Chapter 1

GENERAL PROVISIONS

CONTENTS

ARTICLE I.  IN GENERAL

§ 1-1. Official City Seal.

§ 1-2. Interpretation; construction of words.

§ 1-3. Severability.

§ 1-4. Publication.

§ 1-5. Penalty – General.

§§ 1-6 to 1-10.  Reserved.

ARTICLE II.  WARDS AND BOUNDARIES

§ 1-11.    Division of City into Wards.

§ 1-12.    First Ward boundaries.

§ 1-13.    Second Ward boundaries.

§§ 1-14 to 1-18.  Reserved.

ARTICLE III.  CITY LIMITS

§ 1-19.    Annexation by petition, July 7, 1986.

§ 1-20.    Annexation by petition, November 22, 1991.

§ 1-21.    Annexation by petition, February 4, 1992.

§ 1-22.    Annexation by petition, June 17, 1993.

§ 1-23.    Annexation by petition, January 15, 1999.

§ 1-24.    Annexation by petition, August 2,2004.
§ 1-25.  Annexation by petition, July 11, 2011.
§ 1-26.  Reserved.
Chapter 1

GENERAL PROVISIONS

ARTICLE I

IN GENERAL

Sec. 1-1.  Official City Seal.

The Seal of the City shall consist of a circular

impression, around the outside portion of which shall be engraved the words

“City of Vienna, State of Missouri” and across the diameter shall

be engraved the word “Seal”.  (§109.019, 1978 Code)

Sec. 1-2.  Interpretation; construction of words.

Board – The word “board” whenever used in these codes unless otherwise expressed shall be construed to mean board of aldermen.

City; town; municipality – the word “city” or “town” whenever used in these codes shall be construed to mean the City of Vienna.

City limits – the words “in the city”, “within the city limits” or “within the limits of the city” when used in these codes shall be construed to mean all the territory included within the boundary lines of the City of Vienna.

Gender – the words “he”, “him”, “them”, “she” or “they”, whenever used in these codes shall be taken and construed to mean either male or female.

License; license tax – The words “license and license tax” whenever used in these codes shall include license for all purposes authorized or required by law or ordinance and also the tax on telegraph and telephone poles, vehicle license tax, the dog tax, the merchants tax, the manufacturers tax, and all other licenses as assessed.

Officers – the words “attorney”, “the park commissioner”, “sewer commissioner”, “street commissioner”, “treasurer”, and “water commissioner”, whenever used in these codes unless otherwise specified, shall be construed to mean, city attorney, city board of health, city clerk, city collector, city engineer, city marshal, city park commissioner, city sewer commissioner, city street commissioner, city treasurer or city water commissioner as the case may be.

Person – the word “person” whenever used in these codes shall be construed to mean one or more persons and shall include partnerships, corporations or other associations of persons.

Vienna – the word “Vienna”

or City of Vienna” whenever used in these codes shall be construed to mean

Vienna, Missouri.  (§101.005, §101.007, 1978 Code)

Sec. 1-3.  Severability.

Should any paragraph, phrase, clause, sentence,

section, article or chapter of this Code of Ordinances be declared unconstitutional

or invalid for any reason, the remainder of said Code of Ordinances shall not

be affected thereby.  (§101.015, 1978 Code)

Sec. 1-4.  Publication.

Whenever, by any of the provisions of these

codes, it is provided that any advertisement shall be published in the newspaper

published in this city, and there shall in fact, be no newspaper published in

this city, then said advertisement shall be published in the next nearest newspaper

published in Maries County, Missouri.  (§101.021, 1978 Code)

Sec. 1-5.  Penalty – General.

Every person or persons who shall be convicted

of violating any of the provisions of this or any other ordinance of this city,

in case where no specific penalty is prescribed by this or such other ordinance,

shall be punished by a fine of not less than one nor more than five hundred

dollars, or by imprisonment in jail not exceeding three months, or by both such

fine and imprisonment as may be just for any offense, recoverable with costs

of suit.  (§101.041, 1978 Code; As amended by adopting ordinance dated

July 7, 1992)

Secs. 1-6 to 1-10.  Reserved.

ARTICLE II

WARDS AND BOUNDARIES

Sec. 1-11.  Division of City into Wards.

The City of Vienna, Missouri, shall be and hereby

is divided into two wards designated as First Ward and Second Ward.  (§103.003,

1978 Code)

Sec. 1-12.  First Ward Boundaries.

All that part of the city lying north of Fifth

Street (Missouri Highway 42) shall constitute the First Ward.  (§103.011,

1978 Code)

Sec. 1-13.  Second Ward Boundaries.

All that part of the city lying south of Fifth

Street (Missouri Highway 42) shall constitute the Second Ward.  (§103.013,

1978 Code)

Secs. 1-14 to 1-18.  Reserved.

ARTICLE III

CITY LIMITS

Sec. 1-19.  Annexation by petition, July 7, 1986.

