AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2023 AND ENDING DECEMBER 31, 2023 AND APPROPRIATING FUNDS THERETO FOR THE CITY OF RICH HILL, MISSOURI

WHEREAS, the Mayor has presented to the Board of Aldermen an annual budget for the fiscal year beginning on January 1, 2023, and required public hearings on the budget have been conducted at which all were given opportunity to be heard.

NOW, THEREFORE, BE IT ORDAINED by the Board of Alderman of the City of Rich Hill, Missouri as follows:

Section 1:  The annual budget for the City of Rich Hill, Missouri, for the fiscal year beginning January 1, 2023 and ending December 31, 2023, a copy of which is attached hereto and made a part hereof as is fully set forth herein, having been heretofore submitted by the City Clerk is hereby adopted. 

            Section 2:  Funds are hereby appropriated for the objects and purposes of expenditures set forth in said budget.

            Section 3:  This ordinance shall be in full force and effect from and after its passage by the Board of Aldermen.

Read 1st time this 28^th day of             December 2022.

Read 2^nd time this 28^th day of              December 2022.

_________________________________                                                                

Nathan Kassner, Mayor                                   

Attest:

_________________________________

Casey Crews, City Clerk

Ayes:

Nays:

Absent:

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI IMPOSING A LOCAL SALES TAX FOR GENERAL REVENUE PURPOSES AT THE RATE OF THREE PERCENT (3%) PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XIV, SECTION 2.6(5) OF THE MISSOURI CONSTITUTION AND PROVIDING FOR SUBMISSION OF THE PROPOSAL TO THE QUALIFIED VOTERS OF THE CITY FOR APPROVAL AT AN ELECTION TO BE HELD ON THE 4^TH DAY OF APRIL, 2023.

WHEREAS, the City of Rich Hill (“City”) is authorized by Article XIV, Section 2.6(5) of the Missouri Constitution to impose a local sales tax at a rate of Three Percent (3%); and

WHEREAS, this proposed local sales tax levy, if approved by the voters, shall be imposed on all retail sales of adult use marijuana sold in the City of Rich Hill; and

WHEREAS, the proposed sales tax levy requires a majority approval by the qualified voters of the City at an election,

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

SECTION 1. Pursuant to the authority granted by Article XIV, Section 2.6(5) of the Missouri Constitution a local city sales tax of Three Percent (3%) for general revenue purposes is imposed on the receipts from the sale of adult use marijuana sold at retail within the City’s corporate boundaries.

SECTION 2. This tax shall be submitted to the qualified voters of Rich Hill, Missouri, for their approval, as required by the provisions of Article XIV, Section 2.6(5) of the Missouri Constitution, at the election hereby called and to be held on Tuesday, the 4^th day of April, 2023. The ballot of submission shall contain the following language:

Proposition A

Shall the City of Rich Hill, Missouri impose a
city sales tax of Three Percent (3%)
on the sales of adult use marijuana sold at retail?

• ¨ YES

If you are in favor of the question, place an “X” in the box opposite “YES”.  If you are opposed to the question, place an “X” in the box opposite “NO”.

SECTION 3. The Mayor and City Clerk shall prepare and execute the form of the Notice of said Election and shall transmit the same to the Election Authority for the City of Rich Hill, Missouri, and request said election to be conducted by law.

SECTION 4.  If a majority of the qualified voters voting at said election shall vote in favor of the approval of this ordinance, then the sales tax approved by the voters shall be in full force and effect on April 4, 2023, and the City Clerk shall 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, together with the certificates of the election returns and accompanied by a map of the City clearly showing the boundaries, thereof.

SECTION 5. If any section, subsection, sentence clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, as such holding shall not affect the validity of the remaining portion thereof.

SECTION 6. This tax shall be collected in addition to any other sales taxes imposed by the City and shall not replace or repeal any other sales tax.

SECTION 7. This ordinance shall be in full force and effect from and after its passage and approval subject to the provisions herein contained which provide for voter approval or for specific dates of effectiveness.

