AN ORDINANCE TO DEFINE ABANDONED PROPERTY AND JUNK; GENERAL REQUIREMENTS; ABATEMENTAND PENALTY

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BE IT ORDAINED, by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

ABANDONED PROPERTY AND JUNK

 Section 1 – Definitions

Section  2 – Prohibitions and penalty.

Section  3 – Towing of abandoned property on public real property.

Section 4 – Towing of abandoned property on private real property authorized by Police Department.

Section 5- Towing of abandoned property authorized by owner, lessee of property or security manager without police authorization; requirements of owner, lessee, property or security manager; requirements of tow companies; requirements of city police department.

Section 6 – Crime inquiry and inspection report.

Section 7 – Notice to owner and lienholder.

Section 8 – City liability.

Section 9 – Real property owner liability.

Section 10 – Tow company liability.

Section 11 – Maximum charges; penalty.

Section 12 – Payment of charges by owner.

Section 13 – Reclaiming property.

Section 14 – Lienholder repossession.

Section 15 -Towing and storage liens; notice to owner and lienholder of abandoned property; search of abandoned property; application for title; compliance with state law.

Section 16 – Hearing.

Section 17 – Sale of abandoned property by City.

SECTION 1 – Definitions

Abandoned Property:   Any unattended motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property as provided in this Ordinance and pursuant to Missouri Revised Statutes §§ 304.155 and 304.157, whether or not operational.  Any vehicle towed from the scene of an accident and not retrieved by the vehicle’s owner within 5 days of the accident.

Chief of Police:  Shall include his authorized representative

City Superintendent:  Shall include his authorized representative

Nuisance:  Includes, but is not limited to, the following:

A. Any abandoned property, part thereof or junk located on any property, street or highway that represents a public safety hazard or harbors tall grass, weeds or other vegetation, or creates a fire hazard or affords a breeding place or meeting place for mosquitoes, flies, rodents, rats or other vermin; or any abandoned property, part thereof, or junk allowed to remain unmoved on any street or highway for 48 hours.

B. Any act done or committed, or suffered to be done or committed by any person or any substance or thing kept, maintained, placed or found in or upon any public or private place within the City that is injurious, dangerous or unsafe to the public.

C. Any pursuit followed or acts done or acts failed to be done by any person that is injurious, dangerous or unsafe to the public.

D. Any obstruction caused or permitted on any street, sidewalk, public or private alley that is injurious, dangerous, offensive, unsafe or unhealthy to the public.

E. The maintaining, using, placing, depositing, leaving or permitting to be or remaining on any public or private property of furniture, bedding, refrigerators, freezers, heating stoves, kitchen ranges, laundry and dish washing equipment, air conditioning units, or any other appliances, articles or equipment designed for use inside a dwelling unit, if stored, placed or set upon the ground on any open porch, in any attached carport, in any free standing carport, or in any garage or shed that is without doors to conceal such articles.

F. Trash, debris or junk shall not exceed the top level of the dumpster or trash container and its contents shall not be visible to the public.

Owner:  Includes each of the last owner(s) of record of a vehicle, vessel or trailer found abandoned and not shown to be transferred pursuant Missouri Revised Statute §§ 301.196 and 301.197 shall be deemed prima facie evidence of ownership of the vehicle, vessel or trailer at the time it was abandoned and the person who abandoned the vehicle, vessel or trailer or caused or procured its abandonment. The registered owner of the abandoned vehicle, vessel or trailer shall not be subject to the penalties provided by this ordinance if the vehicle, vessel or trailer was in the care, custody or control of another person at the time of the violation.  In such instance, the owner shall submit that evidence in an affidavit permitted by the court setting forth the name, address and other pertinent information of the person who leased, rented or otherwise had care, custody or control of the vehicle, vessel or trailer at the time of the alleged violation.

SECTION 2 – Prohibitions and penalty.

A. Abandoned property prohibited. No person shall abandon any vehicle or property on the right-of-way of any public road or state highway or on any private real property owned by another without his consent.

B. Open storage of damaged or disabled vehicles and junk or public safety hazards prohibited. The open storage of damaged or disabled vehicles and junk or other vehicles deemed by the City to constitute a nuisance or public safety hazard is prohibited. Damaged, disabled or unlicensed vehicles on private property shall not be cited for a violation so long as all weeds, debris, pools of water are kept from around and under the vehicle and the vehicle is not resting on blocks, bricks or other device except for inflated vehicle tires; and further, the vehicle shall be covered from view by a secured tarpaulin or other waterproof material; and so long as there is no more than one damaged, disabled or unlicensed vehicle on the private property.  Nothing in this subsection shall apply to a vehicle that is completely enclosed within a locked building or locked fenced area and not visible from adjacent public or private property, nor to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and the property is in compliance with applicable ordinances.

