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  Located between the bluffs of the Mississippi River is a town called Hannibal, Missouri. Hannibal was the boyhood home of Samuel Clemens, known the world over as Mark Twain, who wrote many tales about Hannibal in several of his books.

Hannibal acquired its name from Hannibal Creek, now known as Bear Creek, named by Don Antonio Soulard, Spanish surveyor-general who mapped the area in 1800 for the Spanish government. Hannibal was the name of the Carthaginian general Hannibal (247-182 BCE) who was one of the greatest military leaders in history.

The site of Hannibal was first owned by Abraham Bird who received 640 acres of land from the US government through an earthquake certificate. He lost his land in the New Madrid earthquake of 1811 and 1812. The huge quake had been felt as far away as the Carolinas. As a result of the earthquake the Mighty Mississippi River changed courseand began flowing backwords for three days. Many farmers like Bird lost their land. The certificates issued by the Federal government allowed those who lost their land to have other properties in Missouri.

Hannibal was finally founded in 1819 by Moses Bates who platted the town for the Hannibal Company that sold the lots at low prices. He and Jonathan Fleming built the first building in town, a log cabin, near the corner of North Main and Bird Streets. Bates also owned the first steamboat in town, the General Putnam. In 1830, the population was only 30. However, when Hannibal became chartered as a city in 1845, James Brady became the town's first mayor, and the city soon grew to 2020 by 1850.

Some other famous citizens of Hannibal, just to name a few other than Mark Twain, include:

The Unsinkable Molly Brown, who earned her name by surviving the sinking of the Titanic, was born in Hannibal, Missouri in 1867.

Cliff Edwards was born in Hannibal in 1902. He was better known as Ukelele Ike, and is best remembered as the voice of Jiminy Cricket in the Walt Disney movie Pinocchio and for his recording of When You Wish Upon A Star from the same movie.

The Hannibal City Council and our City staff join me in welcoming you to "America's Hometown" Hannibal, Missouri.

Hannibal offers many excellent services to its visitors and is just a small stop along U.S. Highways 36 and 61. An enjoyable experience awaits you in discovering Hannibal's many points of interest. I urge you to take your time, relax and enjoy the many sights and attractions that highlight our community. You may want to rediscover Mark Twain's life on the Mississippi River by taking a cruise on the Mark Twain Riverboat. You can explore the passages and stalactite and stalagmite formations of Mark Twain Cave or simply drive up to Lovers Leap and learn the tale of two lovers who were together to the end.

In the Historic District, you can visit Mark Twain's Boyhood Home and the home of Becky Thatcher, his boyhood sweetheart. Hannibal also has the largest inland lighthouse in the country.

No matter what you choose to do, you'll find our town of nearly 18,000 population very accommadating. I'm sure you will agree with me that Hannibal is a magical experience for individuals and families alike!

Roy Hark, Mayor of Hannibal

City Officials at the Time of this Codification

Hannibal is divided into six wards, each of which is represented by one council person to be elected by the qualified voters of the City of Hannibal of the respective ward. All newly elected officials will serve a 3-year term.

MAYOR As a lifelong resident of Hannibal, Roy Hark is proud to be serving his second term as Mayor. Roy retired from the Hannibal Fire Department after 32 years of service. His last position held was that of Fire Chief. Mayor Hark's term as mayor in 2007.

COUNCIL MEMBER WARD 1 Kevin Knickerbocker serves as councilperson for the first ward of the City of Hannibal. Kevin is a lifelong resident and graduated from Hannibal High School in 1985. He graduated from Northeast Missouri State University (Truman) in 1990 with a bachelor’s degree in criminal justice. He has been employed by the State of Missouri Board of Probation and Parole as a Probation and Parole Officer for over 13 years. Kevin is very active in the Hannibal Jaycees and has served as President, Chairman of the Board, and National Tom Sawyer Days Chairman in 2002. Kevin and his wife have a young daughter. Kevin believes "Service to humanity is the best work of life". This is part of the Jaycee Creed and he wants to do his part to help his hometown be a place where he looks forward to raising his family. Kevin's term in office expires in 2006.

COUNCIL MEMBER WARD 2 Doug Green represents the second ward as their council representative. This is his first 3-year term as a member of Hannibal's City Council. His term in office expires in 2007. Doug has lived most of his life in Hannibal. He is currently employed at Buckhorn Rubber and is a senior hourly employee with almost 28 years of service. In addition, he spent 9 years driving the Hannibal Trolley. Doug and his wife are active members in the community. Doug also is a former Eagle Scout. When he has the time, Doug enjoys tennis, bowling and ping pong.

COUNCIL MEMBER WARD 3 Since 1989, Kyle Wilson has served as council member to the residents of the third ward. He can be seen walking the streets daily as the mailman for the downtown area. Kyle has lived in Hannibal all his life. His current term in office will expire in 2006.

COUNCIL MEMBER WARD 4 Jim Dexheimer represents the fourth ward and will continue to do so until 2007. Jim also serves as Mayor Pro Tem. He proudly represented these residents for over 15 years. Jim is a lifelong resident of Hannibal and he and his wife have two children. He is presently Chairman of the Fire Board.

COUNCIL MEMBER WARD 5 Jeff Hatton represents the fifth ward on the City Council and has done so since May, 2003. His current term in office will expire in 2006. Jeff is a lifelong resident of Hannibal and he and his wife have one son. He has been employed by Altorfer, Inc. for over 20 years. Jeff's hobbies are varied and include cooking, hunting, camping and minor construction.

COUNCIL MEMBER WARD 6 The citizens of the sixth ward have elected Terry Hull as their councilman. Terry's term in office expires in 2006. He currently serves on the Planning and Zoning Commission as the Council representative. He has been employed at Altorfer for over 20 years. Terry and his wife have 3 children and have lived in Hannibal for over 24 years.

City Manager - Andrew A. Morris City Attorney - C. Todd Ahrens City Clerk - Mary Beth Baudendistel CHARTER* __________ *Editor's note: The city's Home Rule Charter is compiled herein, as adopted April 1, 1997. The editor has treated this as superseding the former charter. For more information regarding ordinances that amended the former Charter, please see the Charter Comparative Table, following the Charter. The Charter has been printed in a style consistent with that of the Code. Obvious misspellings have been corrected without notation; other changes made for clarity have been enclosed in brackets [ ]. As Ordinance Number 3577 designated the major organized divisions of the Charter as chapters, such term has been used in chapter titles. __________

Preamble Ch. 1. Incorporation; Title; Form of Government; Powers; Wards; Boundaries; Annexation, §§ 1.01--1.08 Ch. 2. The Council, §§ 2.01--2.21 Ch. 3. Executive Department, §§ 3.01--3.11 Ch. 4. Administrative Service, §§ 4.01--4.15 Ch. 5. Department of Public Works, §§ 5.01--5.06 Ch. 6. Department of Parks and Recreation, §§ 6.01--6.11 Ch. 7. Department of Revenue, Finance, and Collection, §§ 7.01--7.12 Ch. 8. Department of Accounts, Records, and Payrolls, §§ 8.01--8.07 Ch. 9. Department of Budget, Audit, Purchasing, Control of Expenditures and Indebtedness, §§ 9.01--9.14 Ch. 10. Department of Law, §§ 10.01--10.04 Ch. 11. Board of Public Works, §§ 11.01--11.14 Ch. 12. Boards and Commissions, §§ 12.01--12.04 Ch. 13. Planning and Zoning, §§ 13.01--13.12 Ch. 14. Municipal Court, §§ 14.01--14.13 Ch. 15. Public Improvements and Special Tax Bills, §§ 15.01--15.03 Ch. 16. Franchises, §§ 16.01--16.05 Ch. 17. Nominations and Elections, §§ 17.01--17.13 Ch. 18. Initiative, Referendum, and Impeachment, §§ 18.01--18.08 Ch. 19. Miscellaneous Provisions, §§ 19.01--19.29 Ch. 20. Amendment of the Charter, § 20.01 PREAMBLE We, the people of the City of Hannibal, Missouri, in order to secure the benefits and advantages of the Constitution of the State of Missouri, adopted in the year 1945, and to promote the common welfare, establish Home Rule for the City of Hannibal, to provide and maintain a nonpartisan system for municipal government, do hereby adopt, ordain and establish this Home Rule Charter for the City of Hannibal, Missouri. CHAPTER 1. INCORPORATION; TITLE; FORM OF GOVERNMENT; POWERS; WARDS; BOUNDARIES; ANNEXATION Sec. 1.01. Incorporation; seal. The inhabitants of the City of Hannibal, Missouri, within the corporate limits and now established or as hereafter established in the manner provided by law, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the "City of Hannibal", and by that name shall have a common seal which they may change and alter at their pleasure. Sec. 1.02. Title. The title of this Charter shall be the "Home Rule Charter of the City of Hannibal" and may be cited as such. Sec. 1.03. Form of government. The municipal government provided by this Charter shall be known as a manager-council government. Pursuant to the provisions of this Charter and subject only to the limitations imposed hereby and by the laws and Constitution of the State of Missouri, all powers of the city shall be vested in the council, which council shall enact municipal legislation as in this Charter provided, adopt budgets, determine policies, and appoint, approve and confirm or remove the officers and appointees of the City of Hannibal as herein provided or as may be provided, by duly enacted ordinances of this city not in conflict with this Charter. Sec. 1.04. Powers of the city. The city shall have all powers of local self-government and home rule, and all powers possible for a city to have under the constitution and laws of Missouri, or which it would be competent for this Charter specifically to enumerate or for the legislature to grant, including all powers enumerated by the statutes of this state now or hereafter applicable to cities of any class or population group whatsoever; and except as prohibited by the constitution or laws of this state, the city may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. Such powers shall be exercised in conformity with the provisions of this Charter, or in such manner as may be provided by the ordinances of the city which are not inconsistent with or be contrary to this Charter. The enumeration of particular powers in this Charter shall not be deemed to be exclusive of others, nor restrictive of general words or phrases granting powers and rights, nor shall a grant or failure to grant a power or right in this Charter impair a power granted in any other part of this Charter; and whether powers, rights, objects, or purposes are expressed conjunctively or disjunctively, they shall be construed so as to permit the council to exercise freely any one (1) or more such powers and rights as to any one (1) or more such objects for any one (1) or more such purposes. Sec. 1.05. Wards of the city. The city is hereby divided in six (6) wards, bounded and numbered as at the time of the adoption of this Charter. Ward boundaries shall be established by ordinance following each decennial census. Wards shall comprise and contain compact and contiguous territory and contain, as nearly as possible, an equal number of inhabitants. Sec. 1.06. Alteration of boundaries and additions to the city; how made. The boundaries of the City of Hannibal as established at the time of the adoption of this Charter may be altered, changed, enlarged or diminished from time to time as tracts or parcels of land are duly added or removed from the limits and boundaries of the city or by lawful action of the city.

Any tract of land adjoining the City of Hannibal may be annexed to the city upon passage of an ordinance by the city council to that effect and duly enacted pursuant to the applicable laws of the State of Missouri in force at the time of such annexation. The ordinance of annexation shall designate the ward of which such annexed territory shall become a part and shall also designate the zoning classification of such annexed territory under the zoning code of the city. Such territory so annexed shall form a part of the corporate limits of the city, and the inhabitants and property thereof and therein shall thereafter be entitled to all the rights and benefits of other inhabitants or property within the city and shall be subject to all the duties and responsibilities of all the laws, ordinances and rules of the City of Hannibal, and shall also be liable to assessment and taxation for city purposes as is all other property located in the City of Hannibal. Sec. 1.07. Boundaries; description. In each printed edition of the Revised Ordinances of the City of Hannibal hereafter published, the then existing boundaries of the City of Hannibal shall be set out by map or otherwise adequately described. Sec. 1.08. City limits; legal description thereof. Editor's note: The legal description is not published; a copy may be obtained from the office of the city clerk. CHAPTER 2. THE COUNCIL Sec. 2.01. Number and terms of councilmen. The council shall consist of six (6) members known as councilmen, one (1) councilman to be elected by the qualified voters of each of the six (6) wards for a term of three (3) years. Each councilman shall serve until his successor shall be elected and qualified. Two (2) councilmen shall be elected each year. (Ord. No. 4072, 8-18-98; Ord. No. 4132, § 1, 6-20-00) Editor's note: The amendment of section 2.01 was approved by the voters at election held on Nov. 3, 1998 and April 4, 2000. Section 2 of Ord. No. 4132 provided for the implementation of three year terms as follows: In order to effect the transition from terms of four years to terms of three years, current council members will complete their respective terms. Terms will be changed upon the end of the current term as follows; at the April 2001 election the term for the Second and Fourth wards will be three years, with the term for the Sixth ward to be for one year; at the April 2002 election, the Sixth ward term will become three years; at the April 2003 election, the First and Third Ward terms will be three years, with the term for the Fifth ward to be one year; at the April 2004 election, the Fifth ward term will be three years. Each succeeding election will be for three-year terms for all elections. Sec. 2.02. Qualifications. A councilman shall be at least twenty-five (25) years of age, a citizen of the United States and a registered voter of the city, an inhabitant of the city for at least one (1) year next preceding his election, and in the case of a ward councilmember, a resident of the ward from which he is elected for at least six (6) months next preceding his election. Councilmen shall hold no other lucrative public office nor, except as may be provided in this Charter, any position in the city government during their terms of office as councilmen, except that the following persons shall not be disqualified: A member of the national guard or naval or military reserve or a notary public. If a councilman shall cease to possess the above qualifications, or shall be absent from three (3) successive regular council meetings or from three (3) regular council meetings within any four month period without cause acceptable to a majority of the other members of the council, or shall be convicted of a crime involving moral turpitude, his office shall immediately become vacant. Upon removal of a ward councilman from the ward for which he was elected, or if by any change of ward boundaries he shall cease to be a resident of such ward, his office shall immediately become vacant. Sec. 2.03. Compensation; expenses. As compensation for the discharge of the duties of his office, each councilman, including the mayor pro tempore shall receive the sum of two hundred dollars ($200.00) per month. Councilmembers, including the mayor pro tempore shall receive no additional sums for expenses. Sec. 2.04. Vacancies. All vacancies in the council, except as otherwise provided herein, shall be filled by the council, upon its majority vote, for a period running to the next regular municipal election, at which time a successor shall be elected for the unexpired term of such vacant office. In the case of a ward councilman, such successor for such interim term shall be a resident of the ward where the vacancy in representation exists. Where a vacancy in the council occurs more than twelve (12) months next preceding a regular municipal election, the council shall within two (2) weeks, call a special election in the ward or wards affected for the election of a councilman for the unexpired term, for each such vacant office in the council, which election shall be held at the next regular election date specified by state law. Sec. 2.05. Presiding officer. The mayor shall be the presiding officer of the council and shall take part in its deliberations. In the absence of the mayor at a meeting of the council, or in other cases provided in this Charter, the presiding officer shall be the mayor pro tempore. (Ord. No. 4072, 8-18-98) Editor's note: The amendment of section 2.05 was approved by the voters at an election held on Nov. 3, 1998. Sec. 2.06. City clerk.