READ TWICE, PASSED AND APPROVED this 28th day of December, 2022.

                                                                                                                 _____________________________

                                                                                                Nathan Kassner, Mayor

ATTEST:

_____________________________

Casey Crews, City Clerk

AN ORDINANCE TO ESTABLISH A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN OFFICIALS

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

SECTION 1:   The proper operation of government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office shall not be used for personal gain; and that the public have confidence in the integrity of its government.  In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city.

SECTION 2:  

a. All elected and appointed officials as well as employees of a political subdivision, serving in an executive or administrative capacity, must comply with Section 105.454 RSMo on conflicts of interest as well as any other state law governing official conduct.

b. Any member of a governing body of a political subdivision who has a “substantial or private interest” in any measure, bill, order, or ordinance proposed or pending before such governing body must, before he passes on the measure, bill, order, or ordinance, disclose in writing that interest to the clerk of such body and such disclosure shall be recorded in the appropriate journal of the governing body.  Substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of: (1) 10% or more of any business entity; or (2) an interest having a value of $10,000.00 or more; or (3) the receipt of a salary, gratuity or other compensation or re-numeration of $5,000.00 or more, per year, from any individual, partnership, organization or association within any calendar year.

SECTION 3:   Each elected official, the chief administrative officer, the chief purchasing officer, and the full time general counsel shall disclose, in writing, the following information by May 1, with deadline procedures set forth below in SECTION 4, if any such transactions occurred during the previous calendar year:

a.  For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of $500.00, if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision.

b.  The date and the identities of the parties to each transaction known to the person with a total value in excess of $500.00, if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other transfers for no consideration to the political subdivision.

c.   The chief administrative officer and the chief purchasing officer also shall disclose by May 1 for the previous calendar year the following information:

1.  The name and address of each of the employers of such person from whom income of $1,000.00 or more was received during the year covered by the statement;

2.  The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned 10% or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned 2% or more of any class of outstanding stock, limited partnership units, or other equity interests;

3.  The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.

SECTION 4: 

a. The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year.

1. Every person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided, that any member of the city council may supplement the financial interest statement to report additional interest acquired after December 31 of the covered year until the date of filing of the financial interest statement;

2. Each person appointed to office shall file the statement within 30 days of such appointment or employment

3. For purposes of timely filing, the deadline for filing any statement required by this ordinance shall be 5:00 P.M. of the last day designated for filing the statement.  When the last day of filing, falls on a Saturday or Sunday or an official state holiday, the deadline for filing is extended to 5:00 P.M. on the next day which is not a Saturday or Sunday or official holiday.  Any statement required within a specified time shall be deemed to be timely filed if it is postmarked not later than midnight of the day previous to the last day designated for filing the statement.

b.     Financial interest statements giving the financial information required in SECTION 3 shall be filed with the City Clerk of Rich Hill, Missouri, and with the Secretary of State prior to January 1^st.  After January 1^st, reports shall be filed with the City Clerk of Rich Hill, Missouri, and the Missouri Ethics Commission.  The reports shall be available for public inspection and copying during normal business hours.

SECTION 5:   All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed, provided however, that this ordinance shall not affect any acts or the prosecution of any acts which may have occurred prior to the date of this ordinance.

SECTION 6:   The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.

SECTION 7:   This ordinance shall be in full force and effect from and after its passage and approval as provided by law.

1^ST READING 21^ST DAY OF SEPTEMBER 2022

2^ND READING 21^ST DAY OF SEPTEMBER 2022

PASSED THIS 21^ST DAY OF SEPTEMBER 2022

__________________________________

Nathan Kassner, Mayor

ATTEST:                                                        Ayes:

                                                                        Nays:

___________________________

Casey Crews, City Clerk                   

CERTIFICATION BY THE CLERK

STATE OF MISSOURI    )

) AS

COUNTY OF BATES       )

I, Casey Crews, City Clerk of the CITY OF RICH HILL, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for is a true and correct copy of the Ordinance No. duly adopted by the Board of Alderman of the CITY OF RICH HILL, Missouri at their regular meeting on the 21^st day OF SEPTEMBER 2022.