(a) The board of aldermen of the City of Vienna, Missouri, after the aforesaid public hearing*, found that the annexation of the twelve (12) parcels of land is reasonable and necessary to the proper development of the City of Vienna and that the City of Vienna has the ability to furnish the normal municipal services of said city to said unincorporated areas within a reasonable time after said annexation becomes effective, that the areas proposed to be annexed are used by the public of the City of Vienna, that it is necessary that the city be able to impose its police power in said areas and enforce its ordinances in said areas for the prevention of crime and for the promotion of the general public health and welfare of the City of Vienna and its inhabitants, that the normal municipal services now furnished by the City of Vienna consist of police and fire protection and enforcement of city ordinances and water and

* (Held on May 5, 1986)

sewer services, and that the personnel and equipment are available to provide such services immediately or within a reasonable time.

(b) The corporate limits of the City of Vienna, Missouri, are extended to include the following described real property situated in Maries County, Missouri:

TRACT NO. 1 (City of Vienna Pump Station): Part of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 21, Township 40 North, Range 9 West of the 5th P.M. described as follows: Beginning at a point on the East line of said tract at the South line of the Vienna and Indian Ford Road, as same ran on June 29, 1957, said point being 1343.4 feet East of the West line of said Section; thence West along the South right of way of said road a distance of 100 feet; thence due South 67 feet to the center line of the branch; thence Southeasterly along the center line of the branch 111 feet to a point due South of the point of beginning; thence North 78 feet to the point of beginning, containing 0.17 acres, more or less.

TRACT NO 2 (City of Vienna Park):

Parcel #1: That part of the North Half of the Southwest Quarter of Section twenty (20), Township forty (40), Range nine (9) described as follows: From the point where the east line of W. T. and Viola Tacketts’ property intersects the north side of the county road (which said point is the Southwest corner of a tract conveyed to Charles M. Pearson by deed recorded book 49, page 573, and which is 7.00 chains west of the quarter section line) run westerly along the Northerly side of said road 13.83 chains to point of beginning of land herein conveyed, thence proceeding westerly along the north side of said road 11.37 1/2 chains, thence North 34 degrees east 7.21 chains to a catalpa tree 12 inches in diameter, thence South 64 1/2 degrees east 8.15 1/2 chains, thence south 13 degrees west 9.56 chains to place of beginning, containing eight acres, more or less,and being a part of the tract acquired by W. T. and Viola Tackett by deed recorded book 66, page 449.  Subject to certain use restrictions in deed dated May 10, 1949 and recorded in the Office of the Recorder of Deeds of Maries County, Missouri, in Book 77 at Page 358.

Parcel #2: That part of the North Half of the Southwest Quarter of Section twenty (20), Township forty (40), Range nine (9) described as follows: Beginning at the Northwesterly corner of a tract conveyed by W. T. and Viola Tackett to grantor herein by deed recorded book 77, page 358 (specific reference to said deed for point of beginning being hereby made), thence North 70° West (var. 5 1/2°) 960 feet, thence South 31° West to the county road at an elm tree, 108 feet, more or less thence Easterly along said county road to the Southwesterly corner of the tract above referred to, thence North 34° East 7.21 chains, along the Westerly line of said tract, to the place of beginning 6 acres more or less, and being part of the land acquired by W. T. and Viola Tackett by deed recorded book 66 page 449.

TRACT NO. 3 (City of Vienna Sewage Lagoons South of County Road): A part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (SE 1/4), a part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4), and a part of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 19, Township 40 North, Range 9 West, Maries County, Missouri, more particularly described as follows: Beginning at a point that is 63 feet North and 329 feet West of the Northeast corner of the Southeast Quarter (SE 1/4) of said Section 19, said point being on the South right-of-way line of a county road; thence South 38° 46′ 15″ West, 1580.27 feet to an iron pin; thence North 51° 15′ 45″ West, 338 feet to the Center line of Fly Creek; thence Northeasterly along the center line of Fly Creek approximately 1680 feet to the South right-of-way line of a county road; thence Easterly along said South right-of-way line approximately 447 feet to the point of beginning, containing 16.8 acres, more or less.  Also, a permanent easement across the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 19, Township 40, Range 9 and the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) and the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 20, Township 40, Range 9, to construct and maintain a sewer.  Said easement being 20 feet in perpendicular width, 10 feet on each side of the following described center line; Beginning on the East line of the above described property 468 feet Southwesterly from the beginning point of the above description, thence South 34°6’15” East, 313.28 feet to a point, thence South 33°10’45” East, 262.6 feet to a point; thence South 46°48’37” East, 370.33 feet to a point, thence South 68°12’36” East, 228.6 feet to a point; thence South 49°24’32” East, 248.9 feet to a point; thence South 64°26′ East, 392.67 feet to a point; thence South 57°12’38” East, 395.20 feet to the property line.

TRACT NO. 4 (City of Vienna Sewage Lagoon located North of County Road): That part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 19, Township 40 North, Range 9 West of the 5th P.M., lying East of Fly Creek and North of the County Road.