The city clerk shall attend all meetings of the council and act as the secretary of the council. He shall keep the journal of its proceedings; record in a permanent record and authenticate by his signature all the minutes, ordinances, resolutions, motions, and other council proceedings, necessary notices, publications, orders and hearings pursuant to council action or provisions of this Charter; notify all members of the council and the mayor of all special meetings of the council; and shall perform such other duties as may be required by law, by this Charter, or by the council. Sec. 2.07. Meetings, time and place. The council shall meet regularly not less frequently than once each month, may adjourn a regular or special meeting to a day certain and shall meet regularly and specially as prescribed by its rules. All meetings of the council shall be open to the public and shall be held in the council chambers of the city hall unless it is not tenantable. The first meeting of each newly elected council, for induction into office, shall be held on the first regular council meeting of the next month following the municipal election at which such new council members are elected. Council members or a mayor elected at a special election to fill a vacancy of an unexpired term shall be seated at the next regular council meeting following the special election. Sec. 2.08. Meetings; special. The mayor or any two (2) members of the council may cause a special meeting of the council to be called by filing a written request for the same with the city clerk stating the time and purpose or purposes of such meeting. The call for such special meeting shall be issued by the city clerk and shall state the time and place of such special meeting and shall include in the matters to be considered all matters set forth in the request for such special meeting. No matter may be considered at a special meeting of the council except such as are set forth in the call. Notice of such special meeting shall be given in the manner provided by ordinance. Sec. 2.09. Journal, record voting. The council shall keep a journal of its proceedings which shall be open to public inspection at all reasonable hours and shall be published from time to time as the council may provide by ordinance. The "ayes" and "nays" on any question shall, at the request of any member, be entered in the journal, and the "ayes" and "nays" shall be recorded on the final passage of every ordinance or resolution. Any councilman failing to vote upon such roll call vote shall receive no compensation for his attendance at such meeting of the council, unless such councilman be prohibited by law from voting or be excused by the council. Sec. 2.10. Quorum. A majority of the council shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the council may provide. Sec. 2.11. Vote required for council action. The affirmative vote of the council, as provided in this Charter, shall be necessary to adopt any ordinance, resolution, or motion, and unless otherwise specified in this Charter, such affirmative vote shall be the affirmative vote of a majority of the council members present at said roll call. Sec. 2.12. Rules of order; punish disorder and expel members. The council shall determine by ordinance its own rules and order of business and shall have power to punish its members for disorderly conduct, and with the concurrence of two-thirds of its members, to expel any members. Sec. 2.13. Qualifications; contested and tie elections; power to decide. The council shall judge the qualifications, elections, and returns of its own members and of the mayor and shall determine all contested elections. Where there shall be a tie in the election of councilmen or of the mayor, the judges of the election shall certify the fact to the council, and the council shall determine the same by lot under the supervision of the municipal judge. Such member elect shall be so declared, provided that for any other cause of contest the council shall determine and declare which candidate is elected. Sec. 2.14. Creation of new departments or offices; change of duties. Upon recommendation of the city manager or upon its own motion, the council by ordinance may create, change, combine or abolish boards, departments, offices or agencies other than the boards, departments, offices, and agencies established by this Charter. The council by ordinance may assign additional functions or duties to boards, departments, offices and agencies established by this Charter, but may not discontinue or assign to any other board, department, office or agency any function or duty assigned by this Charter to a particular board, department, office, or agency, except as otherwise provided in this Charter. Sec. 2.15. Compensation established by ordinance. The rate of compensation of all employees, officers, officials and department heads in the service of the city for salary, wage or other compensation, except officers and employees of the board of public works, shall be fixed and established, on a monthly, semi-monthly or hourly basis, by ordinance enacted by the council pursuant to the provisions of this Charter. The rate of compensation may be fixed for individual officers or employment, or by categories of employment. In the case of change of rate in compensation, the ordinance shall set out the effective date of the change and the rate of compensation to be established by such ordinance. Sec. 2.16. Confirmation of appointments. The council shall act on all appointments of officials submitted by the city manager or the mayor for approval at the first regular or special meeting thereafter, provided that the council shall in no case act on such appointments until at least seven (7) days have lapsed next following submission to it of such appointments for approval. Sec. 2.17. Removal from office. By majority vote, the council may remove from office any appointive officer of the city who is unable to discharge the duties of his office with efficiency by reason of continued sickness or physical or mental infirmity or continuing absence from the city. Sec. 2.18. Official publication. The council shall by ordinance designate a daily or weekly newspaper within the city as official publisher of ordinances, resolutions, notices or other publication required by this Charter or by ordinances. Publication in such official publication shall satisfy the requirements of notice or publication provided by this Charter, unless otherwise provided herein. Sec. 2.19. Reserved. Editor's note: Ordinance No. 4331, § 1, adopted May 3, 2005, election of April 5, 2005, repealed § 2.19, which pertained to ordinances, publication, revision and derived from the Home Rule Charter, 4-1-97. Sec. 2.20. Legislative proceedings. In the transaction of legislative business, whenever the council shall act by ordinance, the following procedure shall be used: Every ordinance shall be by bill, which shall be in written or printed form, and the enacting clause shall be "Be it ordained by the Council of the City of Hannibal". No bill, except those making appropriations, shall relate to more than one subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject matter of the appropriation. All bills shall be read three (3) times before final passage, not more than two (2) of which readings shall be at the same legislative session; and at least one (1) week shall elapse between the introduction and final passage of any bill, except in the case of an emergency bill. An ordinance may be passed as an emergency measure on the day of the introduction of the bill, provided the subject matter of such bill shall be restricted and limited to one (1) of the following subjects: (1) Any ordinance concerning the immediate preservation of public peace, property, health, safety or morals and containing the statement that an emergency exists and specifying distinctly the facts and reasons constituting the emergency. (2) Any ordinance making an appropriation for payment of principal or interest in the public debt. (3) Any ordinance making an appropriation for the payment of current expenses of the city government or the payment of compromise settlements of damage claims upon the recommendation of the city attorney. (4) Any ordinance calling an election or providing for the submission of a proposal to the people. (5) Any ordinance fixing any tax rate or assessment. (6) Any ordinance relating to any public improvements to be paid for by special assessment. The vote of two-thirds of the members of the council or the unanimous vote of those members present, whichever is the lesser, shall be required to pass an ordinance as an emergency measure.

Every bill introduced shall be filed with the city clerk on the day of its first reading and shall remain on file in this office for public inspection until it is finally adopted or fails of passage. Prior to the final passage of any bill, other than as an emergency measure, all persons interested therein shall be given an opportunity to be heard before the council, in accordance with such rules and regulations as the council may adopt. After the third reading of any bill and compliance with the other provisions herein, the council may finally pass the bill with or without amendment; except that if the council shall make an amendment which shall constitute a change in substance, the bill as amended shall be filed in the office of the city clerk for one (1) additional week, and an opportunity afforded for further public hearing after which final action may be taken thereon. Ordinances passed by the council and signed by the mayor shall be attested by the city clerk and immediately filed and thereafter preserved in the office of the city clerk. All ordinances shall be recorded in full in a permanent record in the office of the city clerk. All ordinances approved and adopted shall be effective from the date of such approval and adoption. (Ord. No. 4331, § 2, 5-3-05/4-5-05) Sec. 2.21. Powers of the council. Not in restriction of and without limitation to the powers conferred upon the city by section 1.04 of this Charter or by any other provisions of this Charter, the council shall have the power by ordinance, not inconsistent with this Charter, to do all things now or hereinafter enumerated by the laws of the State of Missouri, applicable to cities of the first, second, third, or fourth class, special or constitutional Charter cities or of any population group or classification of cities, and such laws are hereby incorporated into this Charter by reference, and shall have the power to do, but shall not be restricted to the following: Enact, adopt and enforce all ordinances, rules and regulations; do all things and exercise all governmental and municipal authority necessary, needful and convenient, contributing to or bearing a substantial relation to the full and complete exercise of all the powers in this Charter enumerated. CHAPTER 3. EXECUTIVE DEPARTMENT Sec. 3.01. Where powers vested. Except as this Charter provides otherwise, all powers of the city shall be vested in the council. The council shall provide for the exercise of those powers and for the performance of all duties and obligations imposed on the city by law. Sec. 3.02. Mayor; election, term, compensation. The mayor shall be elected by the qualified voters of the city. He shall hold his office during the term of three (3) years and until his successor has been duly elected and qualified. He shall be eligible for re-election. The mayor shall receive an annual salary in an amount to be fixed by ordinance. (Ord. No. 4072, 8-18-98; Ord. No. 4132, § 3, 6-20-00) Editor's note: The amendment of section 3.02 was approved by the voters at elections held on Nov. 3, 1998 and April 4, 2000. Sec. 3.03. Mayor, how nominated. Any person possessing the qualifications hereinafter set forth for the office of mayor may be nominated for mayor and his name placed upon the ballot upon his filing with the city clerk the declaration of candidacy and paying the filing fee and otherwise conforming to the provisions of chapter 17 of this Charter. Sec. 3.04. Mayor, qualifications. No person shall be eligible to the office of mayor except a citizen of Missouri, and a citizen of the United States for at least five (5) years prior to his election; neither shall any person be eligible to that office who at the time of his election, shall not have attained the age of twenty-five (25) years, and have been a resident of the City of Hannibal continuously for at least five (5) years immediately preceding his election, and a registered voter of said city. Sec. 3.05. Mayor, duties. The mayor shall preside at meetings of the council, and shall be recognized as the head of the city government for all legal and ceremonial purposes by the governor for purposes of military law. The mayor shall have no administrative duties and shall have no veto power. Sec. 3.06. City manager. There is created the office of city manager, the person holding such office shall be appointed thereto by the city council for an indefinite term. The manager shall be appointed solely on the basis of his or her executive and administrative qualifications and the compensation shall be fixed by the council. The manager need not be a resident of the city or state at the time of the appointment. Sec. 3.07. Removal. The council may remove the manager from office in accordance with the following procedures: (a) The council shall adopt by affirmative vote of a majority of all of its members a preliminary resolution which must state the reasons or removal and may suspend the manager from duty for a period not to exceed forty five (45) days. A copy of the resolution shall be delivered promptly to the manager. (b) Within five (5) days after a copy of the resolution is delivered to the manager, he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The manager may file with the council a written reply not later than five (5) days before the hearing. (c) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one. The manager shall continue to receive his or her salary until the effective date of a final resolution of removal. The action of the council in suspending or removing the manager shall not be subject to review by any court or agency. Sec. 3.08. Acting city manager. By letter filed with the city clerk, the manager shall designate, subject to approval by the council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the disability shall cease. Sec. 3.09. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city, and shall devote his entire time to the duties of his office. The city manager shall hold office at the pleasure of the city council. Before entering upon the duties, such city manager shall take the official oath required by law. The city manager shall have the following powers and duties: (a) He shall appoint and, when he deems it necessary for the good of the service, suspend or remove any city employee, or appointive administrative officer provided for by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (b) He shall direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or law. (c) He shall attend all council meetings and shall have the right to take part in the discussion but may not vote. He shall receive notice of all special meetings. (d) He shall see that all laws, provisions of this Charter and acts of the council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully carried out. (e) He shall prepare the annual budget and capital program and submit them to the council pursuant to the requirements of chapter 9 of this Charter. (f) He shall submit to the council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year. (g) He shall make such other reports as the council may require concerning the operations of city departments, office and agencies subject to his direction and supervision. (h) He shall keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he deems desirable. (i) He shall perform such other duties as are specified in this Charter or may be required by the council. Sec. 3.10. Mayor pro tempore.

The council shall elect from its members, a councilman to serve as mayor pro tempore. The mayor pro tempore, whenever the mayor shall be absent for the city, or for any cause shall be unable to discharge the duties of the office, shall have all the powers and perform all of the duties of the mayor during his absence of disability. The mayor pro tempore, while serving in the capacity of mayor due to the incapacitation or permanent departure of the mayor, shall be entitled to the full or partial salary of the mayor, as determined by the council in a fair and equitable manner. (Ord. No. 4072, 8-18-98) Editor's note: The amendment of section 3.10 was approved by the voters at an election held on Nov. 3, 1998. Sec. 3.11. Vacancy in the offices of mayor and mayor pro tempore. If a vacancy shall occur in the office of mayor, the mayor pro tempore shall perform the duties of mayor and shall order an election for the purposes of selecting a mayor to be held at the next election date designated by state law. While exercising the functions of mayor, the mayor pro tempore shall continue to be a member of the council and shall continue to possess all of his powers and rights as a councilman. Any vacancy in the office of mayor pro tempore shall be filled by election by the council of another of its members. CHAPTER 4. ADMINISTRATIVE SERVICE Sec. 4.01. Administrative departments. There shall be the following administrative departments: Fire, police, engineering and public works, parks and recreation, revenue and finance, records, accounts and payroll, budget, audits and purchasing, and department of law. The number of departments may be increased by ordinance, but no duty or function, the performance of which is required by this Charter, shall be discontinued. Nothing in this Charter shall be construed so as to prevent the council from combining the police department and the fire department into a department of public safety. Sec. 4.02. Powers and duties. All departments shall have such powers and perform such duties as are prescribed by law or by this Charter, and if not so prescribed, then such as may be prescribed by ordinance. Sec. 4.03. Department heads; duties. At the head of each administrative department there shall be a director who shall be an officer of the city and shall have supervision and control of the department, subject to the city manager. More than one (1) department may be headed by the same person, unless otherwise provided by this Charter. Sec. 4.04. Appointive officers; appointment, compensation, removal, bond, and term. Except as otherwise provided in this Charter or by ordinance not inconsistent with this Charter, all department heads, heads, members of boards and commissions, administrative officers, or other officers or officials of the city shall be appointed by the city manager, subject to the approval of the council, for an indefinite term and shall receive such compensation and give such bond as may be provided by ordinance, and may be removed from office in such manner and by such procedure as is provided by this Charter. Where this Charter, or an ordinance not inconsistent with this Charter, provides for an appointment for a term of years, the term of such office shall commence on the first day of May in the year in which the term ends. Sec. 4.05. Police department. The police department shall have the charge of the enforcement of the ordinances of the city and of the arrest of persons accused of the commission of crimes, misdemeanors or violations of ordinances and shall have such other duties and functions as may be conferred upon it by ordinance or administrative order not inconsistent with this Charter. Sec. 4.06. Police chief; appointment; other duties. The chief of the police department shall be designated as the police chief of the City of Hannibal. He shall be appointed by the city manager, subject to the approval of the council and shall serve until his successor is appointed. The chief of police shall be in charge of the city jail, the police department, the equipment of the police department and the traffic control and regulation system of the city. The chief of police shall receive such salary and be required to give such bond as may be provided by ordinance. There shall be such other members of the police department divided into such ranks and grades as are now or may hereafter be provided by ordinance and receiving such compensation as may be fixed by ordinance. Within thirty (30) days after taking the oath of office, the mayor shall appoint a police board with the advice and consent of the council, consisting of three (3) councilmen, no two (2) of whom shall reside in the same ward. They shall serve for a term of two (2) years or until their successors are appointed. The police board, subject only to the legislative and rule making power of the council, shall have full and complete power in respect of the police department; including the powers; (1) To appoint and discharge the police chief and police officers of the city. (2) To hear complaints and grievances of police personnel and of the public and to act upon the same if within its power to do so. (3) To supervise the administration of any and all rules and regulations ordained by the council in respect of the police department. Administrative decisions of the police board shall be executed by the police chief, save in the case of decisions affecting the police chief which shall be executed by the police board. The city clerk shall be the ex officio secretary of the police board and keep a record of its proceedings. (Ord. No. 4143, § 1, 8-15-00) Editor's note: The amendment of section 4.06 was approved by the voters at an election held on Nov. 7, 2000. Sec. 4.07. Police officers; powers. The chief of police and all police officers of the city shall have the power conferred by law upon police officers of constitutional charter cities, special charter cities, cities of the first class, second class, third class, fourth class, or of any population group, and by ordinance not inconsistent with this Charter, and such officers shall be deemed to be peace officers. Sec. 4.08. Fire department. The fire department shall have the charge of the extinguishment of fires, the inspection of buildings, structures fire escapes and premises for the discovery of fire and safety hazards, the enforcement of ordinances and regulations for the prevention of fires and safety hazards and such other duties and responsibilities as may be provided by ordinance or administrative order not inconsistent with this Charter or the laws of the State of Missouri. Sec. 4.09. Fire chief; appointment; other personnel. The director of the fire department shall be the fire chief. He shall be appointed by the fire board of a term of two (2) years, but shall serve until his successor is appointed. The fire chief, subject to the supervision and control of the fire board, shall be in charge of the fire department, its equipment, and personnel. The fire chief shall receive such salary and be required to give such bond as may be provided by ordinance. There shall be such other members of the fire department, divided into such ranks and grades as are now, or may be hereinafter provided by ordinance, receiving such compensation as may be fixed by ordinance.