IN WITNESS WHEREOF, I hereby set my hand and affix the seal of the said City at my office in Rich Hill, Missouri.

___________________________________________________

Casey Crews, City Clerk of City of Rich Hill, Missouri

AN ORDINANCE LEVYING GENERAL, PARKS AND RECREATION, LIBRARY, AND HEALTH TAXES IN THE CITY OF RICH HILL, FOR THE TAX YEAR 2022

_____________________________________________________________________________________

BE IT ORDAINED, BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI, THAT:

Section 1:         That for the support of the government of the City of Rich Hill, Missouri, and to meet the contractual obligations of said City, for the tax year 2021, general, parks and recreation, library, and health taxes are hereby levied on all property subject to taxation within the corporate limits of the City of Rich Hill, Missouri, as follows: 

1. For General purposes:                           0.6183 on the $100.00 valuation.
2. For Parks and Recreation purposes:        0.2494 on the $100.00 valuation.
3. For support of the Rich Hill Library:      0.2131 on the $100.00 valuation.
4. For Health purposes:                             0.1296 on the $100.00 valuation.

Section 2:         This Ordinance imposing a Tax Levy on Personal Property and Real Estate shall be in full force and effect from and after its date of passage.

READ two times and PASSED by the Board of Aldermen of the City of Rich Hill, Missouri, and APPROVED by the Mayor of Rich Hill, this 10^th  day of August, 2022.

__________________________                                                           

Nathan Kassner, Mayor

ATTEST:                                                                      Ayes: Bonham, Rich, Entrikin

                                                                                    Nays: None

__________________________

Casey Crews, City Clerk

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING THE USE OF THE CEMETERY AND CHARGES FOR GRAVE SITES AND BURIALS IN

GREENLAWN CEMETERY

______________________________________________________________________________

Be it ordained by the Board of Alderman of the City of Rich Hill, Missouri as follows:

ARTICLE 1- GENERAL PROVISIONS

The City of Rich Hill will be the managing authority for the Greenlawn Cemetery. All administrative matters pertaining to the operation of Greenlawn Cemetery shall be under the direction of the City Clerk or delegate. The City of Rich Hill will maintain all appropriate records of purchases, deeds, maps, and contracts. The City of Rich Hill or its authorized representative shall provide continuing care, maintenance, operation, and improvement to Greenlawn Cemetery. Cemetery care does not include the purchase, erection, repair, or replacement of monuments, headstones, markers, or any other item on a space. Only the City of Rich Hill shall open or close any gravesites.

SECTION 1 – Visitors

a.          Greenlawn Cemetery shall be open to visitors from 8:00 a.m. to 30 minutes prior to sunset.

b.          All visitors shall respect the solemnity and beauty of the cemetery and strictly observe the rules established by the City to secure quiet and good order at all times within the cemetery.

c.          Children under the age of sixteen (16) years of age shall not be permitted within the Cemetery unless they are accompanied by one or more adults who are responsible for them or have permissions from parents and guardians to visit the Cemetery.

d.          No animals shall be allowed in the cemetery except service animals that are trained to perform tasks for people with disabilities.

SECTION 2 – Traffic Rules

a.         No person or vehicle shall enter the cemetery except through entrances maintained for the public without permission from the Sexton.

b.         There shall be no driving over the graves or upon the lawns under any pretense whatsoever except for normal maintenance and operation of the cemetery.

c.         Any driver who drives any vehicle upon the lawns, across gutters or anywhere else where damage results, shall make good such damages.

d.         The sounding of horns, sirens or other audible signals within the cemetery shall be prohibited except in connection with a funeral service.

e.         Vehicles shall not make U-turns upon roads but shall instead drive around the section.

f.          Speed limit shall be 10 MPH.