TRACT NO. 5 (David A. Swarthout and Catherine J. Swarthout): All that part of the Northwest Quarter of the Southeast Quarter of Section 29, Township 40 North, Range 9 West in Vienna, Missouri described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence South 88°-30′-30″ East, 605.17 feet along the North line of said quarter quarter to the true point of beginning of the tract hereinafter described: thence continuing South 88°-30′-30″ East, 215.67 feet along said North line of quarter quarter; thence South 1°-29′-30″ West, 191.94 feet; thence South 88°-30′-30″ East, 210.0 feet to the West line of Old Rolla-Vienna Road; thence South 25°-25′-30″ West, 48.62 feet, and, South 13°-18′-30″ West, 210.56 feet, and, South 4°-12′-30″ West, 141.17 feet, and, South 0°-45′ East, 476.43 feet, and, South 10°-20′-30″ West, 93.78 feet, and, South 36°-48′ West, 192.32 feet, all along said West line of Old Rolla-Vienna Road to the South line of said Northwest Quarter of the Southeast Quarter; thence North 88°-59′ West, 262.03 feet along said South line to the East right-of-way of U.S. Highway 63, thence North 8°-12′-30″ West, 864.69 feet along said East right-of-way; thence North 81°-47′-30″ East, 195.03 feet; thence North 8°-12′-30″ West, 200.0 feet; thence North 1°-29′-30″ East, 229.0 feet to the true point of beginning.  Above tract contains 11.88 acres, more or less.

EXCEPT: All that part of the Northwest Quarter of the Southeast Quarter of Section 29, Township 40 North, Range 9 West of 5th P.M. in Vienna, Missouri described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence South 88°-30′-30″ East, 1116.03 feet along the North line of said quarter quarter to the West line of Old Rolla-Vienna Road; thence South 25°-25′-30″ West, 258.62 feet, and, South 13°-18′-30″ West, 210.56 feet, and, South 4°-12′-30″ West, 141.17 feet, and, South 0°-45′ East, 476.43 feet, and, South 10°-20′-30″ West, 93.78 feet, and, South 36°-48′ West, 25.47 feet, all along said West road line of Old Rolla-Vienna Road to the true point of beginning of the tract hereinafter described: thence continuing South 36°-48′ West, 166.85 feet along said West road line to the South line of said Northwest Quarter of the Southeast Quarter; thence North 88°-59′ West, 262.03 feet along said South line to the East right-of-way of U.S. Highway 63; thence North 8°-12′-30″ West, 137.13 feet along said East right-of-way; thence South 88°-59′ East, 381.57 feet to the true point of beginning.  Above exception contains 1.0 acres, more or less.  The above description taken from Survey Drawings No. S-3718B and No. S-5236 made by Robert L. Elgin, Missouri Registered Land Surveyor, No. 890.

TRACT NO. 6 (David L. Clark): Tract “A”: All that part of the Northwest Quarter of the Southeast Quarter of Section 29, Township 40 North, Range 9 West in Vienna, Missouri, described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence South 88°30’30” East, 968.43 feet along the North line of said quarter quarter to the true point of beginning of the tract hereinafter described: Thence continuing South 88°30’30” East, 147.6 feet along said North line of quarter quarter to the West right-of-way of Old Rolla-Vienna Road; thence South 25°25’30” West, 188.12 feet along said West road line; thence North 88°30’30” West, 109.44 feet; thence North 14°00′ East, 176.13 feet to the true point of beginning.  Above tract contains 0.51 acres, more or less.

TRACT NO. 7 (Kenneth L. Risse and Tamera G. Risse): Tract “B”: All that part of the Northwest Quarter of the Southeast Quarter of Section 29, Township 40 North, Range 9 West in Vienna, Missouri, described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Southeast Quarter of said Section 29; thence South 88°30’30” East, 820.84 feet along the North line of said quarter quarter to the true point of beginning of the tract hereinafter described: thence continuing South 88°30’30” East, 147.59 feet along said North line of quarter quarter; thence South 14°00’West, 176.13 feet; thence South 88°30’30” East, 109.44 feet to the West line of Old Rolla-Vienna Road; thence South 25°25’30” West, 21.88 feet along said West road line; thence North 88°30’30” West, 210.0 feet; thence North 1°29’30” East, 191.94 feet to the true point of beginning.  Above tract contains 0.60 acres, more or less.

The above description taken from Survey Drawing No. S-3718A made by Robert L. Elgin, Missouri Registered Land Surveyor, No. 890, under date of July 7, 1977.

TRACT NO. 8 (John F. Barnhart and Colleen Barnhart): That part of the Northwest Quarter of the Southeast Quarter of Section 29, Township 40, Range 9, described as follows: Beginning 118 feet Southeast of the Northwest corner of a tract heretofore conveyed by Arthur and Berniece Eads to grantors by deed recorded in books 78, page 216, being on the Easterly right of way line of highway 63 and being 347 feet South of the North line of said 40; thence East 198 feet thence Southeasterly parallel with said highway 100 feet, thence Southwesterly at right angles to said highway 196 feet to said Easterly right of way line of said highway, thence Northwesterly along said right of way line 117 feet to place of beginning.