Within thirty (30) days of taking the oath of office, the mayor shall appoint a fire board with the advice and consent of the council, consisting of three (3) council members, no two (2) of whom shall reside in the same ward. They shall serve for the term of two (2) years or until their successors are appointed. The fire board, subject only to the legislative and rulemaking power of the council, shall have the full and complete power in respect to the fire department, including the powers: (1) To appoint and discharge the fire chief and firemen of the city. (2) To hear complaints and grievances of fire personnel and of the public and to act upon the same if within its power to do so. (3) To supervise the administration of any rules and regulations ordained by the council in respect of the fire department. Administrative decisions by the fire board shall be executed by the fire chief, save in the case of decisions affecting the fire chief which shall be executed by the fire board. The city clerk shall be ex officio secretary of the fire board and keep a record of its proceedings. Sec. 4.10. Fire chief; duty to report violations of ordinances and fire and safety regulations. Whenever it shall come to the knowledge of the fire chief that there exists in or upon any building, structure, fire escape or premises within the city, any condition, electrical wiring, machinery, contrivance or thing constituting a fire or safety hazard or other hazard to the public health, safety and welfare of the inhabitants of the city and in violation of any ordinance, code, rule or regulation of the city, it shall be the duty of the fire chief to report the same to the city attorney together with a statement of the facts constituting such violation and the location and ownership of the premises involved. Whereupon, if it appears that there is probable cause for believing that an ordinance, code, rule, or regulation of the city has been violated, the city attorney shall file a complaint in the municipal court against the alleged violator and prosecute the same as other actions in the municipal court. Sec. 4.11. Police and firemen retirement fund. The policemen and firemen retirement fund heretofore created and established by ordinance approved by a majority vote of the qualified voters voting on said proposition, and as subsequently amended, is hereby ratified and confirmed and shall continue in full force and effect subject to such change and modifications as may hereinafter be lawfully made. Sec. 4.12. Merit system; fire and police departments. The council shall have the power to provide for a merit system for the appointment, suspension, advancement, and dismissal of members of the fire and police departments and the existing merit system in those departments shall remain in full force and effect unless the same be changed or modified by ordinance. Sec. 4.13. Merit system; other departments. The council may establish by ordinance a merit system for the selection, promotion, tenure and dismissal of a part or all of the employees of any or all executive and administrative departments of the city created by this Charter or by ordinance enacted pursuant thereto, provided such merit system shall not apply to the heads of the various executive departments created by this Charter. Sec. 4.14. Appointive officers; disqualified for other public office. The heads of the various departments of the city government and other appointive officers of the city shall hold no other lucrative public office during their tenure of office, except that the following persons shall not be disqualified: a member of the national guard or military or naval reserve or a notary public. Sec. 4.15. Fire and police departments; parity of pay. Notwithstanding any other provision to the contrary, the members of the police department and the fire department shall have the parity of rank and parity of salary. CHAPTER 5. DEPARTMENT OF PUBLIC WORKS Sec. 5.01. Department; director; qualifications. There shall be a department of public works in the charge of the director of public works who shall be a professional engineer trained in engineering science and practice, registered as such under the laws of Missouri and qualified to perform the duties required of him by this Charter and the ordinances of the city. Sec. 5.02. Director of public works; powers and duties. The director of public works shall serve as the city engineer and ex officio sewer commissioner and shall have the charge of: (1) The designing, construction, reconstruction, supervision of all municipal buildings, bridges, viaducts, waterways, sewage disposal plants, incinerators, sewers, drains, levees, river front, airports, airport or river terminals, public market facilities, offstreet parking facilities, tunnels and structures and all other physical properties and facilities which the city may hold or acquire under power conferred by this Charter, including alterations, replacements, additions and appurtenances thereto, and the operation, maintenance and repair of the same unless otherwise provided in this Charter or by ordinance. (2) The planting and care of all trees, shrubbery and other landscaping located on property owned by the city; the physical construction and improvement, and the physical maintenance and operation of all parks, parkways, golf courses, recreational centers, cemeteries, camps, swimming pools, and all other city owned lands and buildings to be used for recreational purposes, subject to such supervision, control, and direction by the park and recreation board as may be applicable under chapter 6 of this Charter. (3) The grading, construction, repair and improvement of all streets, alleys, highways, sidewalk spaces and other public ways and places, and keeping the same open and in a safe and clean condition. (4) The construction, reconstruction, repair and maintenance of all pavements, curbs and sidewalks. (5) The collection and disposal of garbage, ashes and refuse and treatment and disposal of sewage. (6) The lighting of public grounds, streets and other public ways, the laying of conduits, the location, erection and construction of poles and appurtenances, and all structures and facilities in, on or over public grounds, streets, alleys and other public ways, the granting of permits to excavate into or disturb any highway, street, alley, or other public property or way, or to make any special use thereof, provided, with respect to such functions, the scope of duties of this department shall be coordinated with the duties of the board of public works by the city manager. (7) The inspection of gas, plumbing, electrical wiring, boilers, elevators, fire escapes, smoke, sanitary and safety equipment of all buildings and structures within the city, the inspection of weights and measures, and such other inspectional duties as the council may prescribe by ordinance. (8) The supervision and control, as far as the city can exercise it, over all privately owned or operated public utilities in the city, and the enforcement of the terms of all franchise and ordinances relating to such utilities. (9) The administration of all building and zoning codes or ordinances, including the issuance and revocation of permits and the making of inspections required or authorized by law or ordinance. (10) The making and keeping of all records of plats, surveys, drawings, and estimates, and the furnishing of all information and reports relating to public works or the department of public works as may be required by the city manager or the council. (11) The making of surveys and the establishment of grades, boundaries, lines, corners, and descriptions of public and private property within the city and of streets, alleys, ways. thoroughfares, sewers, and other public places and improvements in the city. (12) The making and keeping of records of the location, direction, depth and connection of all underground structures, pipes, conduits, and equipment of a public nature. (13) The drafting of a building code, plumbing code, electrical code, and amendments thereto for adoption by the council. (14) The appointment of draftsmen, surveyors, engineers or other assistants, subject to the approval of the city manager and the council. As director of public works and as city engineer, he shall perform such additional duties and functions not herein specifically set out as may be required of him by this Charter, by law, by ordinance, or by the city manager. Sec. 5.03. Limitation upon jurisdiction. The jurisdiction, powers and duties of the department of public works shall not extend to matters under the exclusive control of the board of public works, or under the control of other boards or commissions as provided in this Charter or preserved to the same by chapter 12 of this Charter. By direction of the city manager or at the request of any such board or commission, the department of public works shall cooperate with, and supply its facilities and services to, any such board or commission. Sec. 5.04. Building inspection; powers and duties.

There shall be a building inspector who shall have charge of inspecting weights and measures and shall be the administrative officer for the administration and enforcement of the zoning code, the building code and such other codes, rules and regulations as may be promulgated by the council or other lawful agency for the control and regulation of construction, fire prevention, electrical wiring and appliances, fire zones, safety measures, fire escapes or other physical property or thing affecting or pertaining to the public health, welfare and safety of the inhabitants of the city and not otherwise assigned by this Charter as a duty or function of another officer, department or agency of the city. The building inspector shall be an officer of the department of public works under the supervision of the city engineer and shall discharge such other inspectional duties of the department as may be assigned to his office by the city engineer or by ordinance. As such officer he shall have the power to issue and revoke permits, and, subject to the approval of the council, power to promulgate rules and regulations reasonably necessary to implement the codes and ordinances of the city. Sec. 5.05. Reserved. Sec. 5.06. Other personnel. There may be such superintendents, employees or other personnel in the department of public works as may be provided by ordinance. CHAPTER 6. DEPARTMENT OF PARKS AND RECREATION Sec. 6.01. Recreation department; director. There shall be an executive department known as the department of parks and recreation. The director of this department shall be known as the director of parks and recreation and shall be appointed, except as otherwise provided in this chapter, by the city manager with the advice and consent of the council on the basis of training and experience for the duties hereinafter assigned to the office. Pending such appointment and provisions by ordinance, or as otherwise provided in this chapter, for a park and recreational program as herein provided, the city engineer shall act, ex officio, as the director of parks and recreation. Sec. 6.02. Director; powers and duties. The director of parks and recreation shall be responsible to the city manager and council for an adequate and progressive recreational program within the budget of the city and shall have the power and be required to: (1) Manage and supervise the maintenance and repair of all buildings and improvements in parks and recreational places of the city. (2) Manage and control all recreational programs in all places and buildings owned or controlled by, or available to the city. (3) Manage and control the recreational use of all parks, parkways, playgrounds, golf courses, recreational centers, camps,, swimming pools, and such other city-owned lands, buildings, facilities, and equipment as may be authorized for recreational purposes. (4) Plan a park and recreation program, with the advice of the parks and recreation board, so that the city will have adequate and ample park and recreational facilities. (5) Submit a plan, with the advice of the parks and recreation board, for financing the park and recreational program. (6) With the advice of the parks and recreation board, formulate proposed rules and regulations for submission to the council for the proper use and protection of all property under the jurisdiction of the department. Sec. 6.03. Parks and recreation board; appointment, term. There shall be a parks and recreation board, appointed by the city manager with the approval of the council, consisting of nine (9) members chosen from the citizens at large with reference to their fitness for such office, and no member of the municipal government shall be a member of the board. The members shall hold office, one-third for one (1) year, one third for two (2) years, and one third for three (3) years from the first of June next following their appointment, and at their first regular meeting shall cast lots for their respective terms, and annually thereafter, the city manager shall, before the first of June of each year, appoint as before, three (3) members, who shall hold office for three (3) years and until their successors are appointed. The city manager may, by and with the consent of the council, remove any member for misconduct or neglect of duty. Sec. 6.04. Park board; vacancies; no compensation. Vacancies in the park and recreation board, occasioned by removal, resignation or otherwise, shall be reported to the council and be filled for the unexpired term in like manner as original appointments. The members of the board shall serve without compensation. Sec. 6.05. Park board; organization; by-laws. The members of the parks and recreation board shall immediately after their appointment meet and organize by the election of one (1) of their number president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their guidance and for the government of the parks and recreation facilities of the city as may be deemed proper and necessary, not inconsistent with the provisions of this chapter. Sec. 6.06. Park board; powers and duties. The parks and recreation board shall have the power and be required to: (1) Act in an advisory capacity in all matters pertaining to public parks and recreation. (2) Consider the annual budget of the department of parks and recreation and make recommendations with respect thereto to the city manager and the council. (3) Assist in the planning of a recreational program, promote and stimulate public interest therein; and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies. (4) Consider, develop and recommend to the council plans and methods of quickening and strengthening public interest in historic places and things within the city, publicizing the same and developing and promoting the visiting of tourists and their use and enjoyment of the parks and recreational facilities of the city . Sec. 6.07. Park board; additional powers and duties, when. In the event the inhabitants of the city shall by their vote provide for an annual tax levied for parks and recreation as in this chapter provided, the board of parks and recreation shall have the following additional powers and duties: (1) The exclusive control of all monies collected to the credit of the park fund and of the supervision, improvement and custody of the park and recreational facilities and programs of the city. (2) The power to purchase, or otherwise secure ground and facilities for parks and recreational facilities, with the approval of the council. (3) The power to appoint the director of parks and recreations and fix his compensation, subject to the approval of the city manager and the council, and to provide for other necessary personnel in the department of parks and recreation, fix their compensation and shall have the power to remove all such appointees; and shall in general carry out the spirit and intent of this chapter. (4) The said board, on or before the third Monday in June, shall make an annual report to the council stating the condition of their trust on the thirty-first day of May of that year, the various sums of money received from the park fund and other sources, and how much money has been expended and for what purposes, with such other statistics, information and suggestions as the members may deem of general interest. All such portions of such reports as relate to the receipt and expenditures of money shall be verified by affidavit. (5) The said board shall annually, on or before the fifteenth day of April, prepare and file with the city manager its budget for the ensuing fiscal year and such budget shall be included in and made a part of the budget of the city. Sec. 6.08. Public parks and recreation; petition, special tax, election. When not less than one hundred (100) taxpaying voters of the city shall petition the mayor and council, asking that an annual tax be levied for the establishment and maintenance of free public parks within the city and providing for suitable entertainment therein, and shall specify in their petition a rate of taxation on the dollar annually on all taxable property in the city, the mayor and council shall direct the city clerk to give notice of the annual election or special election which may be called for the purpose of voting on such question, that at such election each voter may vote.