SECTION 3 – Detrimental trees or shrubs etc.

If any trees or shrubs situated on any grave shall, by means of their roots, branches or otherwise, become detrimental to the adjacent lots, avenues or streets or dangerous or inconvenient to passengers, the City shall remove such trees, shrubs or parts thereof that are detrimental or dangerous or make access to the grave site inconvenient.  Effective November 13, 2007, no one except authorized employees of the City shall plant trees, shrubs, flowering plants or other vegetation in the cemetery. 

SECTION 4 – Donations

All donations or bequests made for the cemetery shall be deposited in the City’s Cemetery Fund. The funds received shall be used for maintenance and upkeep of the cemetery.

SECTION 5 – Approval for special projects, improvements, and construction

Any and all improvements, construction, beautification projects, road construction or changes in roads, or any other changes or additions made in Greenlawn Cemetery shall be approved by the Board of Aldermen prior to such installation, erection, construction or alteration.

SECTION 6 – Heirs

Upon the death or judicially declared incompetency of a plot owner, it is the duty of the heirs, devisees, or guardian to file with the cemetery management legally accepted proof of their right to use the plot. Burial on a plot may not be permitted until such proof is presented.

ARTICLE 2 – INTERMENT

SECTION 1 – Mausoleums

Any form of burial that leaves the remains above ground level shall be prohibited except when a mausoleum is in existence as of May 9, 2000.

SECTION 2 – Grave Space Costs

a.         The spaces in Greenlawn Cemetery shall cost the amount listed in the City Fee Schedule. The cost shall be paid in full before a deed is issued. 

b.         The City Clerk shall issue a Greenlawn Cemetery Deed showing the location of the grave site, and said each deed shall be signed by the Mayor.

c.         The City may utilize payment plans to purchase cemetery spaces but the cost shall be paid in full before it may be used for a burial.  The purchaser must sign a written agreement.  A 5% fee shall be assessed on all payment plans.  The duration of payment plans shall be as follows: 

                                                1 grave space                6 months

                                                2 graves spaces           12 months

                                                3 graves spaces           18 months

                                                4 graves spaces           24 months

            If the payment plan is not paid in full by the end of the agreement, the City shall refund any money paid except the 5% fee and a handling charge of, in an amount listed in the City Fee Schedule. 

SECTION 3 – Perpetual Care

a.         After October 28, 2008, an amount, as listed in the City Fee Schedule, shall be charged per grave space for perpetual care, which shall be paid at the time of the sale of the space.

b.         Deeds shall not be issued until perpetual care is paid.

c.         The principal of the Perpetual Care Fund shall not be used for any purpose whatsoever, and no money shall be transferred out of the Perpetual Care Fund except for the purpose of being invested.   The interest income derived from the Perpetual Care Fund shall be used for the preservation, care, upkeep, and adornment of Greenlawn Cemetery.

SECTION 4 – Regulation of Interments

a.         There shall be only 1 interment per grave space unless a written request for cremated remains to be buried upon another interment or for a double burial is approved by the Mayor and the Sexton.

b.         To maintain uniformity, the arrangement and location of graves upon a lot shall be determined by the City.

c.         All interments shall be authorized by the City Clerk.

d.         Two working days’ notice is required for the preparation of a grave except in an emergency.

e.         Interments shall not occur before 10:00 a.m. or after 4:00 p.m.

f.          All standard interments shall incorporate the use of a casket and a concrete grave liner with lid in which the casket shall be placed.

g.         Cremated or infant interments shall incorporate the use of a container approved by the City.

h.         The scattering of cremated remains shall not be permitted.

SECTION 5 – Regulation of Disinterment

a.         Disinterment shall occur only with written permission in writing obtained from the Mayor, in accordance with state law and upon a notarized written consent or request by:

            1)         The purchaser of the grave space; or

            2)         The surviving heir or heirs of a deceased purchaser; or

            3)         An appropriate court order.

b.         The disinterment fee shall be an amount as listed in the City Fee Schedule.

c.         No disinterment shall occur until the costs herein specified have been paid in full. 

d.         The costs to remove the vault shall be paid to the vault company. 