C. Obstructing the flow of traffic prohibited. Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle that for any reason obstructs the regular flow of traffic on the roadway of any public road or state highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.

D. Penalty. Any person who fails to comply with the requirements of this Ordinance, upon conviction thereof, shall be punished by a fine not to exceed $500.00, imprisonment not to exceed 90 days or a combination of both fines and imprisonment.

SECTION 3 – Towing of abandoned property on public real property.

A. Any law enforcement officer of the Rich Hill Police Department, where the City’s real property is concerned, may tow or may authorize a towing company to remove to a place of safety:

1. Any abandoned property on the right-of-way of any state highway, or interstate highway or freeway left unattended for more than 48 hours, provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this section to a place of safety until the owner or owner’s representative has had a reasonable opportunity to contact a towing company of choice;
2. Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;
3. Any abandoned property that has been abandoned under Section 3 or Missouri Revised Statute § 577.080;
4. Any abandoned property that has been reported as stolen or taken without consent of the owner;
5. Any abandoned property for which the person operating the property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property’s timely removal;
6. Any abandoned property due to any other state law or city ordinance that is subject to towing because of the owners’ outstanding traffic or parking violations;
7. Any abandoned property left unattended in violation of a state law or city ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard.

B. When the Police Department authorizes a tow pursuant to this Section and the abandoned property is moved from the immediate vicinity, the Police Department shall complete a crime inquiry and inspection report.

C. The Police Department and any police officer having custody of abandoned property under this Article shall not be liable for any damage to the abandoned property occasioned by a removal authorized by this Section, other than damages occasioned by negligence or by willful or wanton acts or omissions.

 SECTION 4 – Towing of abandoned property on private real property authorized by Police Department.

A. The Police Department may tow motor vehicles from private real property that are:

1. deemed a public nuisance or safety hazard pursuant to Section 3; or
2. derelict, junk, scrapped, disassembled or otherwise harmful to the public health.

B. If a person abandons property on any real property owned by another without the consent of the owner or person in possession of the real property, at the request of the person in possession of the real property, any city police officer may authorize a towing company to remove the abandoned property from the real property in the following circumstances:

1. The abandoned property is left unattended for more than 48 hours; or
2. In the judgment of the police officer, the abandoned property constitutes a public nuisance, safety hazard or unreasonably interferes with the use of the real property by the person in possession.

SECTION  5 – Towing of abandoned property authorized by owner, lessee or security manager without police authorization; requirements of owner, lessee, or security manager; requirements of tow companies; requirements of city police department.

A. The owner of real property, lessee in lawful possession of the real property or security manager of the real property may authorize a towing company to remove abandoned property or property parked in a restricted or assigned area without authorization by a law enforcement officer only when the owner, lessee or security manager of the real property is present. A security manager must be a full-time employee of a business entity. An authorization to tow pursuant to this Section may be made only under any of the following circumstances:

1. Sign. There is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches, with lettering not less than one 1 inch high, prohibiting public parking and indicating that unauthorized abandoned property or property parked in a restricted or assigned area will be removed at the owner’s expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local law enforcement agency where information can be obtained or a 24-hour staffed, emergency information telephone number where the owner of the abandoned property or property parked in a restricted or assigned area may call to receive information regarding the location of the owner’s property; or
2. Unattended on owner-occupied residential property. The abandoned property is left unattended on owner-occupied residential property with 4 residential units or less and the owner, lessee or security manager has notified the Police Department, and 10 hours have elapsed since that notification; or
3. Unattended on other private real property. The abandoned property is left unattended on private real property, and the owner, lessee or security manager has notified the Police Department, and 96 hours have elapsed since that notification.

B. Any owner, lessee in lawful possession or security manager of real property that requests a towing company to tow abandoned property without authorization from a police officer shall at that time complete an abandoned property report, which shall be considered a legal declaration subject to criminal penalty pursuant to Missouri Revised Statute § 575.060. The crime inquiry and inspection report shall be in the form designed, printed and distributed by the Missouri Director of Revenue and shall contain the information set forth in Section 5, including but not limited to:

1. A description of any damage to the abandoned property noted by owner, lessee or security manager;
2. The physical location of the property and the reason for requesting the property to be towed;
3. The printed name, address and telephone number of the owner, lessee or security manager;
4. The signature of the owner, lessee or security manager attesting to the facts that the property has been abandoned for the time required by this Section and that all statements on the report are true and correct to the best of the person’s knowledge and belief and that the person is subject to the penalties for making false statements;
5. Space for the name of the law enforcement agency notified of the towing of abandoned property and for the signature of the law enforcement official receiving the report; and

C. Any towing company which tows abandoned property without authorization from the Police Department pursuant to Section 4.a(2) shall deliver a copy of the abandoned property report to the Police Department. The copy may be produced and sent by facsimile machine or other device that produces a near exact likeness of the print and signatures required, but only if the Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose; provided, however, towing companies are not required to be registered for such purposes with the city police department so long as the city is located either within a third or fourth class county. The report shall be delivered within 2 hours if the tow was made from a signed location pursuant to Section 4.a (1); otherwise, the report shall be delivered within 24 hours.