If such proposition carries by a majority vote of the voters voting at such election, the tax specified in such proposition shall be levied and collected in like manner with other general taxes of the city and shall be known as the park and recreation fund. Such taxes shall be within the constitutional limitation upon the power of the city to levy taxes and shall cease in case the legal voters of the city shall so determine by a majority vote at any election held thereafter. Nothing in this section shall prevent the making of a charge for the use of recreational or entertainment programs, activities of (or) facilities operated in such parks for the purpose of recapturing a part or all of the cost of the same. Sec. 6.09. Public parks; adjustment of park tax. In the case of an increase in valuation in any year of the taxable property within the city, the council may reduce the levy of the park and recreation tax provided for in this chapter by levying a tax for the maintenance of such free public parks which in the judgment of the council shall be sufficient for the maintenance of said free public parks throughout the year, but in no case shall the tax so levied for any one (1) year exceed ten (10) percent more than the tax of the previous year. Sec. 6.10. Park fund; how deposited and disbursed. All monies received from the tax levied and from any charge made for the use of recreational and entertainment programs, activities or facilities under authority of section 6.08 of this chapter shall be deposited in the treasury of the city to the credit of the park and recreation fund and shall be kept separate and apart form the other monies of the city and drawn upon by the proper officers of the city upon the properly authenticated vouchers of the board of parks and recreation. Sec. 6.11. Title to property; trust property. The title to all real property purchased for parks and recreation purposes shall be taken in the name of the City of Hannibal. Any person desiring to make a donation of money, personal property or real estate shall have a right to vest the title to such property in the city to be held and controlled by the city when accepted according to the terms of the deed, gift, devise or bequest of such property; and as to such property, the council shall be held and considered to be the special trustees. CHAPTER 7. DEPARTMENT OF REVENUE, FINANCE AND COLLECTION Sec. 7.01. Division of collection. The division of collection shall consist of the city collector who shall be appointed by the city manager subject to confirmation by the city council and who shall hold office for an indefinite term, being removable by resolution of the city council or by executive order confirmed by the council. The council may, in its discretion, provide for one (1) or more deputy collectors. The collector shall receive such compensation and give such bond as may be fixed by ordinance. The council shall by ordinance provide for the bonding of any deputy or deputy collectors. The department of collections shall have the duty of collecting all taxes, license fees, and other monies due to the city; of depositing the same with the city depository, taking a receipt therefor; and of accounting for all monies so received and deposited with the division of accounts created herein. Sec. 7.02. City depository. The city depository shall be such bank or banks duly chartered under the laws of the State of Missouri or chartered under the laws of the United States and in either case doing business in the City of Hannibal as shall be designated by resolution of the council. The council shall provide by ordinance for the bonding of depositories. It may establish in addition to the general city fund and the light and water fund under the control of the board of public works such other funds as may be desirable and it may provide for the system of accounting to be used in connection therewith. Sec. 7.03. Bonds. The city may issue its negotiable bonds in evidence of indebtedness incurred for any purpose which may be authorized in this Charter, and for any purpose for which any city is authorized to incur indebtedness under the constitution and laws of this state. Some of the purposes hereby specifically authorized for which the bonds of the city may be issued, sold, pledged, or disposed of on the credit of the city, or solely on the credit of specific property owned by the city, or solely upon the credit of income derived from property owned by the city, or solely upon the credit of income derived from property used in connection with any public utility owned or operated by the city, or upon any two (2) or more such credits, shall be: (1) The acquiring of land; the purchase, construction, reconstruction, repairs, and improvement upon or extension of the following: Water systems, including lakes and reservoirs; public sewers, sewage disposal plants, buildings and equipment for the police and fire departments; libraries and their equipment; other public buildings and equipment therefor; facilities and equipment for the collection and disposal of garbage and refuse; bridges, viaducts, subways, tunnels, railroads, bus lines, terminals for bus, air, and railroad travel and their equipment; warehouses, public market facilities, airports, and equipment therefor; street lighting systems, gas or electric utility systems, heating and power plants, telephone and telegraph systems, facilities for radio and television broadcasting and reception; off-street parking facilities; any public utility or equipment therefor, public housing, hospitals, orphan homes, industrial schools, jails, workhouses, and other charitable, correctional, or penal institutions and equipment therefor; golf courses, swimming pools, and other recreational facilities, and their equipment; parks, parkways, streets, boulevards, grounds, or other public improvements. (2) The paying, refunding, or renewing of any bonds issued by the city, whether general obligation bonds or revenue bonds, and the establishment of a local improvement fund to be used for the purpose of paying cash for local improvements, such fund to be replenished from time to time by the payment into it of the proceeds of special assessments made on account of such local improvements. The foregoing enumeration shall not be construed to limit any general provisions of this Charter or of law authorizing the city to borrow money or issue and dispose of bonds, and such general provisions shall be construed according to the full force and effect of their language as if no specific purpose had been mentioned; and the authority to issue such bonds for any purpose aforesaid is cumulative and shall not be construed to impair any authority to make any public improvement under any provision of this Charter or of any law.

If, under the constitution and laws of the state, an election is required to authorize the issuance of any bonds, the number of votes required for approval shall be as therein specified. Notice of such elections shall be given, and such elections held, conducted, and the returns made, canvassed, and declared in such manner provided by ordinance consistent with the constitution and laws of the state. Sec. 7.04. Debt statement. Prior to the adoption of an ordinance calling or providing for the holding of an election at which any question of the incurring of any tax-secured bonded indebtedness shall be submitted, the city clerk shall prepare, swear to, and file for public inspection in the office of the city clerk, a special debt statement which shall set forth: (1) The aggregate principal amount of all outstanding bonds and notes of the city. (2) Deductions, if any, permitted by the constitution and general laws. (3) The amount of existing net indebtedness. (4) The amount of net indebtedness after the issuance of the bonds authorized by such bond ordinance. (5) The assessed valuation of all taxable tangible property within the city as shown by the last completed assessment for state and county purposes. (6) The aggregate principal amount of bonds which the city may issue pursuant to law. This debt statement, after approval by the majority of the council, shall be published with the notice of the bond election and shall be presumed to be accurate. Sec. 7.05. Sale of bonds. All bonds shall be sold at public sale upon sealed proposals. At least ten (10) days prior to the date of sale, the city clerk shall give notice by direct mail and by such other advertising as the council may direct to all parties and financial institutions which in his opinion may be interested in the purchase of such bonds or which may make written application for such notice. Sec. 7.06. Director of finance to notify city manager of status of funds. The director of finance shall notify the city manager if he ascertains at any time during the fiscal year that the total appropriations for any fund, under the direct control of the city, are greater than the revenue to be actually received during the year, plus an unencumbered balance, or less any deficit at the beginning of the year. (Ord. No. 4332, § 1, 5-17-05/4-5-05) Sec. 7.07. Clerk to have custody of invested funds. The city clerk shall have custody of all investments of the funds of the city and evidence thereof, including those held in a fiduciary capacity, under such regulations as the council may prescribe. Sec. 7.08. No expenditure to be made unless there is a sufficient unencumbered balance in the appropriation. No contract, order or other document incurring financial obligation by the city shall be executed unless the expenditure is within the purpose of the appropriation ordinance and the work program contemplated thereby, and unless there is an unencumbered balance in the appropriation sufficient to pay the obligation. Sec. 7.09. City shall maintain a general accounting system. The city shall maintain a general accounting system for the city government in such manner as to reflect the financial condition and financial operations of the city and to reflect compliance with legal provisions and the provisions of this Charter pertaining to budgets. Sec. 7.10. Disposition of balance of fund after necessity therefor ceases to exist. When the necessity of maintaining any fund of the city has ceased to exist, the city clerk shall notify the city manager and council, and such balance shall be transferred to the general fund, unless other provisions prevail in the original creation of said fund. Sec. 7.11. Board of public works to pay one-half expenses of collector's office. The board of public works shall bear one-half of the expense of maintaining the city collector's office, including the salary of the collector and his deputies and the cost of all supplies and equipment used in such office. The board of public works shall on the last day of each month pay to the city a sum equal to one-twelfth of the annual expenses. Sec. 7.12. Collection of delinquent taxes. (1) City may bring suit. The city may, in addition to the remedies and procedures authorized by law pertaining to cities of the first, second, and third and fourth classes, constitutional Charter cities and special Charter cities, bring suit to enforce the collection of delinquent taxes, general or special, with interest, costs and penalties thereon in the circuit court of Marion County or any other court of competent jurisdiction in the manner set forth in this Charter or as prescribed by general law or ordinance. It shall be sufficient to state in the petition the amount of the tax, the rate of interest and the date from which it is claimed, the property upon which it is a charge, the owner thereof, and the year or years for which the same is levied; or if a special tax, the date and title of the ordinance under which it is levied and that such tax has not been paid. In suits for the collection of taxes on personal property, it shall be sufficient to state the amount of tax, interest and cost and penalty claimed, the year or years for which it is levied, the owner of the personal property and that the tax has not been paid. (2) Procedure in collection of taxes by suit. The proceedings in such suit for the collection of taxes shall, in all respects not herein provided for, conform as near as may be to the practice and procedure in civil cases in the circuit court including sales under executions. (3) Tax book as evidence of validity of tax. The tax book and all other books and papers made or kept by the collector, city clerk or other officer of the city, in any manner relating to any tax, shall be received in all courts as evidence of all the facts stated therein, and of the validity of the tax, costs and interest and penalty appearing therein, and a copy of so much of any of the aforesaid books, notices and papers as related to the tax in question, certified to by the city clerk, or any other officer of the city having the same in charge shall be received in like manner and with like effect. (4) Collector shall proceed to collect, how. The collector shall make a full and complete list of all taxes on personal property and remaining unpaid for the previous year, and submit the same to the council, and upon examination and approval of the same by the council, shall proceed to collect the taxes shown therein by any method hereinabove approved. (5) Error not to affect the validity of tax. Each assessment, land tax book, personal tax book, notice, advertisement, book of sales, certificate of purchase, deed, paper and document of every nature and description made or executed under or pursuant to this chapter shall be liberally construed to effect the purposes and objects of this chapter and in determining the validity thereof. No error or irregularity in any assessment, land tax book, or personal tax book, use of abbreviation or contraction, notice, advertisement, certificate of purchase, deed paper, or document aforesaid relating to the assessment, levy or collection of the taxes of the city shall in any manner affect or impair the validity of any tax or any sale or other proceedings for their collection. This chapter shall be taken and held a full and sufficient notice of all acts and proceedings for assessments, levying and collection of taxes of such city. CHAPTER 8. DEPARTMENT OF ACCOUNTS, RECORDS AND PAYROLLS Sec. 8.01. Accounts and records created.

There is hereby created a department to be known as the department of accounts and records. Said department is to be in the charge of the city clerk who shall be entitled to such deputies and assistants as may be provided by ordinance. The city clerk shall be elected by the city council and shall hold office for a term of four (4) years and until his successor is elected and qualified. He shall be eligible for re-election. He shall receive such salary and shall give such bond as the council shall by ordinance provide. Sec. 8.02. City clerk; secretary of council, registrar of vital statistics. The city clerk shall act as the secretary of the council, recording in a permanent book the minutes of its proceedings, supervising the publication of all necessary notices, publications, and orders, recording in a bound book all ordinances and resolutions and executive orders. He shall have charge of the seal of the city and all original papers and files and may certify to the correctness of copies of all records and papers in his office. He shall act, ex officio, as the registrar of vital statistics for the city and shall issue all licenses required by ordinance. Sec. 8.03. Director of finance, comptroller and auditor, duties. There shall be a director of finance who will be responsible for the fiscal management and the accounts of the City of Hannibal and shall be appointed by and work under the direction of the city manager, with the approval of the city council. The director of finance shall be the ex-officio comptroller and auditor and as such shall cause to be kept the accounts of monies received and paid out by the city. The city manager, under direction of the council, shall cause an independent audit of the accounts of the city to be made by certified public accountants not less frequently than once a year, and such audit when made shall be open to the inspection of any citizen. In addition to the foregoing audit, the books of account, vouchers, purchase contracts and purchase orders shall at all times be subject to inspection by, and must be periodically inspected by the council of a committee of the council. (Ord. No. 4332, § 2, 5-17-05/4-5-05) Sec. 8.04. Drawing of checks and warrants. All checks and warrants for payments to be made out of funds of the city treasury shall be drawn and signed by the city clerk and countersigned by the mayor, provided and if the clerk be prevented from acting because of illness or absence from the city his deputy may sign such checks or warrants, and if the mayor be prevented from acting by illness or absence from the city, the mayor pro tempore may sign in his place. No more than one (1) such required signature shall be by stamp or facsimile but shall be the genuine signature of the officer required to sign. Sec. 8.05. Payrolls to be filed. Each department, division or agency of the city shall furnish and file all payrolls for its employees with the city clerk by the due date of payrolls to be issued. (Ord. No. 4332, § 3, 5-17-05/4-5-05) Sec. 8.06. Register and compensation schedule. The city manager shall cause to be prepared, kept and maintained in current form, a record which shall be known as the register and compensation schedule of the City of Hannibal which shall contain a complete and current list of all the councilmen, city officials, officers, employees and personnel of all departments, boards, commissions or other municipal agencies and shall record the full name, title and official capacity, whether elective or appointive, tenure of office, and in the case of boards and commissions, the officers of the same. The register and compensation schedule shall be organized by departments, boards, commissions or agencies as created by this Charter or ordinance of the city, and in the case of personnel receiving compensation, the register shall set out a compensation schedule giving the rate of compensation on a monthly, semimonthly, bi-weekly, or hourly basis as established by this Charter, or ordinance enacted pursuant to this Charter. The rate of compensation in the compensation schedule may be given by categories of employment, and in such case, the register shall list the name, address and social security number of all persons on the city payroll within each category. The register and compensation schedule shall be open to public inspection and a copy thereof as issued and revised shall be supplied to the city clerk, all department heads and each councilman. All checks drawn on the city as payment for official or personal services rendered the city shall be at the rates of compensation established by this Charter or ordinance. Sec. 8.07. Records preserved for five years. All checks, warrants, receipts, invoices, contracts and other records pertaining to the receipt of funds or the disbursement of city funds or copies thereof on microfilm or copies made by other form of reproduction shall be preserved and maintained by the city clerk for a period of not less than five (5) years. CHAPTER 9. DEPARTMENT OF BUDGET, AUDIT, PURCHASING, CONTROL OF EXPENDITURES AND INDEBTEDNESS Sec. 9.01. Budget and audit. The City of Hannibal and all public utilities owned and operated by it shall have an annual budget. The city and such public utilities shall file annual reports of their financial transactions. An independent audit shall be made of all accounts at least annually. The report of such audits shall be completed and submitted to the council in a reasonable time, as established between the audit and firm and the director of finance, after the close of the fiscal year and shall be available for public inspection. (Ord. No. 4332, § 4, 5-17-05/4-5-05) Sec. 9.02. Preparation of budget. The city manager, not later than thirty (30) days before the beginning of the fiscal year, shall submit to the council a budget for the following fiscal year, accompanied by such explanatory message as is advisable. For such purposes, estimates of revenue and expenditures shall be obtained from the chief officer of each department, detailed by organization units, and character and object of expenditure. Composition of the budget shall include comparative figures for the two (2) preceding years. The budget shall contain the city manager's estimate of the necessary appropriations to meet all the wants of the current year and the estimated receipts from licenses, taxes and other sources, and shall also show the actual financial condition of the city. Sec. 9.03. Proposed expenditures. Proposed expenditures shall be itemized in such form and to such extent as shall be provided by law, and, in the absence of such provision, by regulations established by ordinance. Separate provisions in the budget shall include at least the following: (1) Interest, amortization, and redemption charges on the public debt for which the faith and credit of the city is pledged. (2) Other statutory expenditures. (3) The payment of all judgments. (4) The amount by which the total receipt of miscellaneous revenue in the last completed fiscal year failed to equal the total of the budget requirements from other sources in that year. (5) An amount equal to the deficit arising from the operation of any public enterprise owned by the city. (6) An amount equal to the estimates of expenditures necessary for the administration, operation, and maintenance of each department and office of the city, itemized by character and object of expenditure. (7) Contingent expense in an amount not to exceed five (5) percent of item 6 above. (8) Expenditures for proposed capital projects as provided in this Charter. Sec. 9.04. Public hearing. At the meeting of the council at which the budget and the budget message are submitted, the council shall determine the time and place of a public hearing on the budget, not less than ten (10) days thereafter, and the city clerk shall immediately provide by advertisement or otherwise for the general notice to the public of such hearing. At the time and place of such public hearing, or at the time and place to which the same may from time to time be adjourned, all interested persons shall be given an opportunity to be heard. Sec. 9.05. Public record. The budget, the budget message, and all supporting schedules shall be a public record in the office of the city clerk and open to inspection. Sec. 9.06. Adoption of the budget. After the conclusion of the public hearing, the council may insert new items, eliminate items, or may increase or decrease the items of the budget, except for specified fixed expenditures. The council may not vary the titles, descriptions, or methods of expenditures specified in the budget. Where it shall increase the total proposed expenditures, the council shall also increase the total anticipated revenue to at least equal such total proposed expenditures. The budget, to be effective, shall be adopted by a favorable vote of a majority of the council not later than the second Monday in July. Should the council fail to take action by this date, the budget as submitted, with revisions therein, shall be deemed to be fully adopted. The time for filing of the budget by the city manager, the time for the final adoption of the budget by the council, the time for the beginning and ending of the fiscal year, and the time for levying taxes as provided in this Charter may be changed by ordinance. After the city council has approved the budget, the council may not increase the total amounts authorized for expenditure from any fund, unless the council adopts a resolution setting forth the facts and reasons making the increase necessary and approves or adopts a resolution authorizing the expenditures. (Ord. No. 4133, § 1, 6-20-00/4-4-00) Sec. 9.07. Effective date, certification, copies. Upon final adoption of the budget, it shall be in effect for the fiscal year. A copy of the budget, as finally adopted, shall be certified by the mayor and the city clerk, and filed in the office of the city clerk, and duly recorded in the records of the city. The budget so certified shall be printed, mimeographed, or otherwise reproduced, and sufficient copies thereof shall be made available for use of all departments and offices. Sec. 9.08. Appropriations and tax levy. Upon the adoption of the budget, the council shall, by ordinance, appropriate to the various departments, boards, commissions and agencies of the city the respective allocations of expenditures set forth in the budget; and shall also, by ordinance, levy the respective tax rates of the city for the ensuing year pursuant to the laws of the State of Missouri, this chapter, duly enacted ordinances of the city and any proposition duly enacted by the vote of the people. Sec. 9.09. Expenditure controls. Whenever notified by the director of finance that the total appropriations for any fund are greater than the revenue to be actually received during the year plus any unencumbered balance, or less any deficit at the beginning of the year, the city manager shall reconsider the entire program of expenditures authorized by the budget. The city manager shall have prepared (within ten (10) days after receiving such notice) by the director of finance a revised program of expenditures which will prevent expenditures in excess of said revenues and cash balance. The city manager shall submit to council for consideration and approval the revised program and may by resolution, approve or amend it, provided that the council may not make the total revised program of expenditures greater than the total amount proposed by the city manager. Such program shall be approved by a majority vote of all the members of the council and shall become effective immediately upon approval. Failure of the council to approve a revised expenditure program with fifteen (15) days after receipt of the program proposed by the city manager shall constitute approval of his program.