SECTION 6 – Interment Fees

a.         The cost of opening and closing a grave shall be as follows:

Vault or box, weekday                       see City Fee Schedule

Saturdays                                            see City Fee Schedule

Sundays & Holidays                           see City Fee Schedule

Cremated remains, weekday               see City Fee Schedule

Weekends & Holidays                        see City Fee Schedule

Infant remains, weekday                     see City Fee Schedule

Weekends & Holidays                        see City Fee Schedule

b.         The cost of special requests for closing of graves after 4:00 p.m. on any day of the week shall be the same as for Sundays and holidays.            

c.         No interment shall be performed until the specified costs have been paid in full.

d.         Approved double burials fees shall be an additional fee, as listed in the City Fee Schedule for the burial that is double deep.  If the second burial does not occur at the same time as the first burial, the specified opening and closing costs shall be paid at the time of the second burial. 

SECTION 7 – Funeral Directors’ Responsibilities

Funeral directors will be held responsible for the actions of all vehicles drivers or others employed by them while within the grounds of the cemetery. The funeral director will be held responsible for all vehicles in a funeral procession. All vehicle and traffic regulations must be observed. The funeral director must ensure that vehicles are parked properly for a burial service. If a funeral director is not used, the person making funeral arrangements will be held responsible for the interment service.

SECTION 8 – Grave opening and closing

Only the City of Rich Hill or it’s authorized representative may open a grave in Greenlawn Cemetery. All interments and disinterment’s shall be done under the supervision of the Sexton or his authorized designee in conformance with all applicable health laws. All graves must be closed immediately following the burial ritual. The City of Rich Hill or it’s authorized representative will close all graves.

SECTION 9 – Funeral Service Equipment

Any tents, chairs, lowering devices or other temporary items used for a burial service must be removed within 24 hours after the funeral service by the rightful owner of such items.

 

ARTICLE 3 – GRAVES

SECTION 1 – Placement and location of foundations, monuments, etc. and permit fees    

a.         No person shall set or place any foundation, monument, memorial, stone or marker of any sort, including any Veteran’s marker, within Greenlawn Cemetery without first obtaining a permit from the City Clerk.  This fee shall be an amount as listed in the City Fee Schedule.  Additionally, that person must own the lot in the cemetery, or be the surviving heir or heirs of a deceased purchaser at the time of placement. If an agreement cannot be reached the Mayor shall decide.

b.         The Sexton shall be present when any work is performed to ensure compliance with the provisions of this Article. 

c.         Effective November 13, 2007, the City shall only permit the placement of head stones in the cemetery.  Any bench, foot marker, etc. placed before November 13, 2007, shall be permitted to remain in the cemetery as long as the bench, foot marker, etc. is attached to the ground. 

d.         The City is not responsible for theft or damage to any personal property, including artifacts, personal effects, etc., placed on or near interment spaces or elsewhere in the Cemetery. This includes headstones and markers, which are owned by the family members. Repair to headstones and markers are the responsibility of the family.

SECTION 2 – Concrete foundations required; depth.

Each monument, stone or marker placed within Greenlawn Cemetery shall be set                       or placed on top of a concrete foundation no less than 24 inches deep.  Monuments, stone or markers shall be set upon the concrete foundations only after the concrete has set up.  Placement of a marble or granite pad under any monument, stone or marker within Greenlawn Cemetery shall be permitted provided placement is in compliance with all other provisions of this Ordinance.

SECTION 3 – Continuous Aprons

No fencing, railing, curbing, or material or whatsoever kind or nature shall be placed surrounding any monument, stone or marker placed in Greenlawn Cemetery. All aprons placed before June 8, 2022 are permitted to remain in the cemetery providing it does not interfere with the maintenance and upkeep of the cemetery.