TRACT NO. 9 (Everett Barnhart, Jr. and Frances Barnhart): That part of the Northwest Quarter of the Southeast Quarter of Section 29, Township 40 North, Range 9 West, described as follows: beginning at the Southwest corner of a tract heretofore conveyed by Arthur Eads and Berniece Eads to Clyde Honse, et al, in Book 77 at Page 93 of the Deed Records of Maries County, Missouri, being on the Easterly right of way line of Highway 63, and being 229 feet south of the North line of said 40, thence East 200 feet, thence Southeasterly parallel with said Highway 200 feet, thence Southwesterly at right angles to said Highway 196 feet to said Easterly right of way line of said Highway, thence Northwesterly along said right of way line 235 feet to place of beginning, 1 acre, more or less.

TRACT NO. 10 (United Methodist Church of Vienna Circuit, Missouri East Conference): That part of the Southwest Quarter of the Northeast Quarter as follows: beginning at a point on the East side of the vacated or abandoned Vienna and Richfountain Road 6.33 chains North of the South line of said forty, thence Northerly along the Easterly side of said road 125 feet, thence West 78 feet, more or less, to the Easterly side of Highway 63, thence Southerly along said highway to a point due West of Place of Beginning, thence East to beginning; ALSO: Beginning at the Southeast corner of the Southwest Quarter of the Northeast Quarter, thence North 8.83 chains, thence west 13.06 chains to the Vienna and Richfountain Road, thence South 2.50 chains, thence West 100 links to the Northeast corner of a 4-acre tract, thence South 6.33 chains to the Southeast corner of said 4-acre tract, thence East 14.06 chains to place of beginning; ALSO: That part of a 4-acre tract 140 yards square in the Southwest corner of said Southwest Quarter of the Northeast corner that lies East of Highway 63 as now located, all in Section 20, Township 40, Range 9, (except a small tract off of the North side of Tract 2 above conveyed to Lester Armer by deed recorded book 91, page 543).

The above being the same premises conveyed by Johnny Hayes to Troy Wolfe by deed recorded book 95, page 380.

TRACT NO. 11 (John Albert Viessman): All that part of the property acquired by John Albert Viessman by deed recorded May 10, 1969, in Book 96 at Page 511 of the Deed Records of Maries County, Missouri, described as follows: a fractional part of the South one-half of the Northeast Quarter of Section 20, Township 40 North, Range 9 West of the 5th P.M. described as beginning at the intersection of the North line of the property described in the said deed recorded in Book 96 at Page 511 of the Deed Records of Maries County and the East right-of-way line of U.S. Highway 63; thence proceed Southerly along the East right-of-way line of U.S. Highway 63 a distance of 240 feet, more or less, to the South property line of the property described in the said deed recorded in Book 96 at Page 511; thence proceed Easterly along the South line of the property described in said deed recorded in Book 96 at Page 511 a distance of 270 feet; thence proceed North and parallel to the East right-of-way line of U.S. Highway 63 to the North property line of the property described in the said deed recorded in Book 96 at Page 511; thence proceed Westerly along the North line of the property described in deed recorded in Book 96 at Page 511 to the East right-of-way line of U.S. Highway 63 and the point of beginning.

TRACT NO. 12 (W. E. Finn and Byrnece Finn): Starting at the NE Corner of the SE 1/4 of the NE 1/4 of S20 – T40N – R9W – 5 PM, thence S88°22’22″W 1996.54 feet along the North line of said SE 1/4 of the NE 1/4 and the North line of the SW 1/4 of the NE 1/4 to a point on the East right of way line of Highway 63, thence S14°20’09″W 85.0 feet along said right of way line to the POINT OF BEGINNING.

Thence along said right of way line S14°20’09″W 230.0 feet thence leaving said right of way line N89°44’12″E 225.2 feet, thence N10°17’16″E 230.0 feet to a rerod, thence S88°46’07″W 209.37 feet to the POINT OF BEGINNING.

The above described property is located in the SW 1/4 of the NE 1/4 of S20 – T40N – R9W – 5PM and contains 1.11 acres more or less.

The above described lot is subject to a 30.0′ building setback line parallel to the North line of said lot.

Subject to Easements and Right of ways of record, if any.

Starting at the Northeast corner of the Southeast Quarter of the Northeast Quarter of Section 20, Township 40 North, Range 9 West of the 5th P.M., thence South 88°22’22” West, 1623.0 feet along the North line of said Southeast Quarter of the Northeast Quarter and the North line of the Southwest Quarter of the Northeast Quarter to a rerod, the POINT OF BEGINNING.  Thence along said North line of said Southwest Quarter of the Northeast Quarter South 88°22’22” West, 170.0 feet, thence leaving said North line and along the existing property line South 10°17’16” West, 315.0 feet to a rerod, thence North 89°44’12” East, 169.19 feet to a pipe, thence North 10°17’16” East, 319.11 feet along the existing property line to the POINT OF BEGINNING.  The above described property is located in the Southwest Quarter of the Northeast Quarter of Section 20, Township 40 North, Range 9 West of the 5th P.M. and contains 1.2 acres, more or less.

(c) The city clerk is ordered to file three certified copies of this ordinance with the county clerk of Maries County, Missouri.

(d) This ordinance shall become effective upon

the filing of the three certified copies of this ordinance with the county clerk

of Maries County, Missouri, and to mail one certified copy of this ordinance

with a map of the area annexed by registered mail to the director of revenue

of the State of Missouri.  (Ord. 30, §§1-4.)