(Ord. No. 4332, § 5, 5-17-05/4-5-05) Sec. 9.10. Transfer of unexpended appropriations. The city manager may transfer any allocated and unencumbered appropriation balance or portion thereof from one (1) classification to another within a department or office. At the request of the city manager and within the last three (3) months of the fiscal year, the council may by majority vote transfer any allocated and unencumbered appropriation balance or portion thereof from one (1) department or office to another. No transfer shall be made of specific fixed appropriations. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Sec. 9.11. Approval of excess expenditures a misdemeanor. Any officer or the head of any department of the city who shall audit and approve for payment any expenditure in excess of the amount provided for in the budget then effective shall forfeit his office and shall be liable therefor upon his official bond, and in addition thereto shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be subject to a fine not exceeding five hundred dollars ($500.00). Any check or warrant drawn for any such expenditures in excess of the amount provided for in the budget then effective shall be void. Sec. 9.12. Purchasing agent. The city manager may appoint, with the advice and consent of the council, an ex officio purchasing agent. He shall, in accordance with the provisions of this Charter, make all purchases of goods and materials for the city. Requisitions for necessary purchases shall be filed with him by the heads of all departments, boards, and agencies of the city. In making every purchase, he shall execute a written purchase order and shall file the same with the city clerk who shall audit the same and the invoice or account for which the payment is sought to determine their correctness and to determine whether any such expenditure is authorized by a proper appropriation and is otherwise legal. In making such determination the clerk may call for an opinion of the legal department. The provisions of this section may not apply to purchases made by independent boards and agencies having charge of special funds apart from the general funds of the city. Sec. 9.13. Procedure for purchasing and making contracts. (a) No purchase shall be made without first advertising for sealed bids except the following: (1) Purchases of personal property of less than three thousand six hundred eighty dollars ($3,680.00). (2) Payment for repairs on buildings and light equipment of less than ten thousand dollars ($10,000.00). (3) Payment for repairs on heavy equipment, or for construction of infrastructural facilities of less than twenty-two thousand dollars ($22,000.00). (4) Service contracts of less than four thousand five hundred dollars ($4,500.00). (5) Purchase of State of Missouri surplus property sold at public auction. (6) The purchase of equipment through the State of Missouri cooperative bidding procedures. (7) The purchase of used equipment from private vendor. This purchase will require an accurate estimate of the market value of the item to be purchased and the actual amount to be paid by the city. (b) The city council shall by ordinance adjust the monetary limits of subsection (a) annually during the month of March to reflect inflation/deflation rates for the Hannibal area as determined by the national rates, to the nearest dollar amount as determined by the council. (c) All purchases made under the exceptions of subsection (a) shall, where possible, be substantiated by two (2) or more quotes from reliable firms or individuals. (d) The council shall adopt by ordinance rules and regulations for the letting, review and awarding of purchases or contracts in excess of the limits as set out in subsection (a). (e) The council shall have the right to waive the bidding requirements required by subsection (c) and the monetary limits set out in subsection (a) in the event of a state of emergency directly affecting the City of Hannibal and as so declared by council action. (Ord. No. 4013, § 1, 5-6-97; Ord. No. 4059, § 1, 4-21-98; Ord. No. 4091, § 1, 4-20-99; Ord. No. 4181, § 1, 7-6-01; Ord. No. 4246, § 1, 4-16-03) Sec. 9.14. Sale and disposition of city-owned property. The council shall adopt by ordinance procedures for the sale and disposition of all city-owned property. CHAPTER 10. DEPARTMENT OF LAW Sec. 10.01. City attorney; appointment, qualifications. There shall be a department of law, the director of which shall be known as the city attorney. The city attorney shall be appointed by the city council and may only be removed by the majority vote of the city council. The city attorney shall have been a duly licensed attorney of the State of Missouri for at least one (1) year prior to appointment, and shall have been actively engaged in the practice of law during said one (1) year. The city attorney shall be a resident and qualified voter of the City of Hannibal for not less than one (1) year, next preceding his selection. (Ord. No. 4240, prop. 2, 1-7-03/4-8-03) Sec. 10.02. Legal department; powers and duties. Powers and duties of the city attorney will be as set forth by this council by ordinance. (Ord. No. 4240, prop. 2, 1-7-03/4-8-03) Sec. 10.03. City attorney; power to designate acting city attorney. The city attorney, upon his temporary absence from the city or temporary disability is authorized and empowered to designate as acting city attorney some attorney, duly licensed by the State of Missouri, to appear for him on behalf of the city in any court. Sec. 10.04. Special counsel. Nothing in this chapter shall prevent the council from employing special or additional legal counsel and prescribing the terms of such employment. CHAPTER 11. BOARD OF PUBLIC WORKS Sec. 11.01. Creation and composition of board; term; appointment. There is hereby created an executive department in the City of Hannibal to be known as the board of public works, to succeed to the functions, powers and duties of the present board of public works, existing prior to the adoption of this Charter by virtue of statute and ordinance. Such board shall consist of four (4) members, appointed for a term of four (4) years upon a nonpartisan basis by the city manager, subject to confirmation by the city council, the term of one (1) member expiring each year. The city manager in making appointments to the board and the council in acting upon such appointments shall consider training, business experience and ability of prospective board members to effectively and efficiently discharge the duties of their office. The members of the present board of public works shall continue in office until the expiration of their respective terms. At the expiration of the term of each member of the present board, the city manager shall appoint his successor for a term of four (4) years. All persons now serving as members of the board and all persons hereafter appointed thereto shall be eligible to reappointment. Each member of the board shall serve until the expiration of his term and until his successor has been duly appointed and qualified. The board of public works shall not be abolished except with the assent of four-sevenths of the qualified voters of the city voting on such proposition. Sec. 11.02. Board members; qualifications, oath, not to hold other office.

Each member appointed to the board of public works shall possess the same qualifications herein provided for members of the city council, except that there shall be no residence requirement in any particular ward. Each member shall subscribe to the oath required to be taken by other city officers. No person shall be appointed to said board who at the time of his appointment is holding any other office or trust under the United States, State of Missouri, the county of Marion, or this city and the acceptance by any member of the board of the appointment, or election to, or nomination as a candidate for any such other office shall disqualify him from further service upon the board and his office thereon shall be deemed to be immediately vacated. Each member of said board shall receive such compensation and give such bond as may be prescribed by ordinance. Sec. 11.03. Board members; removal. Members of the board of public works may be removed from office by impeachment, by resolution of the council adopted by vote of five (5) members of the council, or by resolution adopted by four (4) members of the council with the mayor concurring. Sec. 11.04. Filling of vacancies. If any member of said board shall die, resign, remove from the city, or become disqualified, or for any other reason a vacancy shall exist, the city manager shall fill such vacancy for the unexpired portion of the term by appointment, within sixty (60) days subject to confirmation by the city council. Sec. 11.05. Officers; meeting. The board shall choose one (1) of its members president, another as vice-president and a third as secretary. It shall hold regular monthly meetings at such time as it may designate by rule. Special meetings may be called by the president or vice-president upon such notice to board members as may be prescribed by rule. All official meetings of the board shall be held in the city hall and shall be open to the public, and no official action shall be taken except at such official meeting. Sec. 11.06. Quorum; procedure when equally divided. Three (3) members of the board shall constitute a quorum. If at any time the entire board shall be equally divided in opinion upon any question before it, the mayor shall be called to sit with the board and shall cast the deciding vote. Sec. 11.07. Powers and duties; establish rates. The board of public works shall have the authority to construct, manage, supervise and control the municipal electric, water systems, and wastewater treatment and collection system, artificial underground stormwater collection systems, and any future additions and improvements thereto and of any other public facilities which the City of Hannibal may hereafter construct of otherwise operate, own or acquire. The board shall have the exclusive power and the duty to establish rates and provide for the assessment and collection of charges for municipal electric, water, or sanitary sewer system or other utilities, or the product or services of any other plant or works of the city which the board may have under its supervision, control or operation. The board shall have additional powers, duties and functions as may be conferred upon it by ordinance. All changes in rates, fees, or charges levied by the board of public works shall be preceded by a public hearing no longer than thirty (30) days nor less than fifteen (15) days prior to the rate, charge, or fee change. No fee, charge or surcharge generating money for the general revenue fund of the City of Hannibal may be levied by the board of public works unless authorized by ordinance. Any such fee, charge or surcharge cannot exceed the rate of five and one half (5 1/2) percent of the charges for water, electric power, electric lights, and sewer services, or other municipal services which the board may have under its supervision, control and operation, without the favorable vote of the majority of the qualified electors in a city election. Sec. 11.08. Board to let work by contract. The doing of all work and the furnishing of all supplies for the waterworks, electric power, and wastewater treatment plant or any other plant or work which may be under the supervision and control of the board, shall be let out by the board of public works in the same manner as provided in this Charter for the letting of other public work and contracts, except in cases where it is not practicable to do such work or furnish such material by contract.

The board shall have the power to contract, but all contracts involving the expenditure of more than ten (10) thousand dollars shall be submitted to the council, and approved by the council before the same shall be binding upon the city. All such contracts shall also be presented to the department of law for approval as to legality and form. No contract which shall obligate the general revenues of the city aside from the revenues derived from properties under the management of the board of public works shall be made by it without the consent of the council, or action of the electors of the city. Sec. 11.09. Rule making power. The board shall have the power to establish and promulgate reasonable rules for the conduct of all matters within its charge, and it shall prescribe the powers, duties and functions of its officers, agents and employees. Sec. 11.10. General manager and employees; compensation. The board shall appoint a general manager and such other officers, agents and employees as it shall deem necessary to perform its functions efficiently and shall fix the rates of their compensation. The council shall be given prior notice of any change in the rates of compensation of a substantial number of the employees of the board of public works. No gifts or gratuities shall be given or granted to any of its employees by or on behalf of the board of public works. (Ord. No. 4240, prop. 1, 1-7-03/4-8-03) Sec. 11.11. Records; budget; audit. The board shall keep minutes of its meetings and records of all its proceedings, prepare an annual budget and file a copy of the same with the city clerk on or before the fifteenth day of May, cause to be kept books of account showing with entire accuracy contemporaneous current entries of the receipts, expenditures and inventories of the board and preserve in its office duplicate vouchers for all of its expenditures. Depreciation and obsolescent reserves, accounting practices, procedures and forms shall be in accord with such practice and procedures and forms shall be in accord with such practice and procedures commonly used in the public utility industry to the end that comparisons may be made between the operation of the municipal utilities of Hannibal and public utilities of other cities and corporations. All records of the board of public works shall be open to the council and city manager, and to the public. The board, from time to time, shall make reports to the city manager and council of its business and transactions and shall furnish such additional information as may be required by the council. The accounts of the board shall be audited annually by a public accountant selected by the council. Sec. 11.12. Purchasing procedure. The board shall cause to be established, adopted and used a procedure for purchasing employing the use of requisitions, written purchase orders and audit of accounts as near such procedure adopted by the city for other departments as may be practical. Sec. 11.13. Disbursements; how paid. All bills of the board, salaries and other disbursements shall be allowed and paid in the same manner as provided in this Charter for the payment of other bills, salaries and disbursements of the city. Sec. 11.14. Referendum on sale of municipal utilities. Before the city shall sell or dispose of, in any way, or abandon or cease to operate any electric light plant, water works plant, wastewater treatment plant, or any other public utility owned and operated by the city, the council shall first submit the proposition for such sale or disposition or abandonment or ceasing to operate, by ordinance, to the qualified voters of the city, either at a general or a special election held for that purpose; and it shall require the assent of four-sevenths of the qualified voters who vote on such proposition at said election before any authority shall exist for such sale, disposition, abandonment or ceasing to operate. Any proposition for the abolition of the board of public works or transfer of its functions may be submitted to the electors either by ordinance duly adopted by the council as herein provided, or by a petition signed by five hundred (500) qualified electors. CHAPTER 12. BOARDS AND COMMISSIONS Sec. 12.01. Boards and commissions.