D. Except for the removal of abandoned property authorized by the Police Department pursuant to this Section, a towing company shall not remove or commence the removal of abandoned property from private real property without first obtaining written authorization from the real property owner, a lessee or the security manager. All written authorizations shall be maintained for at least 1 year by the towing company.

E. General authorization to remove or commence removal of abandoned property at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within 15 feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshal.

F. The Police Department, after receiving an abandoned property report, shall record the date the abandoned property report is filed with the Police Department and shall promptly make an inquiry into the national crime information center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The Police Department shall enter the information pertaining to the towed property into the statewide law enforcement computer system. A police officer shall sign the abandoned property report and provide the towing company with a signed copy.

G. The Police Department, after receiving notification that abandoned property has been towed by a towing company, shall search the records of the State Department of Revenue and provide the towing company with the latest owner and lienholder information on the abandoned property. If the abandoned property is not claimed within 10 working days, the towing company shall send a copy of the abandoned property report, signed by a law enforcement officer, to the Department of Revenue.

H. No owner, lessee, or security manager shall knowingly authorize the removal of abandoned property in violation of this Ordinance.

SECTION  6 – Crime inquiry and inspection report.

A. When vehicles are towed by the Police Department or pursuant to its authorization, the Police Department shall promptly make an inquiry with the NCIC and any statewide law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow; one copy shall be provided to and retained by the storage facility, and; one copy shall be retained by the towing facility in an accessible format for a period of 3 years from the date of the tow or removal.

B. If the abandoned property is not claimed within 10 working days of the towing, the Police Department shall submit a crime inquiry and inspection report to the Director of Revenue. A towing company in possession of abandoned property after 10 working days shall report this fact to the Police Department.

C. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:

1. The year, model, make and property identification number of the property and the owner and any lienholders, if known;
2. A description of any damage to the property noted by the law enforcement officer authorizing the tow;
3. The license plate or registration number and the state of issuance, if available;
4. The storage location of the towed property;
5. The name, telephone number and address of the towing company;
6. The date, place and reason for the towing of the abandoned property;
7. The date of the inquiry of the NCIC, any statewide law enforcement computer system, and any other similar system that has titling and registration information to determine if the abandoned property had been stolen. This information shall be entered only by the City Police Department;
8. The signature and printed name of the officer authorizing the tow and the towing operator; and
9. Any additional information the Director of Revenue deems appropriate.

SECTION 7 – Notice to owner and lienholder of abandoned property.

A. Notice of the removal of any abandoned property shall be made in writing within 5 working days to the registered owner and any lienholder, the grounds for the removal, and the place to which the property has been removed by either:

1. The public agency authorizing the removal; or
2. The towing company where authorization was made by an owner, lessee or security manager.

B. If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this Ordinance shall include the amount of mileage, if available, shown on the abandoned property at the time of removal.

SECTION 8 – City liability.

Neither the City Police Department, any city police officer, other city official nor anyone having custody of abandoned property under the direction of the Chief of Police shall be liable for any damage to abandoned property occasioned by a removal authorized by this Ordinance other than damages caused by negligence or by willful or wanton acts or omissions.

SECTION 9 – Real property owner liability.

Any owner, lessee or security manager causing the removal of abandoned property from the real property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements imposed by Section 4.

SECTION 10 – Tow company liability.

A. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner, lessee or security manager who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal.

B. Any towing company that removes abandoned property at the direction of the owner, lessee or security manager shall be responsible for any damage caused by the towing company to the property in the transit and subsequent storage of the property;

C. Any towing company or any affiliate of a towing company that removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner, lessee, security manager or any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Section 4 d and e, is liable to the owner of the abandoned property for 4 times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this Section.

SECTION 11 – Maximum charges; penalty.

A. The City may establish maximum reasonable towing, storage and other charges that can be imposed by towing and storage companies operating within the City; these charges must be consistent with Missouri Revised Statutes §§ 304.155 to 304.158.

B. A towing company may only assess reasonable towing and/or storage charges for abandoned property towed without the consent of the owner of the abandoned property. Reasonable towing and/or storage charges shall not exceed the charges for vehicles which have been towed and/or stored with the consent of the owner on a negotiated basis. Storage charges may be assessed only for the time during which the towing company complies with the procedural requirements of this Ordinance.