Sec. 1-20.  Annexation by petition, November 22, 1991.

(a) The board of aldermen of the City of Vienna, Missouri, after the aforesaid public hearing*, found that the annexation of the parcels of land is reasonable and necessary to the proper development of the City of Vienna and that the City of Vienna has the ability to furnish the normal municipal services of said city to said unincorporated area within a reasonable time after said annexation becomes effective, that the area proposed to be annexed is used by the public of the City of Vienna, that it is necessary that the City be able to impose its police power in said area and enforce its ordinances in said area for the prevention of crime and for the promotion of the general public health and welfare of the City of Vienna and its inhabitants, that the normal municipal services now furnished by the City of Vienna consist of police and fire protection and enforcement of city ordinances and water and sewer services, and that the personnel and equipment are available to provide such services immediately or within a reasonable time.

*(Held on November 5, 1991)

(b) The corporate limits of the City of Vienna, Missouri, are extended to include the following described real property situated in Maries County, Missouri:

TRACT NO. 1 (Cooper, Harker, & Cemetery):  Starting at the SE Corner of the SE1/4 of the SE1/4  of S19 – T40N – R9W, the POINT OF BEGINNING.

Thence N87° 35’W 561.0′ along the south line of said SE1/4 of the SE1/4; thence N2° 18’E 660.0′; thence S87° 35’E 564.35′ to a point on the east line of Section 19; thence N2° 35’E 1660.48′ to a point on the north side of Ball Park Road; thence along said north side of said Ball Park Road S45° 24’E 112.7′; thence S46° 48’E 853.64′; thence S48° 08’E 170.83′; thence S50° 40’E 383.93′; thence S56° 59’E 185.74′ to a point on the east line of the SW1/4 of the SW1/4 of Section 20; thence leaving said road and along the east line of said SW1/4 of the SW1/4 S3° 11’W 1259.18′ to the SE Corner of said SW1/4 of the SW1/4; thence N87° 21’W 1318.64′ along the south line of said SW1/4 of the SW1/4 to the POINT OF BEGINNING.

The above described property is located in the SE1/4 of the SE1/4 of Section 19 and in the SW1/4 of the SW1/4 and in the NW1/4 of the SW1/4 of S20 – T40N – R9W – 5PM and contains 62.1 acres more or less.

TRACT NO. 2 (Vienna Community Development Corporation): Starting at the SE Corner of the SE1/4 of the NW1/4 of S29 – T40N – R9W – 5PM, thence N88° 11’W 1380.5′ along the south line of said SE1/4 of the NW1/4 and the south line of the SW1/4 of the NW1/4 to a point on the west right of way line of Highway V, the POINT OF BEGINNING.

Thence along said south line of said SW1/4 of the NW1/4 N88° 11’W 1205.25′; thence South 599.37′; thence S38° 58’E 289.64′; thence S76° 40’E 664.92′ to a point on the west right of way line of Highway V at Station 36+86; thence northeasterly along said west right of way line to the POINT OF BEGINNING.

The above described property is located in the NW1/4 of the SW1/4 of S29 – T40N – R9W – 5PM and contains 20.0 acres more or less.

TRACT NO. 3 (South Central Livestock and Farmers Elevator Company):  A fractional part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty (30) and the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Twenty-nine (29), Township Forty (40) North, Range Nine (9) West in Maries County, Missouri and more particularly described as follows: Commencing at the Southwest corner of the East Half (E1/2) of the Northeast Quarter (NE1/4) of said Section 30; thence North 1°-29′ East, 1614.70 feet along the West line of said East Half (E1/2) of the Northeast Quarter (NE1/4) to the true point of beginning of the tract hereinafter described; thence North 1°-29′ East, 716.94 feet to the intersection of the West line of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of said Section 30 and the South right-of-way of Missouri Highway No. 42; thence North 80°-18′ East, 949.64 feet; thence 447.37 feet along the arc of a curve to the right with a radius of 2804.93 feet; thence North 89°-26′ East, 426.32 feet; thence North 0°-34′ West, 30.00 feet; thence North 89°-26′ East, 270.56 feet all along said South right-of-way of Highway No. 42; thence South 1°-23′ West, 953.60 feet; thence West, 2025.00 feet to the point of beginning.  Above tract contains 40.00 acres, more or less.

The above description taken from Survey Drawing No. S-2382 made by Robert L. Elgin, Missouri Registered Land Surveyor, No. 890.

TRACT NO. 4 (Highway 42 West): All that part of the right of way for Missouri State Highway 42 extending in a westerly direction from the present west city limit line of the City of Vienna (located approximately in the center of the intersection of Missouri State Highway 42 and Maries County Route V) and extending westerly to a point that is North 87° 35′ West, 561.0 feet from the intersection of the east line of Section 19, Township 40 North, Range 9 West of the 5th P.M. with Missouri State Highway 42.

TRACT NO. 5 (Maries County Route V):  All that part of Maries County Route V extending in a southerly direction from the intersection of Maries County Route V with Missouri State Highway 42 to Missouri Highway and Transportation Commission Station No. 36+86 which station is located 1,012.43 feet southerly along the west right of way line of Maries County Route V from the intersection of the west line of Maries County Route V with the north line of the Northwest Quarter of the Southwest Quarter of Section 29, Township 40 North, Range 9 West of the 5th P.M.