There shall [be] the following boards and commissions: Board of trustees of the firemen and policemen retirement fund;parks and recreation board; board of public works; planning and zoning commission; board of adjustment; library Board; Mark Twain Museum board of control; and such other boards and commissions as may now or hereafter be established by this Charter or by ordinance consistent with this Charter. (Ord. No. 4134, § 1, 6-20-00) Sec. 12.02. Present boards and commissions to continue. All boards and commissions existing at the time of the adoption of this Charter shall continue in full force and effect with such members, selected in such manner and for such terms, and with such duties and responsibilities as may then be established by ordinance and shall so continue unless changed or modified by this Charter or by ordinance enacted consistent herewith. Sec. 12.03. Powers and duties. All boards and commissions shall have such powers and perform such duties as are prescribed by law or by this Charter, ordinance of the city or law of the State of Missouri, subject to the following limitations: Where any board or commission of the city has been or may be created and provided for under the terms of an instrument creating a trust and such instrument has prescribed a procedure for the selection, nomination or election of the members of the governing board, or other conditions and limitations upon the management of the trust estate, such procedures, conditions and limitations shall be followed. Sec. 12.04. Board members; serve without compensation. Unless otherwise provided in this Charter or by ordinance, all members of commissions and boards of the city shall serve without compensation. CHAPTER 13. PLANNING AND ZONING* __________ *Editor's note: Ord. No. 4134, § 1, adopted June 20, 2000, combined the former planning commission and the former zoning commission into a single planning and zoning commission and amended the language of this chapter by substituting "planning and zoning commission" for both "planning commission" and "zoning commission." The combination of the two commissions was approved by the voters at an election held on April 4, 2000. Section 2 of Ord. No. 4134 provided for the filling of vacancies of the combined commission as follows: In order to combine the two current commissions, as vacancies occur, they shall not be filled until such time as the membership has dropped to five members. At such time as membership drops to less than five members, those vacancies shall be filled as provided in the Charter. __________ Sec. 13.01. Planning and zoning commission. There shall be a planning and zoning commission consisting of five (5) members, one (1) of whom shall be a councilman selected by the council. The other four (4) members shall be citizens qualified by knowledge or experience to develop a comprehensive plan for the development of the city and its resources. The four (4) appointed members shall be nominated by the city manager and approved by the council for a term of four (4) years, except that the first members appointed, one (1) shall be appointed to serve for a one (1) year, one (1) shall be appointed to serve a term of two (2) years, one (1) shall be appointed for a term of three (3) years, and one (1) shall be appointed for a term of four (4) years. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The planning and zoning commission shall elect its chairman and other officers annually from among the appointed members. The members of the planning and zoning commission shall serve without compensation and shall have authority to employ such assistants and technical advisors as it considers necessary, within the limits of the budget appropriation. (Ord. No. 4134, § 1, 6-20-00) Sec. 13.02. Powers and duties of planning and zoning commission. (a) City plan. The planning and zoning commission shall make and adopt a city plan for the physical development of the city. The city plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendations for the physical development and uses of land, and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces, the general location and extent of public utilities and terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas. The planning and zoning commission shall submit annually to the city manager not less than ninety (90) days prior to the beginning of the fiscal year, a list of recommended capital improvements which it considers necessary or desirable to be constructed during the forthcoming five-year period. Such list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. (b) City plan, prepared how, purposes. In the preparation of the city plan, the planning and zoning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the city which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development. (c) Adoption of city plan; procedure. The planning and zoning commission may adopt the plan as a whole by a single resolution, or as the work of making the whole city plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one (1) or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or a portion thereof, the planning and zoning commission shall hold at least one (1) public hearing thereon. Fifteen (15) days notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the city . The hearing may be adjourned from time to time. The adoption of the plan requires a majority vote of the full membership of the planning and zoning commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the planning and zoning commission to form the whole or part of the plan. The plan shall become effective after approval by the council. Recommended changes from the council in the plan, as presented, will be given to the commission for consideration in accordance with this provision. The action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the commission and filed in the office of the commission, identified properly by file number, and a copy of the plan or part thereof shall be recorded in the office of the Marion County recorder of deeds. (d) Additional powers of planning and zoning commission, recommendations. The planning and zoning commission may make reports and recommendations relating to the plan and development of the city to public officials, and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the city programs for public improvements and the financing therefor. All public officials shall, upon request, furnish to the commission, within a reasonable time all available information it requires for its work. The commission, its members and employees, in the performance of its functions, may enter upon any land to make examination and surveys. In general, the commission shall have the power necessary to enable it to perform its functions and promote municipal planning. (e) Planning and zoning commission to approve improvements, commission disapproval, overruled, how. Whenever the planning and zoning commission adopts the plan of the city or any part thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and the location, extent and character thereof having been included in the recommendations and proposals of the plan or portion thereof, shall be constructed or authorized in the city until the location, extent and character thereof has been submitted to and approved by the planning and zoning commission. In case of disapproval the commission shall communicate its reasons to the council, and the council, by vote of not less than five (5) of its members, may override the disapproval, and upon the overruling, the council or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization of financing of which does not fall within the province of the council, then the submission to the commission shall be by the board having jurisdiction, and the planning and zoning commission's disapproval may be overruled by that board by a vote of not less than two-thirds of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the commission to act within sixty (60) days after the date of official submission to it shall be deemed approval. (f) Commission to make recommendations to council on plats, when. When the planning and zoning commission adopts a city plan which includes at least a major street plan or progresses in its city planning to the making and adoption of a major street plan, and files a certified copy of the major street plan in the office of the Marion County recorder of deeds, no plat of a subdivision of land lying within the city shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the commission to the city council, and the council has approved the plat as provided by law. (g) The planning and zoning commission shall have the authority to prepare, adopt, and recommend to the council for enactment into an ordinance, a comprehensive plan for zoning of the city and to recommend its alteration or amendment and shall have powers to exercise any and all authority vested in it by the zoning enabling acts of the State of Missouri. (Ord. No. 4134, § 1, 6-20-00) Sec. 13.03. Reserved. Editor's note: Former 13.03 pertained to the zoning commission. The provisions of former section 13.03 pertaining to the authority of the former zoning commission have be renumbered as subsection 13.02(g) by the editor. See the editor's note to Ch. 13 of this Charter. Sec. 13.04. Zoning plan and code.

The zoning plan shall include such regulations as to the location, construction, height, width, and bulk of buildings and other structures, and the size of yards, courts, and other open spaces, including off-street parking areas surrounding the same, as the commission shall determine to be necessary or desirable for the promotion of the health, safety, morals, and general welfare of the inhabitants of the city. The zoning plan shall also specify and regulate the use, occupancy and enjoyment of such buildings, structures and land as the commission shall determine to be necessary or desirable for the promotion of health, safety, morals and general welfare of the inhabitants of the city. Such zoning plan as may be or has been given the force of law by ordinance shall be known as the zoning code. Sec. 13.05. Zoning map. The city engineer shall cause to be kept and maintained in current form, available to inspection by the public, a zoning map or other adequate description of the various zoning districts as established by ordinance. Sec. 13.06. Zoning administrative officer; duties and powers. The building inspector shall be administrative officer for the administration and enforcement of the zoning code, shall perform all duties required by ordinance of such office, make or cause to be made all inspections required by the zoning code and shall have the duty and power to issue permits thereunder and revoke the same. Sec. 13.07. Zoning code; amendments. Before making any change, modification or amendment to the zoning code, the council shall refer such proposed change, modification or amendment to the planning and zoning commission for its recommendation. The commission shall hear such matters so referred as well as the application of interested persons for amendments, modifications or revisions of the zoning code, and shall forward such applications to the council with its recommendations thereon. At least seven (7) days prior to the first hearing on any proposed amendment, modification or revision, the commission shall send a written notice, briefly describing the proposed amendment, modification or revision and stating the time and place of the hearing, to the last known abode of the owners of all property, according to the city records, adjacent to or lying within one hundred eighty-five (185) feet of all boundaries of the property under consideration. In the event of a general revision of the zoning code, written notice to property owners shall not be required. (Ord. No. 4134, § 1, 6-20-00) Sec. 13.08. Zoning; construction regulations. The commission shall have the authority to recommend regulations as to the size, value and type of construction of buildings proposed to be erected within the city. Such regulations shall be made, giving consideration to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city. Sec. 13.09. Amendment of zoning code; notice; hearing. No amendment, revision, change or modification of the zoning code shall be enacted until after a public hearing in relation thereto. The council shall cause notice of the time and place of such hearing to be published, at least two (2) times prior thereto, in a newspaper printed or published in the city, or a paper of general circulation in the city. The first publication shall be at least fifteen (15) days prior to the date of the hearing. The council may provide additional notice of any such hearing to interested persons and citizens of the city. Sec. 13.10. Subdivision plats; annexed territory. All plats of proposed subdivisions or re-subdivisions of lands which may be submitted to the city for its approval and acceptance by the city council shall be submitted to the planning and zoning commission, which commission shall make its observations and recommendations thereon for the information and consideration of the city council, including also, the zoning or rezoning of the territory in such subdivisions or re-subdivisions. Whenever any addition, subdivision or re-subdivision of land has been duly platted, approved and accepted by the city upon a written and recorded representation by the proprietors of such platted area that grading, streets, alleys or other public improvements will be made by said proprietors, no building permit shall be issued for construction in such platted area until such public improvements have been made or adequate security or bond given to guarantee their construction. The zoning of territory added to the city by annexation shall be referred by the council to the planning and zoning commission which shall hold hearings under the procedure as set in section 13.07 of this chapter, except that in lieu of written notice to the property owners, notice of such hearing shall be by publication as set out in section 13.09 of this chapter. After such hearing, the commission shall make a report and recommendation to the council. (Ord. No. 4134, § 1, 6-20-00) Sec. 13.11. Recommendation of commission; effect. The finding of the commission or its recommendation to the council on any matter referred to the commission or coming before it shall be advisory in nature and shall not bind the council, which may approve or disapprove the same. Sec. 13.12. Board of adjustment.

There shall be a board of adjustment to hear appeals from decisions enforcing the zoning code and having such other jurisdiction, authority, powers and duties, and following such procedures as provided by law or ordinance. The board of adjustment shall consist of five (5) freeholders appointed by the city manager for terms of five (5) years and possessing such qualifications as are provided by law. CHAPTER 14. MUNICIPAL COURT Sec. 14.01. Recorder's court continued in existence; change of name. The municipal corporation court heretofore existing in the City of Hannibal and known as the recorder's court shall be and is hereby continued in existence. Such court shall hereafter be known and designated as the municipal court of Hannibal, Missouri. Sec. 14.02. Jurisdiction and powers. (1) The municipal court shall have jurisdiction over all prosecutions for the violation of any provision of this Charter or of any ordinance of the city. It shall also have jurisdiction of proceedings for the abatement of acts or things declared to be nuisances by the ordinances of the city. It may exercise such other and further jurisdiction in cases arising under this Charter and the ordinances of the city and with respect to the revocation or suspension of licenses and permits granted by the city as may be provided by ordinance. It may exercise such other jurisdiction as may now or hereinafter be conferred by law upon municipal corporation courts in constitutional Charter cities or cities of the first, second, third, or fourth class. (2) The regular judge of the municipal court and any special judge when lawfully acting as such shall possess all of the powers necessarily indigent to or appropriate for the exercise of the jurisdiction conferred by subparagraph (1) of this section which shall include but not be limited to the following powers: a. To administer oaths and affirmations and take affidavits; b. To compel the attendance and testimony of witnesses and the production in evidence of papers, documents, books, and other physical evidence not privileged under law and for that purpose to issue subpoenas and writs of attachment; c. To punish contempts of court, provided that the punishment therefor shall not exceed a fine of fifty ($50.00) dollars nor imprisonment for more than ten days; d. To approve and take bail bonds or to admit persons to bail on the deposits of cash or securities, to pass upon the qualifications of sureties on bonds, to enter judgment of forfeiture thereon and to enforce the same in the same manner and to the same extent as such power is exercised by courts of record; e. To enforce all judgments of the court in the same manner and to the same extent as judgments of courts of record may be enforced, including but not limited to the commitment to jail of any person who has failed to pay a fine duly assessed by said court; f. To issue all necessary or appropriate writs and processes; g. To issue summonses, warrants for arrest, and to issue search warrants in such cases as may be provided by ordinance consistent with the limitations imposed by the Constitution of the United States and the Constitution of the State of Missouri. Sec. 14.03. Place and time of holding court. (1) It shall be the mandatory duty of the council to provide at the expense of the city a suitable courtroom for the municipal court and the sessions of said court shall ordinarily be held in such courtroom. In case of emergency or in any case in which the judge shall determine that a session of court cannot properly and conveniently be held in said courtroom, he may order such session to be held in some other suitable room in the City of Hannibal. Any judicial act other than the acceptance of a plea or the trial of an issue of fact may be performed by the judge in chambers or at any other convenient place within the city. (2) The municipal court shall always be open for the transaction of business, but the judge may by rule prescribe the time for holding regular sessions of the court. Sec. 14.04. Regular judge; election, qualification and tenure. The office of recorder of the City of Hannibal as heretofore existing is continued and designated as municipal judge. The municipal judge shall be at least twenty-seven (27) years of age, a citizen of the State of Missouri, a licensed attorney and a member of the Missouri Bar, a citizen of the United States and of this state and shall be a resident of the City of Hannibal for not less than one (1) year next preceding his election. He shall before taking office subscribe to an oath in the form prescribed for other city officers. The municipal judge shall be elected for a term of three (3) years and may be removed for cause by the same procedure provided in this Charter for the removal of other elective officers. Each person so elected shall serve for the term so designated and until his successor shall have been duly elected and qualified. If any municipal judge shall die, resign, or be removed from office or remove his residence from the City of Hannibal, the city manager shall declare the office vacant, and such vacancy in office shall be filled in like manner as in the case of a councilman. The municipal judge shall continue to serve until his successor is duly elected and qualified, or until he reaches age seventy (70), in conformity with the mandatory retirement requirements of state statutes. (Ord. No. 4136, § 1, 6-20-00)

