redevelopment area upon which their affected taxing districts levy ad valorem taxes.  (R.O. 2008 §110.370; Ord. No. 6557 §4, 6-23-03)

SECTION 110.380:   OFFICERS

The TIF Commission, upon the effective date of this Article, shall organize itself and elect from its six (6) members appointed by the Mayor, a Chairman, Vice Chairman, Treasurer and Secretary, each to serve for one (1) year terms or until their successors are elected.  (R.O. 2008 §110.380; Ord. No. 6557 §5, 6-23-03)

SECTION 110.390:   MEETINGS

The TIF Commission shall meet regularly and shall adopt such rules and regulations for operation as shall enable it to maintain an orderly procedure for its business and to effectively and efficiently exercise the pointers authorized by the Statute and delegated to it by the Council.  (R.O. 2008 §110.390; Ord. No. 6557 §6, 6-23-03)

SECTION 110.400:   RECORDKEEPING

The TIF Commission shall keep records and minutes of its meetings and shall report annually to the Council with regard to its activities.  (R.O. 2008 §110.400; Ord. No. 6557 §7, 6-23-03)



ARTICLE VII.  PUBLIC ART ADVISORY COMMITTEE



SECTION 110.410: PURPOSE AND INTENT


It is the purpose and intent of the City to promote and expand the opportunities for its citizens to experience public art and other projects resulting from the creative expression of visual arts in public places within the City.  A policy is hereby established to direct the inclusion of works of art in public spaces within the City of Maryville, Missouri.


SECTION 110.420. DEFINITIONS


As used in this Chapter, the following terms shall have these prescribed meanings:


CITY - The City of Maryville, Missouri


PUBLIC ART - Means a work of art that is visible or accessible to the general public.  Public art is generally large-scale and may include sculpture, painting, installations, photography, video, works of light or sound, or any other work or project determined by the Public Art Advisory Committee to satisfy the intent of this Chapter.


PUBLIC ART ADVISORY COMMITTEE - A group if qualified citizens, appointed by the city Council, to oversee, in conjunction with City staff, the selection of public art, its placement and location, and to recommend to the City Council the placement of specific pieces, while staying within budgeted amounts.


PUBLIC ARTS PROJECTS PLAN - A prioritized list of public art projects to be undertaken in any given year with budgets and recommended site and design approach, developed by the provider of art pieces and the Public Art Advisory Committee of the City of Maryville.



SECTION 110.430: CREATION, ESTABLISHMENT AND QUALIFICATIONS OF OFFICE


A. There is hereby created and established a Public Arts Advisory Committee for the City of Maryville, Missouri,which shall consist of seven (7) members, citizens and residents  of Maryville, Missouri,who shall be appointed by the Mayor with the consent of the City Council.  Members shall have the same qualifications for office as the City Council.

1. Appointment - term of office.  The members of such Public Art Advisory Committee shall be appointed by the Mayor subject to confirmation of the City Council.  Initially one (1) member shall be appointed  to serve a one-year term; three (3) members shall be appointed to serve two-year terms; and three members shall be appointed to serve three-year terms.  All appointments shall be made effective from the same date, and, annually thereafter, the Mayor shall appoint as before, or reappoint , members whose terms have expired to three-year terms of office.  Appointments  to fill unexpired terms of members or alternates shall be for the remainder of the term.  Members shall serve until their successors are appointed, confirmed and qualified.  The members of the Public Art Advisory Committee shall serve without compensation.


2. Election of officers.  The Committee shall elect one (1) of its members as President and another as Vice President at the first regular meeting of the Committee.  The Committee shall elect one (1) of its members as Secretary to the Committee which shall show the vote of each member upon each question.  The Secretary shall keep records of all official actions of the Committee, ans shall be open to the public.  An agenda shall be posted at City Hall no less than twenty-four (24) hours prior to the time of a committee meeting.


3. Rules, by-laws, meeting a quorum.

a. The Committee shall have the power to adopt such rules of procedure and by-laws, subject to City Council approval, as it shall deem proper and necessary to carry out the provisions of this Chapter.


b. The rules shall fix the time and place for regular meetings of the Committee. All meetings of the Committee shall be held in compliance with the Missouri Open Meetings, Open Records law. 


  c. Four (44) members shall constitute a quorum of the Committee. Every determination by the Committee, in any matter pending before it, must be decided by a quorum of the Committee and must receive the vote of at least four (4) voting members, voting in the affirmative, in order to carry.



SECTION 110.440.  POWER AND DUTIES 


A. The Duties of the Public Art Advisory Committee shall be as follows:


1. To act in an advisory capacity to the City Council and City Manager in all matters concerning  public art.


2. To facilitate communication and cooperation between public art and adjacent property owners.


3. To take action or provide recommendations to the City Council regarding the public display  and installation of art in accordance with City Council -adopted policies or resolution. 