SECTION 4 – Use of grave for burial or memorial

The grave spaces in Greenlawn Cemetery shall be sold only for burying human remains or for establishing memorials to deceased human beings. All plots shall be sold in increments of one plot or more upon completion of an application in the form attached. Plots are sold for no purpose other than for the burial of human remains without regard to race, color, national origin, gender, or religion.

SECTION 5 – Transfer of Grave Sites

The grave site owner shall not sell or convey any grave spaces in the cemetery without first         submitting a notarized statement giving written consent for the transfer to the City Clerk.  All transfers shall be made through the City Clerk who shall issue a new deed.  The cost of the transfer shall be an amount as listed in the City Fee Schedule. If the owner of the grave space is deceased, the surviving heir or heirs shall submit a notarized statement giving written consent for the transfer to the City Clerk and the request shall be approved by the Mayor.

SECTION 6 – Ornamentation of graves

a.         The City shall retain control and supervision of all grave spaces that are sold; and the City shall retain the right to have its Sexton enter upon any grave to prohibit, modify or remove any structure, object, improvement, or adornment of any such structure, object, improvement, or adornment that may interfere with the maintenance and upkeep of the cemetery.

b.         The use of glass containers on or around the graves in Greenlawn Cemetery shall be expressly prohibited and shall be removed if placed upon the grave.

c.         All grave decorations or mementos shall be removed by the Sexton if the decoration or a memento interferes with the maintenance or upkeep of the cemetery. Exceptions are as follows:

            1)         Permanent vases attached to the stone or foundation;

2)         Everything on the stone until the stone or the attachment to the stone has deteriorated; the Sexton shall determine deterioration; and

            3)         Shepherd hooks as long as they are as close to the head stone as possible.

d.         Decorative rock, wood chips, landscape timber, and boarders will be prohibited and will be removed at the owner’s expense.

e.         If any monument, effigy, or other structure placed upon any Grave Side shall be determined by the Sexton to be indecent, profane, pornographic, or otherwise offensive to the Greenlawn Cemetery, it shall be removed by the City at the owner’s expense to the extent practical.  

f.          All grave decorations or floral arrangements, real or artificial, will be allowed until such time as they become faded, worn, weathered, or otherwise become unsightly, a source of litter or a maintenance problem and may be removed by the cemetery Sexton or his designee.    

g.         Flowers or decorations must remain on the headstone only and must not be placed on or in the grass.

ARTICLE 4 – City and Sexton duties

SECTION 1 – Duties of the City and Sexton

City and the Sexton shall lay out all grave sites in Greenlawn Cemetery and shall perform such other duties and work as directed by the Board of Aldermen; all burials shall be subject to their supervision.

 

SECTION 2- Workmen subject to control of the City and Sexton

All workmen employed in the construction of vaults, erecting monuments or other similar activities shall be subject to the control and direction of the City or Sexton.

ARTICLE 5 – Liability

1. Damage – With respect to the Cemetery, the City shall not be held responsible for any damages caused by the elements, acts of God, common enemies, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or the other of any military or civil authority, whether the damages be direct or collateral.
2. Volunteers – All volunteers or committee members working in the Cemetery shall be fully responsible for any damage done by them or their agents. Upon completing their work, all tools, equipment, and debris from the Cemetery must be immediately removed. All damages that may be done will need to be fixed at the Cemetery Grounds.
3. Administrative liability – No officer, agent or employee of the City or the Board of Aldermen shall be rendered liable for any damage that may occur to any person as a result of any act, decision or other consequence or occurrence arising out of the discharge of their duties and responsibilities pursuant to this Ordinance.

All ordinances or parts of ordinances or policies in conflict with this ordinance are hereby repealed.