Editor's note: The amendment of section 14.04 was approved by the voters at an election held on April 4, 2000. Sec. 14.05. Compensation of regular judge. The municipal judge shall receive as compensation for the duties of his office a regular annual salary, in an amount to be fixed by ordinance which, however shall not be less than two thousand four hundred ($2,400.00) dollars per year. He shall not be disqualified from practicing law in any court except the municipal court, provided that he may not appear in any case on appeal from or in review of any decision of the municipal court, nor in any case to which the City of Hannibal is a party. Sec. 14.06. Special judge. Upon temporary disability of the municipal judge, because of sickness or otherwise, his disqualification upon his own motion or that of a party in interest, (including the city attorney), disqualification under change of judge procedure or during the temporary absence of such judge from the city, the city manager shall appoint a special judge who shall have the same qualifications of office, authority and jurisdiction as the municipal judge; such appointment shall not require the consent of the council; such special judge shall, before entering upon the duties of his office, take the same oath required of the regular judge; such special judge shall be compensated on a per them basis fixed by ordinance, provided however, the compensation of such special judge within a calendar month shall in no case exceed the monthly compensation fixed for the office of municipal judge. Only one (1) change of judge may be had as a matter of right on application of either side in any proceeding pending in the municipal court. Sec. 14.07. Jury trials. (1) In any proceeding in the municipal court for the prosecution for an alleged violation of a provision of this Charter or an ordinance, either party shall be entitled to a trial by jury upon demand for a jury being made in writing before the commencement of a trial. A jury in the municipal court shall consist of six (6) persons possessing the qualifications necessary for jurors in the circuit court, all of whom must be residents of the city of Hannibal. The council shall by ordinance fix the rate of pay of jurors, and may by ordinance prescribe the method of selecting the impaneling juries. (2) Upon the trial of any case before a jury, the jury shall determine the guilt or innocence of the accused but shall not assess the punishment of a person found guilty. Upon a verdict of guilty being returned, the judge shall assess the amount of punishment and enter sentence and judgment thereon. Sec. 14.08. Procedure. The rules of criminal procedure now or hereafter applicable in the courts of the State of Missouri shall apply in the municipal court as far as possible. In matters not specifically conferred in such rules or where the same may not be applicable, procedure in the municipal court may be regulated by ordinance. The regular judge of the municipal court may promulgate additional rules in writing or procedure not in conflict with rules now or hereafter prescribed by the Supreme Court nor in conflict with this Charter or the ordinances of the city. Sec. 14.09. Appeals and supervisory jurisdiction. (1) The right of appeal to the circuit court of Marion County from decisions and judgments of the municipal court and the supervisory jurisdiction of the circuit court of Marion County heretofore existing shall not be affected in any way by this Charter and the same shall continue in the manner and to the extent heretofore or hereafter provided by law. (2) Whenever any appeal is taken by the city from a judgment adverse to it, the appellant shall not be required to give security for cost. Sec. 14.10. Chief of police. The chief of police of the City of Hannibal shall be the bailiff of the municipal court and shall attend its sessions and serve its writs and processes. He may deputize any member of the police force to perform these functions in his stead. Sec. 14.11. Costs. (1) The council by ordinance may provide a uniform schedule of costs to be taxed in all cases in the municipal court and may provide for the taxing of costs against the city in cases in which the judgment shall be against the city or for their taxation against the prosecuting witness where the judgment is in favor of the defendant. Judgments for costs may be enforced by writ of execution or garnishment and in case the judgment is against the defendant by commitment to jail until such costs are paid. (2) All costs so collected shall be paid into the general fund of the city, but the council shall provide for the payment out of the general fund of the fees of jurors and witnesses. No fees taxed as costs in favor of any elective or appointive officer of the city shall be paid to or retained by such officer, and no such elective or appointive officer of the city shall be entitled to a fee as witness in any proceeding in the municipal court. Sec. 14.12. Records and clerk. There shall be appointed, in the manner provided by ordinance, a clerk of the municipal court, who may be a member or employee of the police department, and who shall, under the supervision of the municipal judge, keep a complete record of its proceedings. The clerk shall also keep a complete account of all monies paid into said court for fines, forfeitures, and costs and the chief of police shall pay over and account to the city treasury all monies so received. The judge or the clerk may certify to the correctness of any transcript or certified copy of the judgment and record of the court. Sec. 14.13. Suspended sentence and probation. The municipal judge may in a proper case suspend the sentence or the execution of a sentence for not more than sixty (60) days upon such terms as he may prescribe. The court may place upon judicial probation any person convicted in the municipal court upon plea of guilty, or on trail, for a period not to exceed one (1) year and upon such terms and conditions and under such supervision as said court may order. The court may, before passing sentence, require the city attorney or police department to furnish a pre-sentence report, including the past history and circumstances of the offender, the record of all former convictions, and such other information as said judge may require. CHAPTER 15. PUBLIC IMPROVEMENTS AND SPECIAL TAX BILLS Sec. 15.01. Improvements. The procedure for making, altering, vacating or abandoning public improvements shall be governed by general ordinance consistent with applicable state law. Sec. 15.02. Special assessments. The procedure for levying, collecting, and enforcing payment of special assessments for public improvements or special tax bills evidencing such assessments shall be governed by general ordinance consistent with applicable state law. Sec. 15.03. Procedure for public improvements; council may change. In respect of the procedure provided in this chapter for the making of public improvements of streets, alleys, thoroughfares, or other public ways and places, the creation of sanitary or storm sewers, the creation of public sewers and districts or joint sewer districts, the levying and assessing of special taxes therefor, the issuance of special tax bills as a lien upon the property benefitted and the collection of such tax bills, the council shall have the power by general ordinance to change, alter or modify such procedure. If any procedure or method required for the making of such improvements and the levying, assessing and collection of special taxes has been omitted from this Charter, the council shall provide for the same by general ordinance, and until such procedure or method is so provided such procedure shall be as provided by the law of the State of Missouri for special Charter cities having a population of less than thirty thousand. (30,000) inhabitants. CHAPTER 16. FRANCHISES Sec. 16.01. Granting of franchises. All public utility franchises and all renewals, extensions and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted within less than thirty (30) days after application therefor has been filed with the council, nor until a full public hearing has been filed thereon.

No exclusive franchise shall ever be granted, and no franchise shall be granted for a longer term than twenty (20) years. No such franchise shall be transferable, directly or indirectly, except with the approval of the council expressed by ordinance after a full public hearing. This section shall not be construed to prevent the council from enlarging the rights of uses of any street or public place by the holder of an existing franchise for the sole purpose of improving its service; nor shall it be construed to prevent the granting to railroad corporations of the right of constructing switches or spur tracts to industrial plants or warehouses. Sec. 16.02. Right of regulation. The city shall retain all rights of regulation granted under state and federal law. Nothing contained herein shall be construed as constituting any surrender or relinquishment to the public service commission or any similar state or federal regulatory body by the city of the city's exclusive right to regulate and control the use of streets, alleys, boulevards, highways, and other public ways and places of the city, nor its general police powers over all public utilities. Sec. 16.03. Purchases; condemnation. The city shall have the right to acquire by condemnation or otherwise the property of any public utility in accordance with the general laws of the state, provided that the price to be paid shall in no event include any value predicated upon the franchise, good will or prospective profits. Sec. 16.04. Revocable permits. Temporary permits for the operation of public utilities, or like permits for a period not to exceed two (2) years but subject to being renewed and subject to amendment, alteration or revocation at any time at the will of the council, may be granted only by ordinance on such terms and conditions as the council shall determine; provided that such permits shall in no event be construed to be franchises, or extensions or amendments of franchises. Sec. 16.05. Operation beyond franchise period. Any operation of a public utility by a franchise holder, with the tacit permission of the city, beyond the period for which the franchise was granted, shall under no circumstances be construed as a renewal or extension of such franchise. Any such operation shall at most be regarded as a mere temporary permit, subject, like other permits, to amendment, alteration or revocation at any time at the will of the council. CHAPTER 17. NOMINATIONS AND ELECTIONS Sec. 17.01. Time for holding elections. There shall be a general municipal election for the purpose of electing a mayor, councilmen, and other elective officers of the city, and for the purpose of deciding any question which may lawfully be submitted to the electors, on the first Tuesday in April of each odd-numbered year, provided that the election for the year 1987 shall be held at the time and in the manner provided for in the schedule of this Charter. There may be special elections called by the city council. Sec. 17.02. Election procedure. Any matter of election procedure not specifically covered by ordinance shall be governed by the general statutes of the state applicable to state elections which are hereby continued and incorporated herein until changed or superseded by ordinances of the council. The giving of notices, the printing and distribution of ballots, arrangement for polling places, and other similar matters incident to the conduct of an election shall be under the supervision of the city clerk. Sec. 17.03. Voting machines. The council shall have the power to provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with state law. Sec. 17.04. Magistrate may conduct election; when. If at any time, by reason of nonacceptance, resignation, refusal to qualify, or for any other cause, there shall be no officers of the city to order an election, the magistrate or any judge of the circuit court of Marion County is empowered to order and hold an election for city officers. Sec. 17.05. Nominations. Candidates for the elective offices provided for in this Charter may become candidates for the respective offices by filing with the city clerk the declaration of candidacy and paying the filing fee as hereinafter required. Sec. 17.06. Nominations; procedure, filing fees. Any person desiring to become a candidate for an elective office of the City of Hannibal shall file in the office of the city clerk not more than ninety (90) days nor less than sixty (60) days prior to the date of the election to fill such office, his declaration of candidacy and shall pay the filing fee applicable to that office. The filing fee, in the case of the office of the mayor shall be twenty dollars ($20.00), and in the case of all other elective offices, ten dollars ($10.00). All filing fees shall be paid into the general fund and shall not be subject to refund for any cause. The provisions hereinabove shall not prohibit the City of Hannibal from combining with other election bodies for the conduct of municipal elections nor shall the provisions hereinabove operate to supersede dates for filing, if different then specified by the consolidated election authority. Sec. 17.07. Declaration of candidacy. The declaration of candidacy filed by each candidate for an elective office of the city shall state his full name, residence, the office for which he is to be a candidate, that the candidate possesses the qualifications for the office required by the Charter and that, if elected, he will qualify for the office, and such declaration shall be in substantially the following form: "I, the undersigned________________, a resident and qualified elector of the_________ precinct of the ________ Ward, in the City of Hannibal, Missouri, do announce myself as a candidate for the office of_________ (in the________ Ward), to be voted for at the Municipal Election to be held on the________ day of_________ 19________, and I further declare that I possess the qualifications for the office as provided in the Home Rule Charter of the city of Hannibal and that I will qualify and serve if elected. Dated:_________ __________ Signature and Address of Candidate Sec. 17.08. Run-off election. In any municipal election where there are several candidates for the same elective office and no candidate receives a majority of the total votes cast, the two (2) candidates receiving the most votes shall be opposing candidates for such office in a runoff election to be held as hereinafter provided. Sec. 17.09. Date of run-off election. In all cases where a run-off election is required, the same shall be held on the second Tuesday next following such election. The run-off election shall be conducted in like manner as provided in a general election. Sec. 17.10. Withdrawal by candidate. At any time before the ballots for any election are printed, any candidate may, by written notice to the clerk, withdraw and, in such event, his name shall not be printed on the ballot. Sec. 17.11. Failure to hold election not to be deemed a lapse. If for any reason, an election shall not be held on the date specified in this Charter, or in any order of the council calling for a special election, the election shall not be deemed thereby to have lapsed, but the same shall be held at the earliest possible date to be designated by the mayor after due notice has been published as may be required by the ordinances of the city. Sec. 17.12. Board of election commissioners; canvass of votes, certificates of election.

The mayor, the city clerk and members of the city council who are in office at the time of the holding of any general or special municipal election shall be ex-officio the board of election commissioners for the purposes of conducting said election. Sec. 17.13. Oath of office; commission. If the person who is the mayor at the time of such election be re-elected thereat, the official oath as mayor shall be administered to him by the mayor pro tempore, city clerk or municipal judge and the official so administering the oath shall sign the mayor's commission. The official oath shall be administered to all other persons so elected by the mayor, or in case of his absence, inability or refusal to act, by the city clerk or municipal judge, and the person so administering such oath shall sign the commission of the person so qualified. CHAPTER 18. INITIATIVE, REFERENDUM, AND IMPEACHMENT Sec. 18.01. General authority. (a) Initiative. The qualified voters of the city shall have the power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any changes in substances, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, zoning, or salaries of city officers or employees. No proposed initiative ordinance shall contain more than one (1) subject which shall be clearly expressed in its title. (b) Referendum. The qualified voters of the city shall have the power to require reconsideration by the council of any adopted ordinance and, if the council fails to repeal the ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance, any ordinance levying a special assessment or providing for the issuance of special tax bills, or any ordinance relating to zoning, appropriation of money or levy of taxes. Sec. 18.02. Commencement of proceedings; petitioner's committee, affidavit. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioner's committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance, or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioner's committee is filed, the clerk shall issue the appropriate petition blanks to the petitioner's committee. Sec. 18.03. Petitions (a) Initiative and referendum petitions must be signed by not less than ten (10) percent of the registered, qualified electors of the city. (b) All papers of a petition shall be uniform in size and style and shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation, the full text of the ordinance proposed or sought to be reconsidered. (c) Each paper of a petition shall have attached to it when filed an affidavit of the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. The circulator shall be a qualified voter of the city. (d) Referendum petitions must be filed within thirty (30) days after adoption by the council of the ordinance sought to be reconsidered. Sec. 18.04. Procedure after filing. (a) Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioner's committee files a notice of intention to amend it with the city clerk within two (2) days after receiving the copy of his certification and files a copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 18.03, and within five (5) days after it is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner's committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient, and the petitioner's committee does not elect to amend or request council review under subsection (b) of this section within the time required, the clerk shall promptly present his certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) If a petition had been certified insufficient and the petitioner's committee does not file notice of intention to amend it or if an amended petition had been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that at its next regular meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. (c) A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained by court review, shall not prejudice the filing of a new petition for the same purposes. Sec. 18.05. Referendum petitions; suspension of effect of ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition; (2) The petitioner's committee withdraws the petition; (3) The council repeals the ordinance; (4) Thirty (30) days have elapsed after a vote of the city on the ordinance. Sec. 18.06. Action on petitions. (a) When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in article III or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance, it shall submit the proposed or referred ordinance to the voters of the city. (b) The vote of the city on a proposed or referred ordinance, shall be held not less than thirty (30) days nor more than one (1) year from the date of the final council vote thereon. If no regular city election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Any initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the date scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four (4) members of the petitioner's committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Sec. 18.07. Results of election. (a) If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. Sec. 18.08. Impeachment. (a) The mayor, regular judge of the municipal court, the city attorney, the city clerk, members of the city council, and members of independent boards shall be subject to removal by impeachment; and all other officers of the city shall be subject to removal by impeachment in addition to any other methods of removal provided for in this Charter. (b) Charges of impeachment against the mayor may be filed by any two (2) members of the city council, and such charges against any other officer of the city may be filed either by the mayor or by two (2) members of the city council. In any case, these charges shall be filed in writing with the city clerk, signed by the person or persons filing the same and shall specify the nature and grounds of the accusation against the accused. (c) The grounds for which any such officer may be removed by impeachment shall be the commission by him of any act of fraud or dishonesty in connection with official duties, any oppression in office, the willful refusal to perform any lawful order of his superior, or the commission of any felony or infamous crime whether connected with the duties of his office or not. (d) When any charge shall have been filed with the city clerk (or in case the city clerk himself be the accused, with the mayor) the city clerk (or the mayor if the charges are filed with him) shall bring the matter to the attention of the council which shall set a date for the hearing thereof. The clerk, or the acting clerk, shall thereupon issue under the seal of the City of Hannibal, a notice to the accused specifying the date, time and place set for hearing, which shall be accomplished by a certified copy of the charges so filed. Said notice and the copy of the charges shall be served upon the accused in the manner in which a summons in a civil action is served personally under the rules of civil procedure in the State of Missouri. It may be so served by the chief of police or by the sheriff of Marion County, and the officer serving the same shall make due return of his service. (e) The city council shall constitute the court of impeachment for hearing said charges. If a member of the council be the accused, he shall not sit during the hearing of such charges, and if the charges be filed by two (2) members of the council, they shall be disqualified to sit during the hearing thereof. The mayor (or the mayor pro tempore, if the mayor be accused) shall notify the judge of the municipal court, who shall preside at such hearing. If, however, the municipal judge be himself the accused, or be otherwise disqualified, the mayor shall request the judge of the circuit court of Marion County to preside, or a master appointed by the circuit judge. Said judge shall, in open hearing, rule on all notices and preliminary motions, rule as to the admissibility of all evidence offered in the hearing and pass upon all questions of law raised thereon. If the accused shall so request, he shall rule upon said request and may order the persons filing the charges to make a more specific statement or to file a bill of particulars of the charges made. (f) The hearing may be continued for cause from time to time. The city shall be represented at such hearing by the city attorney, or if the city attorney be accused, by special counsel or designated appointee appointed by the mayor subject to council approval. The accused may appear in proper person or by counsel. The rules of criminal procedure shall apply throughout the hearing, and evidence shall be heard in behalf of the city and of the accused and at the conclusion of the trial, the presiding judge shall submit the issues to the members of the council eligible to vote. A separate vote shall be taken upon each charge and the roll shall be called thereon and recorded. if, upon such vote, two-thirds of the members of the council eligible to vote shall cast their vote in favor of a conviction, a judgment of impeachment shall be entered. (g) Upon the filing of any impeachment charges, the official in question shall be suspended immediately from performing any official duties or exercising any official power, pending the hearing. (h) The judgment of impeachment shall extend no further than to remove the convicted person from office and to disqualify him from further holding of municipal office for a period of one (1) full term of the office from which removed, said period to commence after the completion of the term from which removed. Such judgment, however, shall not prevent prosecution, either in the municipal or state courts, of the accused for any criminal act which is charged as a ground of impeachment. CHAPTER 19. MISCELLANEOUS PROVISIONS Sec. 19.01. Judicial notice of the Charter.