TRACT NO. 6 (Birdsong): TRACT A: A fractional part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 40 North, Range 9 West of the 5th P.M., described as follows: Commencing at the Northeast Corner of the Northwest Quarter of the Northwest Quarter of said Section 29; thence North 87°-21′ West, 200.00 feet along the Section line; thence South 2°-11′ West, 21.53 feet to the southerly right-of-way of Missouri Highway No. 42; thence North 85°-19′-30″ West, 90.90 feet along said southerly right-of-way; Thence South 2°-11’40” West, 209.61 feet to the true point of beginning of the hereinafter described tract: Thence North 85°-58′-20″ West, 105.18 feet; thence South 2°-11′-40″ West, 170.42 feet; thence South 87°-19′ East, 105.14 feet; thence North 2°-11′-40″ East, 167.95 feet to the true point of beginning.  Above described tract contains 0.41 acres, more or less, per plat of survey R-1159, dated June 4, 1986, by Elgin Surveying and Engineering, Inc.

TRACT B: A fractional part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 40 North, Range 9 West of the 5th P.M., described as follows: Commencing at the Northeast Corner of the Northwest Quarter of the Northwest Quarter of said Section 29; thence North 87°-21′ West, 200.00 feet along the Section Line; thence South 2°-11′ West, 21.53 feet to the southerly right-of-way of Missouri Highway No. 42, the true point of beginning of the hereinafter described tract: Thence North 85°-19′-30″ West, 90.90 feet along said southerly right-of-way; thence South 2°-11′-40″ West, 377.56 feet; thence South 87°-19′ East, 90.93 feet; thence North 2°-10′-30″ East, 374.41 feet to the true point of beginning.  Above described tract contains 0.78 acre, more or less, per plat of survey R-1159, dated June 4, 1986, by Elgin Surveying and Engineering, Inc. EXCEPT: The East five feet of the South 210.24 feet thereof.

Subject to easements and right-of-ways of record, if any.

TRACT NO. 7 (Welschmeyer): All that part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 40, Range 9, described as follows: Commencing at a point 6.00 chains West of the Northeast corner of the Northwest Quarter of the Northwest Quarter of Section 29, thence West 316-1/4 links to a flinstone 12x8x7″, thence South 15.81-1/4 chains to a limestone 24x14x2″, thence East 316-1/4 links to a flinstone 16x16x5″, thence North 15.81-1/4 chains to place of beginning.

Subject to easements and rights-of-way of record, if any.  (c) The city clerk is ordered to file three certified copies of this ordinance with the county clerk of Maries County, Missouri.

(d) The city clerk is directed to forward to the director of revenue of the State of Missouri by United States registered mail a certified copy of this ordinance and a map of the City of Vienna clearly showing the territory added thereto by this ordinance.

(e) This ordinance shall become effective upon

the date of filing of the three certified copies of this ordinance with the

county clerk of Maries County, Missouri, which date shall be inserted in this

ordinance in the following space:  November 22, 1991.  (Ord. 40, §§1-5)

Sec. 1-21.  Annexation by petition, February 4, 1992.

(a) The board of aldermen of the City of Vienna, Missouri, after the aforesaid public hearing*, found that the annexation of the parcel of land is reasonable and necessary to the proper development of the City of Vienna and that the City of Vienna has the ability to furnish the normal municipal services of said city to said unincorporated area within a reasonable time after said annexation becomes effective, that the area proposed to be annexed is used by the public of the City of Vienna, that it is necessary that the City be able to impose its police power in said area and enforce its ordinances in said area for the prevention of crime and for the promotion of the general public health and welfare of the City of Vienna and its inhabitants, that the normal municipal services now furnished by the City of Vienna consist of police and fire protection and enforcement of city ordinances and water and sewer services, and that the personnel and equipment are available to provide such services immediately or within a reasonable time.

*(Held on January 7, 1992)

(b) The corporate limits of the City of Vienna, Missouri, are extended to include the following described real property situated in Maries County, Missouri:

TRACT NO. 8 (Joe Weidinger): LOT 1 2.6 Acres

Starting at the NE Corner of the NW1/4 of the SE1/4 of S29 – T40N – R9W – 5PM, thence N88° 41’W 100.0′ along the North line of said NW1/4 of the SE1/4, thence S1°54’W 20.0′ to a pipe, the POINT OF BEGINNING.

Thence along the existing property line S1°54’W 711.02′ to a pipe, thence N89° 38’W 177.35′ to a pipe set on the east side of the Old Vienna & Rolla Road, thence along said road N0°42’W 175.79′, thence N1°56’E 114.07′, thence N4° 49’E 93.86′, thence N11°55’E 102.12′, thence N22°22’E 94.58′, thence N22° 46’E 152.4′ to a pipe, thence leaving said east side of said road and along the existing property line S88° 41’E 75.3′ to the POINT OF BEGINNING.