This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]

1^ST READING: 13^th day of July 2022

2^ND READING: 13^th day of July 2022

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF JULY 2022

______________________________                                   

Nathan Kassner, Mayor

ATTEST:                                                                                           

______________________________                                   

Casey Crews, City Clerk

Ayes:  Bonham, Rich, Entrikin

Nays:  None

---

[i]  For informational purposes, this Ordinance repeals and replaces the following:   Ordiannce 1698, enacted January 8^th, 2020; Ordinance 1679, enacted December 12^th, 2018; which replaced Ordinance 1665, enacted December 12, 2017; which replaced Ordinance 1644, enacted March 28, 2017, which replaced Ordinance No. 1376, enacted December 12, 2012.

EXHIBIT A

AGREEMENT FOR PURCHASE OF CEMETERY INTERMENT RIGHTS

This Agreement is made this ___________ day of _________________, ___________, by and between the City of Rich Hill “Seller” and ____________________________________________________________________________

“Purchaser” of _________________________________________________________________________________

                              Street                                                                 City                       State                    Zip                              

Purchaser Telephone Number (__________) _________________________________________________________

WITNESSETH THAT: Seller agrees to sell and Purchaser agrees to buy Interment Rights in the following lots in Greenlawn Cemetery:

Section _________________          Lot ___________________             Space(s) __________________________

INTERMENT RIGHTS

Number of Plots __________ at $_____________ per lot = $__________________________

PERPETCUAL CARE

Number of Plots __________ at $_____________ per lot = $__________________________

1. Total Price $____________________
2. Down Payment $________________
3. Unpaid Balance $________________

Your payment schedule is as follows:

Number of Payments	Amount of Payments	Monthly Payments Begin

1. For value received, the undersigned Purchaser, jointly and severally if more than one, promises to pay to the order of Sellar, at its address shown above the amount identified above as the Total price in accordance with payment schedule set out above.
2. Seller will retain title to said Interment Rights until the Total Price has been paid by Purchaser to Seller. Seller shall at all times remain the owner of the real property.
3. Purchaser agrees that all rights conveyed under this Agreement are subject to, and Purchaser agrees to always comply with, the Ordinance set in place by the Board of Aldermen, which is available for examination in Seller’s office, as they presently exist or may be hereafter altered, amended or adopted.
4. A charge for opening and closing the interment space is not included in the total price set forth herein and will be assessed at the time such service is requested.
5. Upon payment of the total price by the Purchaser, the Seller agrees to convey the above-described Interment Rights by issuance of a Deed to the designated person(s).

BY SIGNING THIS AGREEMENT, THE PUCHASER CONFIRMS THAT HE OR SHE HAS READ, UNDERSTANDS AND AGREES TO ALL TERMS OF THIS AGREEMENT AND THAT HE OR SHE HAS RELIED ON NO VERBAL REPRESENTATION OF SELLER. PURCHASER DELCARES THAT THE INFORMATION PURCHASER HAS GIVEN ON THIS FORM IS TRUE AND CORRECT. PURCHASER WILL BE RESPONSIBLE FOR PAYING ALL FEES SET BY THE BOARD OF ALDERMEN IN CONSIDERATION OF BEING GRANTED THE RIGHT OF INTERMENT IN THE ABOVE PLOTS(S) LOCATED IN THE GREEN LAWN CEMETERY. PURCHASER FUTHER DECLARES THAT PURCHASER HAS BEEN GIVE A COMPLETE AND ACCURATE COPY OF THE CITY ORDINANCE AND HEREIN AGREES TO ABIDE BY THEM. PUCHASER ACKNOWLEDGES THAT PURCHASER HAS RECEIVED A COPY OF THIS APPLICATION AS A RECEIPT OF PURCHASE.

DATE                                                                                 __________________________________________ 

                                                                                          Signature of Purchaser

APPROVED BY: ____________________________     DATE: ______________________________________

[1]  For informational purposes, this Ordinance repeals and replaces the following:   Ordiannce 1698, enacted January 8^th, 2020; Ordinance 1679, enacted December 12^th, 2018; which replaced Ordinance 1665, enacted December 12, 2017; which replaced Ordinance 1644, enacted March 28, 2017, which replaced Ordinance No. 1376, enacted December 12, 2012.