This Charter is declared to be a public act, and all courts shall take judicial notice thereof. Sec. 19.02. Proof of ordinance or official record. Any ordinance, resolution or other proceeding of the council, or any official document or record of the city, may be proved by a copy thereof certified by the city clerk under the seal of the city, or, when printed or published in book or pamphlet from stated therein to be printed or published by authority of the council, the same shall be read and received in evidence in all courts and places in the State of Missouri without further proof of authority. Sec. 19.03. Judicial bonds. The city shall not be required to give bond in any judicial proceeding or appeal. Sec. 19.04. Official bonds. The mayor, city clerk, and all other officers and employees receiving, disbursing or responsible for city funds, and such other officers and employees as the council by ordinance may designate, shall, within such time after appointment as may be fixed by ordinance, and before entering upon the discharge of their duties, give bond to the city. Official bonds shall be in such sums and with such sureties as shall be prescribed by ordinance; shall be subject to approval by the council, and shall be conditioned upon the faithful and proper performance of duties and upon the prompt accounting for the paying over to the city of all monies or property belonging to the city that may be received. If any person appointed to any office or employment shall fail to give bond as herein required, he shall forfeit his office or employment. The city shall pay the premiums on all such bonds. Unless otherwise provided by ordinance, the bond of the city clerk shall be filed with the mayor, and the bonds of all other officers and employees shall be filed with the city clerk. Sec. 19.05. Security of deposits. The council shall require all funds of the city in any city depository to be adequately secured by a deposit of obligations of the United States government, State of Missouri, City of Hannibal or other political subdivisions of the State of Missouri, or by giving a good and sufficient corporate surety bond in an amount satisfactory to the council. Sec. 19.06. Power to administer oaths. The mayor, any member of the council and the city clerk may administer oaths or affirmations in any matter pertaining to the affairs and government of the city. Sec. 19.07. Officers and employees not to be interested in contracts. No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city or any office, department, board or agency thereof, or be financially interested, directly or indirectly, in the sale or lease to the city of any land, materials, supplies, equipment or services except on behalf of the city as an officer or employee. Any violation of this section shall render the contract, agreement, undertaking or sale void, and any officer or employee so violating this section shall thereby forfeit his office, position or employment. Provided, however, that nothing herein contained shall be construed to apply to any contract, sale or lease not initiated, proposed, instituted, introduced or commenced by an officer or employee of the city who may be involved or interested in such undertaking. Sec. 19.08. Officers, employees; qualifications.

No person shall be entitled to hold any office or employment who is in arrears for any city taxes, but no property qualification shall be required of any person to render him eligible to any office, position, or employment. Sec. 19.09. Oath of office. Before entering upon his duties, every officer shall file with the city clerk his certificate of election or appointment and shall take and subscribe before and file with the city clerk his oath or affirmation that he possesses all the qualifications for the office to which he is chosen, that he is not subject to any of the disqualifications set forth in this Charter for the office or employment he is about to assume, that he will support the constitution and laws of the United States and of the State of Missouri, and the Charter and ordinances of the City of Hannibal, and that he will faithfully discharge the duties of his office, and that, in the appointment, promotion or discharge of officers or employees, he will be influenced only by the consideration of fitness; and that in such matters, he will act with impartiality and justice. Sec. 19.10. Salaries. The council shall fix by ordinance the salaries and other compensation of all officers and employees of the city except as otherwise provided in this Charter. In no case shall the salary or compensation of any officers or employees be based upon or measured by fees. Sec. 19.11. Continuity of offices, departments or agencies.

Any office, department or agency provided for in this Charter with a name or with powers and duties the same or substantially the same as those of an office, department or agency heretofore existing shall be deemed to be a continuation of such office, department or agency. Sec. 19.12. Transfer of records and property.

All records, property, supplies and equipment of any office, department or agency or part thereof, the powers of which are assigned to any other office, department, board or agency by this Charter, shall be transferred and delivered to the office, department or agency to which such powers and duties are assigned. Sec. 19.13. Consistent ordinances to remain in force.

All ordinances, regulations and resolutions in force at the time this Charter takes effect, and not inconsistent with the provisions thereof, shall remain and be in force until altered, modified, amended or repealed by or under the authority of this Charter or by ordinance. Sec. 19.14. Inconsistent ordinances; contracts void, when.

All contracts, agreements, undertakings and other obligations entered into, and all ordinances, regulations and resolutions passed after the adoption of this Charter and contrary to the provisions thereof shall be void. Sec. 19.15. Harmony with state law.

This Charter is adopted in harmony with and subject to the constitution and the laws of the State of Missouri applicable to cities adopting constitutional Charters. Sec. 19.16. Effect or unconstitutional provisions.

If any provision, clause or part of this Charter be held to be unconstitutional or void, the validity, force or effect of any other provision of this Charter shall not thereby be affected. Sec. 19.17. Pending actions and proceedings.

No action or proceeding, civil or criminal, pending at the time this Charter shall take effect, brought by or against the city or any office, department, agency, board or officer thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained; and all rights of action, fines, penalties and forfeitures accrued to the city and all liens, rights and titles to real and personal property held, had and acquired by the city previous to the time when this Charter takes effect shall remain unaffected thereby and may be prosecuted, recovered, received, held, maintained, had, and enjoyed as fully in every respect as if said Charter had not taken effect. Sec. 19.18. Continuation of contracts; public improvements; taxes.

All contracts entered into by the city, or for its benefit, prior to that taking effect of this Charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this Charter takes effect may be carried to completion as nearly as practicable in accordance with the provision of, such existing laws. All taxes and assessments levied or assessed and all other obligations of every kind and character owing to the city which are uncollected at the time this Charter becomes effective, shall continue in full force and effect and shall be collected as if no change had been made. The adoption of this Charter or anything herein contained shall not affect any right, lien, title or liability accrued, established or subsisting previous to the time when this Charter takes effect. Sec. 19.19. Action for damages maintained.

No action shall be maintained against the city on account of any injury to person or damage to property growing out of alleged negligence of the city unless notice, signed by or on behalf of the person or persons claiming injury or damage, shall first have been given in writing to the city clerk within six (6) months of the occurrence for which said injury or damage is claimed, stating the place, time, character and circumstances of the injury, and that the person or persons so injured or damaged will claim damages therefor from the city. Sec. 19.20. Condemnation proceedings.

All proceedings or methods for the condemnation of property or in the exercise of the right of eminent domain, not specifically set out in this Charter, shall be in accordance with the laws of the State of Missouri, or rules of the Supreme Court, now or hereafter applicable to condemnation proceedings by public utility corporations. Sec. 19.21. Public property; commercial use.

The City of Hannibal shall have the authority and power, within and without the city, by ordinance, to acquire, own, improve, operate and maintain lands and to erect buildings, facilities, works, plants, structures or other improvements thereon, and to rent, let, lease, sell or otherwise dispose of the same, or any part thereof or any interest therein, to private persons, associations or corporations for fabricating, manufacturing or other business or commercial use or purposes and to borrow money thereon, pledge the income therefrom and issue obligations of the city therefor; said authority and power to be exercised in the manner, by such procedure and pursuant to such rules and regulations and to the full extent and enjoyment of the power and authority now or hereafter granted municipal corporations of any population group or classification by the constitution of Missouri or laws of Missouri. Sec. 19.22. Taxation; rates and kinds of, remitting prohibited.

(1) The rates of taxes levied by the council shall be within the limits now or hereafter authorized by the constitution and law of the State of Missouri applicable to cities adopting constitutional Charters and no tax shall be imposed unless clearly authorized by this Charter, the constitution or the general statutes of the State of Missouri, any conflicting provisions herein to the contrary notwithstanding.

(2) No income tax or wages or earnings shall be levied or collected unless clearly authorized by the general statutes of the state and by a majority of the qualified voters voting at a general election or special election called for said purpose, at which such tax or taxes are submitted to a vote of the people.

(3) Nothing contained in this section is intended to affect present taxes or tax ordinances and the same shall remain and be in force until altered, modified or repealed by ordinance.

(4) No general or special tax or assessment, or interest or penalty thereon, shall be remitted or abated, or the right to enforce payment thereof released, except in correction of errors. Sec. 19.23. City to have exclusive control of public highways; vacation or abandonment.

The City of Hannibal shall have exclusive control over its public highways, streets, avenues, alleys and other public grounds and places, wharves, docks, ferry privileges and landings on the Mississippi River and Bear Creek, subject to the right of the United States to regulate navigation upon the Mississippi River; and the council, by ordinance, shall have exclusive power to vacate or abandon any public highway, street, avenue, alley or public place or part thereof within the city. Sec. 19.24. Rights retained under prior law and Charter.

The City of Hannibal shall retain all the rights and privileges which its inhabitants have heretofore possessed by virtue of the provisions of the original town or city Charter, or any amendments thereto, not inconsistent with this Charter or the constitution of Missouri, including the power by ordinance to provide for the straightening or changing the channel of Bear Creek, or any other watercourse or stream within the city limits, as may be deemed for the best interests of the City of Hannibal, and to condemn the right-of-way for the same in the same manner as for streets and alleys. Sec. 19.25. Reserved. Sec. 19.26. Use of masculine pronoun.

Unless specifically or especially otherwise provided, the use of the masculine pronoun throughout this Charter or any amendments thereto is understood to apply indiscriminately to either sex. Sec. 19.27. Power to fix rates of compensation.

The first council elected under this Charter shall have the power and authority to fix and establish rates of compensation for the office of mayor and for all elective and appointive officers of the city, exclusive of the rates of compensation for members of the council, otherwise established by this Charter, and irrespective of whether such officers are appointed for a definite term or for an indefinite term. Until so established, the compensation of the mayor shall be three thousand six hundred dollars ($3,600.00) per year, payable in semi-monthly installments. Sec. 19.28. Index to Charter.

No later than six (6) months after the first council elected hereunder is inducted into office, the city clerk, under the supervision of the city attorney, shall prepare a detailed index of this Charter, said index to be arranged alphabetically by topic. Sec. 19.29. Repeal of conflicting Charter provisions.

All provisions of the present Charter in conflict with the provisions of these amendments are hereby repealed to the extent, and only to the extent necessary to harmonize to present Charter with the provisions of these amendments. CHAPTER 20. AMENDMENT OF THE CHARTER Sec. 20.01. Amending the Charter.

Amendments to this Charter may be framed and submitted to the electors by a commission as provided for a complete Charter. Amendments may also be proposed by the council, or by petition of not less than ten (10) percent of the registered, qualified electors of the city, filed with the city clerk, setting forth the proposed amendment. The council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors at the next general election held in the city, or at a special election held as provided for a Charter at the time for such election as established by law. Any amendment approved by a majority of the qualified electors voting thereon shall become a part of the Charter at the time and under the conditions fixed in the amendment; and sections or chapters may be submitted separately or in the alternative and determined as provided for a complete Charter.

Hannibal City Preface Chapter 1 - General Provisions Chapter 2 - Administration Chapter 3 - Alcoholic Beverages Chapter 4 - Animals Chapter 5 - Aviation Chapter 6 - Boats, Wharves, and Waterways Chapter 7 - Buildings and Building Regulations Chapter 8 - Cemeteries Chapter 9 - Drainage and Flood Control Chapter 10 - Elections Chapter 11 - Emergency Management Organizations Chapter 12 - Fire Prevention and Protection Chapter 13 - Health and Sanitation Chapter 14 - Human Rights and Relations Chapter 15 - Licenses, Taxation, and Miscellaneous Business Regulations Chapter 16 - Miscellaneous Provisions and Offenses Chapter 17 - Motor Vehicles and Traffic Chpater 18 - Municipal Court Chapter 19 - Nuisances Chapter 20 - Parks and Recreation Chapter 21 - Personnel Chapter 22 - Planning and Development Chapter 23 - Police Chapter 24 - Railroads Chapter 25 - Sewers and Sewage Disposal Chapter 26 - Signs Chapter 27 - Solid Wastes Chapter 28 - Streets Sidewalks and Other Public Places Chapter 29 - Subdivisions Chapter 30 - (Reserved) Chapter 31 - Vehicles for Hire Chapter 32 - Zoning

CITY OF HANNIBAL DIRECTORY OF DEPARTMENTS AND SERVICES

BOARD OF PUBLIC WORKS Robert Chriscinske, General Manager 3 Industrial Loop 221-8050 24-hour Phone 221-0955 Water Treatment Plant 248-1511 City Hall Desk 221-0219

CITY ATTORNEY C. Todd Ahrens 718 Broadway 221-8313

CITY HALL (City Manager, Mayor, City Clerk, City Collector, and Department of Public Works) 320 Broadway 221-0111

CONVENTION & VISITORS BUREAU Beau Hicks, Director 505 North Third Street 221-2477 Fax 221-6999 e-mail Cathy@VisitHannibal.com

FIRE DEPARTMENT Gene Dryden, Chief 205 South Fourth Street 221-0657 Fax 221-2431 Station 1 (4th Street) 221-4340 Station 2 (Huckleberry Heights) 221-6200 Station 3 (McMasters Avenue) 221-0159

LIBRARY Ann Sundermeyer, Librarian 200 South Fifth Street 221-0222

MUNICIPAL JUDGE Thomas R. Motley 8965 Highway 36 221-1848

PARKS & RECREATION Chris Atkinson, Superintendent 320 Broadway 221-0154 Fax 221-0155 City Pool (Mem. Day to Labor Day) 221-9658 Armory 221-4489 Boat Harbor (May to October)

POLICE DEPARTMENT Joey Runyon, Police Chief 777 Broadway 221-0987 Fax 221-3966 C.I.S. 221-9862 Chief 221-7111

STREET DEPARTMENT Leon Wallace, Superintendent 1993 Orchard Avenue 221-0134 Office/Supervisor 221-1178 Fax 221-4378

MISCELLANEOUS Assessor - Real Estate 248-1514 AT&T Cable 221-0066 Birth Records (Health Dept.) 221-1166 Chamber of Commerce 221-1101 Circuit Clerk 221-0198 County Assessor 221-0589 County Clerk 573/769-2549 County Collector 221-0727 Family Services 248-2540 Hannibal Courier Post 221-2800 Hannibal-LaGrange College 221-3675 Hannibal School District 221-1258 Health Department 221-1166 Humane Shelter 221-9222 Marion County Collector 221-0727 Marion County Sheriff 221-0678 Mark Twain Museum 221-9010 Motor Vehicle/Driver's License 221-5830 Narcotics Task Force 221-5200 NEMo Development Authority 221-1033 Prosecuting Attorney 221-0146 Public Administrator 221-9149 Public Defender 248-2430

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HOSPITAL/CLINIC/AMBULANCE Hannibal Regional Hospital 248-1300 Hannibal Clinic 221-5250 Great River Clinic 221-0096 Marion County Ambulance 221-4573

UTILITY AT&T Cable Service (TCI) 221-0060 Board of Public Works 221-8050 United Cities Gas (emergency) 800/556-5469 United Cities Gas (non emergency) 888/824-3434 Ralls County Public Water 221-6615 SWBT (home service) 800/464-7928 SWBT (business service) 800/499-7928