The above described property is located in the NW1/4 of the SE1/4 of S29 – T40N – R9W – 5PM and contains 2.6 acres more or less.  (c) The city clerk is ordered to file three certified copies of this ordinance with the county clerk of Maries County, Missouri.

(d) The city clerk is directed to forward to the director of revenue of the State of Missouri by United States registered mail a certified copy of this ordinance and a map of the City of Vienna clearly showing the territory added thereto by this ordinance.

(e) This ordinance shall become effective upon

the date of filing of the three certified copies of this ordinance with the

county clerk of Maries County, Missouri, which date shall be inserted in this

ordinance in the following space: February 6, 1992.  (Ord. 41, §§1-5)

Sec. 1-22.  Annexation by petition, June 17, 1993.

(a) The board of aldermen of the City of Vienna, Missouri after the aforesaid public hearing, finds that the annexation of the parcel of land is reasonable and necessary to the proper development of the City of Vienna and that the City of Vienna has the ability to furnish the normal municipal services of said city to said unincorporated area within a reasonable time after said annexation becomes effective, that the area proposed to be annexed is used by the public of the City of Vienna, that it is necessary that the City be able to impose its police power in said area and enforce its ordinances in said area for the prevention of crime and for the promotion of the general public health and welfare of the City of Vienna and its inhabitants, that the normal municipal services now furnished by the City of Vienna consist of police and fire protection and enforcement of city ordinances and electric, water and sewer services, and that the personnel and equipment are available to provide such services immediately or within a reasonable time.

(b) The corporate limits of the City of Vienna, Missouri, are extended to include the following described real property situated in Maries County, Missouri:

That part of the South Half (S 1/2) of the Northeast Quarter (NE 1/4) of Section Twenty (20), Township Forty (40), Range Nine (9) described as follows: Beginning at a point on the Easterly right-of-way line of Highway 63, 315 feet South of where the North line of said subdivision intersects the East line of said highway, thence East along the South line of said Finn tract 224 feet or to the Southeast Corner thereof, thence South 194 feet, thence West to said East line of said highway, thence Northerly along said highway to place of beginning, one (1.0) acre, more or less.

Subject to easements and right-of-ways of record if any.

(c) The city clerk is ordered to file three certified copies of this ordinance with the county clerk of Maries County, Missouri.

(d) The city clerk is directed to forward to the director of revenue of the State of Missouri by United States registered mail or certified mail a certified copy of this ordinance and a map of the City of Vienna clearly showing the territory added thereto by this ordinance.

(e) This ordinance shall become effective upon

the date of filing of the three certified copies of this ordinance with the

county clerk of Maries County, Missouri, which date shall be inserted in this

ordinance in the following space : June 17, 1993.  (Ord. 51)

Sec. 1-23.  Annexation by petition, January 15, 1999.

(a) The board of aldermen of the City of Vienna, Missouri after the aforesaid public hearing, finds that the annexation of the parcel of land is reasonable and necessary to the proper development of the City of Vienna and that the City of Vienna has the ability to furnish the normal municipal services of said city to said unincorporated area within a reasonable time after said annexation becomes effective, that the area proposed to be annexed is used by the public of the City of Vienna, that it is necessary that the City be able to impose its police power in said area and enforce its ordinances in said area for the prevention of crime and for the promotion of the general public health and welfare of the City of Vienna and its inhabitants, that the normal municipal services now furnished by the City of Vienna consist of police and fire protection and enforcement of city ordinances and electric, water and sewer services, and that the personnel and equipment are available to provide such services immediately or within a reasonable time.

(b) The corporate limits of the City of Vienna, Missouri, are extended to include the following described real property situated in Maries County, Missouri:

Starting at the NE Corner of the NW 1/4 of the SE 1/4 of S20 – T40N – R9W – 5PM, The Point of Beginning.

Thence S1° 30’W 303.5′ along the west line of said NW 1/4 of the SE 1/4 to a rerod, thence along the existing property line S75° 50’E 137.04′ to a rerod set on the west right of way of Highway 63, thence along said right of way line N17° 08’E 782.49′ to a rerod, thence leaving said right of way line N88° 30’W 344.57′ to a rerod, thence S1° 30’W 420.0′ to the Point of Beginning.

The described property is located in the NE 1/4 of the SE 1/4 and in the SW 1/4 of the NE 1/4 of S20 – T40N – R9W – 5PM and contains 4.0 acres more or less except that part which is already in the city limits of Vienna.

(c) The city clerk is ordered to file three certified copies of this ordinance with the county clerk of Maries County, Missouri.

(d) The city clerk is directed to forward to the director of revenue of the State of Missouri by United States registered mail or certified mail a certified copy of this ordinance and a map of the City of Vienna clearly showing the territory added thereto by this ordinance.

(e) This ordinance shall become effective upon

the date of filing of the three certified copies of this ordinance with the

county clerk of Maries County, Missouri, which date shall be inserted in this

ordinance in the following space: January 15, 1999.  (Ord. 90, §§1-5)

Sec. 1-24.  Annexation by petition, August 2, 2004.