4.  To develop, maintain and update a public art projects plan periodically for presentation to and approval by the City Council.


5.  To explore and suggest outside funding sources for public arts.


6. To expand and enhance public art education in the community.


7. To promote and stimulate public interest in art.


8.  To perform such additional functions relating to public art as may be delegated to the Committee pursuant to a project, policy or resolution by the City Council.



SECTION 110.450: STANDARDS OF REVIEWS


A. In performing its duties with respect to the public arts program, the Public Arts Advisory Committee shall give special attention to the following matters:


1. Conceptual compatibility of the design with the immediate environment of the site;


2. Appropriateness of the design to the function of the site;


3. Compatibility  of the design and location within a unified design character or historical character of the site.


4. Appropriateness of the materials, textures, colors and design to the expression of the design concept;


5. Representation of a broad variety of tastes within the community and the provisions of  a balanced inventory or art in public places to insure a variety of style, design, and media throughout the community that will be representative of the eclectic tastes of the community.



SECTION 110.460: OWNERSHIP


All art objects acquired pursuant to this Article shall be acquired in the name of the City of Maryville, Missouri. (Ord. No. 7594 § 1,1-27-2014)



    ARTICLE VIII: TOURISM COMMISSION


SECTION 110.500:    PURPOSE AND INTENT

It is the purpose and intent of the Tourism Committee to help facilitate efforts towards enhancing the vitality and broadening the economic base of Maryville through the development and promotion of tourism.


SECTION 110.510:    COMPOSITION

  1. The Tourism Committee shall consist of nine (9) members appointed by the Mayor with the consent of the City Council.

 1.  One (1) representative shall be appointed from each of the following organizations who have a vested interest in the tourism industry: Greater Maryville Chamber of Commerce, Nodaway County Economic Development, Maryville Downtown Improvement Organization, Northwest Missouri State University, City of Maryville and Maryville Parks & Recreation.

2.  Three (3) members representing the general interests of the community.

  1. One (1) member of the City Council shall serve as liaison in a non-voting capacity. All members shall be residents of the City.  


SECTION 110.520:    COMPENSATION AND QUALIFICATIONS

All members of the Tourism Committee shall serve without compensation and shall have the same qualifications for office as are required of members of the City Council.


SECTION 110.530:    TERMS – FILLING VACANCIES

Members of the Tourism Committee will be appointed for a term of three (3) years; but, of the members first (1st) appointed, three (3) shall be appointed for a term of one (1) year, three (3) shall be appointed for a term of two (2) years, and three (3) shall be appointed for a term of three (3) years.


SECTION 110.540:    ELECTION OF OFFICERS

The Committee shall elect one (1) of its members as President and another as Vice President at the first (1st) regular meeting of the Committee.  The Committee shall elect one (1) of its members as Secretary to the Committee and this person shall keep the minutes of all proceedings of the Committee which shall show the vote of each member upon each question.  The Secretary shall keep records of all official actions of the Committee and all minutes and records shall be kept and filed in the office of the City Clerk and shall be open to the public. 


SECTION 110.550:    RULES, BYLAWS, QUORUM

  1. The Committee shall have the power to adopt such rules of procedure and bylaws, subject to City Council approval, as it shall deem proper and necessary to carry out the provisions of this Chapter. 
  1. The rules shall fix the time and place for regular meetings of the Committee.  All meetings of the Committee shall be held in compliance with the Missouri Open Meetings, Open Record law. An agenda shall be posted at City Hall no less than twenty-four (24) hours prior to the time of a committee meeting. 
  1. Five (5) members shall constitute a quorum of the Committee.  Every determination by the Committee, in any matter pending before it, must be decided by a quorum of the Committee and must receive the vote of at least five (5) voting members, voting in the affirmative, in order to carry.

    

SECTION 110.560:  POWERS AND DUTIES

The duties of the Tourism Committee shall be as follows: 

1.  To act in an advisory capacity to the City Council and City Manager in all matters concerning tourism. Duties may include preparation and data review, analysis, and review of other pertinent information to recommend strategies for action to improve tourism within the City.

 

2.  To facilitate communication, cooperation, and scheduling efforts between the City of Maryville and Northwest Missouri State University with regards to events and planned activities at the Northwest Multipurpose Complex. 

 

3.  To provide recommendations to the City Council regarding transient guest tax revenues to promote and develop tourism in the city.

 

4.  To explore and suggest comprehensive marketing projects, including advertising media buys, creation and distribution of printed or electronic promotional tourism material, or coordination of efforts to recruit conventions, sporting and other events to the community. 


5.   To perform such additional functions relating to tourism as may be delegated to the Committee pursuant to a project, policy, or resolution by the City Council. (Ord. No. 7931 § 1/23/2017)