(a) The Board of Aldermen of the City of Vienna, Missouri, after the aforesaid public hearing, finds that the annexation of the parcel of land is reasonable and necessary to the proper development of the City of Vienna and that the City of Vienna has the ability to furnish the normal municipal services of said City to said unincorporated area within a reasonable time after said annexation becomes effective, that the area proposed to be annexed is used by the public of the City of Vienna, that it is necessary that the City be able to impose its police power in said area and enforce its ordinances in said area for the prevention of crime and for the promotion of the general public health and welfare of the City of Vienna and its inhabitants, that the normal municipal services now furnished by the City of Vienna consist of police and fire protection and enforcement of City ordinances and electric, water and sewer services, and that the personnel and equipment are available to provide such services immediately or within a reasonable time.

(b) The corporate limits of the City of Vienna, Missouri, are extended to include the following described real property situated in Maries County, Missouri:

That part of the Northwest Quarter of the Northwest Quarter of Section Twenty-nine (29), Township Forty (40) North, Range Nine (9) West of the 5th P.M., described as: Beginning at a point on the South side of Highway 42 6.00 chains West of the Northeast corner of said forty (and being the Northwest corner of a tract acquired by Henry Hutchison and wife by deed recorded book 91, page 497), thence South 210 feet, thence East 105 feet, thence North to said highway, thence West along said highway to place of beginning, 0.50 acre, more or less. EXCEPT: Commencing at the Northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 29; thence North 87° 21′ West, 200.0 feet along the North line of said quarter quarter; thence South 2° 11′ West, 21.53 feet to the South right of way of Missouri Highway No. 42, to the true point of beginning of the tract hereinafter described; thence continuing South 2° 11′ West, 164.47 feet; thence South 87° 21′ East, 100 feet; thence South 2° 11′ West, 194.0 feet; thence South 87° 21′ East, 97.30 feet; thence South 2° 11′ West, 16.0 feet; thence North 87° 21′ West, 97.30 feet; thence North 87° 21′ West, 296.00 feet; thence North 2° 11′ East, 170.52 feet; thence South 85° 41′ 30″ East, 105.07 feet; thence North 2° 11′ East, 210.00 feet; thence South 85° 27′ 30″ East, 91.07 feet along the South right-of-way line of Missouri Highway No. 42 to the point of beginning of this description. All in Maries County, Missouri.

(c) The City Clerk is ordered to file three certified copies of this ordinance with the County Clerk of Maries County, Missouri.

(d) The City Clerk is directed to forward to the Director of Revenue of the State of Missouri by United States registered mail or certified mail a certified copy of this ordinance and a map of the City of Vienna clearly showing the territory added thereto by this ordinance.

(e) This ordinance shall become effective upon the date of filing of (3) certified copies of this ordinance with the County Clerk of Maries County, Missouri, which date shall be inserted in this ordinance in the following space: 8/13. 2004. (Ord. 125, §§1-5)

Sec. 1-25.  Annexation by petition, July 11, 2011.
(a) The Board of Aldermen of the City of Vienna, Missouri, after the aforesaid public hearing, finds that the annexation of the parcel of land is reasonable and necessary to the proper development of the City of Vienna and that the City of Vienna has the ability to furnish the normal municipal services of said City to said unincorporated area within a reasonable time after annexation becomes effective, that the area proposed to be annexed is used by the public of the City of Vienna, that it is necessary that the City be able to impose its police power in said area and enforce its ordinances in said area for the prevention of crime and for the promotion of the general public health and welfare of the City of Vienna and its inhabitants, that the normal municipal services now furnished by the City of Vienna consist of police and fire protection and enforcement of City ordinances and water and sewer services, and that the personnel and equipment are available to provide such services immediately or within a reasonable time at a potential cost to the property owner. (b) The corporate limits of the City of Vienna, Missouri, are extended to include the following described real property situated in Maries County, Missouri:

  A part of the NW ¼ of the SE ¼ of Section 29, Township 40 North, Range 9 West described as Commencing at an existing ½” rebar at the southwest corner of said NW ¼ of the SE ¼; thence along the south line of said NW ¼ of the SE ¼, South 89° 25′ 05″ East, 191.16 feet to a 5/8″ rebar and the POINT OF BEGINNING: thence North 00° 34′ 55″ East, 200.00 feet to a 5/8″ rebar; thence South 89° 25′ 05″ East, 300.00 feet to a 5/8″ rebar on the west right-of-way line of US Highway 63; thence along said west right-of-way line, South 08° 38′ 16″ East, 202.62 feet to an existing ½” rebar on the south line of said NW ¼ of the SE ¼; thence along the south line of said NW ¼ of the SE ¼, North 89° 25′ 05″ West, 332.46 feet to the point of beginning, containing 1.45 acres, more or less, as shown by Survey No. 10151, dated January 3, 2010 by Riggs & Associates, Inc.
(c) The City Clerk is ordered to file three certified copies of this ordinance with the County Clerk of Maries County, Missouri.
(d) The City Clerk is directed to forward to the Director of Revenue of the State of Missouri by United States certified mail a certified copy of this ordinance and maps of the City of Vienna clearly showing the territory added thereto by this ordinance.

This ordinance shall be in full force and take effect from and after the date of this passage and approval. (Ord. 175)
Sec. 1-26.  Reserved.