C. A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of abandoned property at the request of the owner, lessee or security manager if the owner of the abandoned property or the owner’s agent returns to the abandoned property before it is removed from the private real property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

D. Any violation of the established maximum charges by a towing company or storage facility shall be deemed a violation of this section and is punishable by a fine not to exceed $500.

 SECTION 12 – Payment of charges by owner.

The owner of abandoned property removed pursuant to this Ordinance shall be responsible for payment of all reasonable charges for towing and storage of the abandoned property.

SECTION 13 – Reclaiming property.

The owner of abandoned property or the holder of a valid security interest of record may reclaim it from the towing company and/or storage facility upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the abandoned property.

SECTION 14 – Lienholder repossession.

If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel without the knowledge or cooperation of the owner, then the repossessor shall notify the Police Department within 2 hours of the repossession and shall further provide the Police Department with any additional information the Police Department deems appropriate. The Police Department shall make an inquiry with the NCIC and the statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.

SECTION 15 – Towing and storage liens; notice to owner and lienholder of abandoned property; search of abandoned property; application for title; compliance with state law.

A. Any person who removes abandoned property at the direction of a law enforcement officer pursuant to this Ordinance shall have a lien for all reasonable charges for the towing and storage of the abandoned property until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record. Such lien shall be enforced in the manner provided under Missouri Revised Statute § 304.156.

1. Any personal property within the abandoned property need not be released to the owner thereof until the reasonable or agreed charges for the recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request.
2. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property.  An itemized receipt for the contents shall be provided to the owner of the abandoned property upon the property owner’s request.  The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property.

B. Any towing company and/or storage facility which comes into possession of abandoned property pursuant to this Ordinance and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the Department of Revenue or of a corresponding agency in any other state. The towing company and/or storage facility shall notify the owner and any lienholder within 10 business days of the date of mailing indicated on the notice sent by the Department of Revenue pursuant to Missouri Revised Statute § 304.156, by certified mail, return receipt requested. The notice shall contain the following:

1. The name, address and telephone number of the tow company and/or storage facility;
2. The date, reason and place from which the abandoned property was removed;
3. A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;
4. A statement that the tow company and/or storage facility claims a possessory lien for all such charges;
5. A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;
6. A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in Section 16 to contest the propriety of such towing or removal;
7. Statement that if the abandoned property remains unclaimed for 30 days from the date of mailing the notice, title to the abandoned property shall be transferred to the person, company or facility in possession of the abandoned property free of all prior liens; and
8. A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

C. Physical search of property. In the event that the Department of Revenue notifies the towing company and/or storage facility that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the towing company and/or storage facility shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company and/or storage facility must certify that a physical search of the abandoned property disclosed no ownership documents were found and a good faith effort has been made. For purposes of this section, good faith effort means that the following checks have been performed by the company to establish the prior state of registration and title:

1. Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a state of possible registration and title;
2. Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;
3. Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and
4. If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

D. Application for title: Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement pursuant to this Section, if the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession of the abandoned property for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in Section 15, the lienholder in possession may apply to the Director of Revenue for a certificate. The application for title shall be accompanied by:

1. An affidavit from the lienholder in possession that he has been in possession of the abandoned property for at least 30 days, and the owner of the abandoned property or holder of a security agreement has not made arrangements for payment of towing and storage charges;
2. An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in this Section;
3. A copy of the abandoned property report or crime inquiry and inspection report;
4. A copy of the 30-day notice given by certified mail to any owner and person holding a valid security interest and a copy of the certified mail receipt indicating the owner and lienholder of record were sent a notice as required in this Section; and
5. A copy of the envelope or mailing container showing the address and postal markings indicating that the notice was “not forwardable” or “address unknown”.                                 If notice to the owner and holder of a security agreement has been returned marked “not forwardable” or “addressee unknown”, the lienholder in possession shall comply with subsection c of this section.

E. Towing companies and storage facilities must comply with all requirements and responsibilities set forth in Missouri Revised Statutes §§ 304.155 through 304.158, and any provisions referenced therein.

 SECTION 16 – Hearing.

A. The owner of abandoned property removed pursuant to this Ordinance or any person claiming a lien, other than the towing company, within 10 days after the receipt of notification from the towing company pursuant to Section 6 may file a petition in the Associate Circuit Court in Bates County, Missouri to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or security manager of the real property from which the abandoned property was removed. The Director of Revenue shall not be a party to such petition, but a copy of the petition shall be served on the Director of Revenue.

B. Upon filing of a petition in the Associate Circuit Court, the owner, holder of a security agreement on the abandoned property or any person claiming a lien, other than the towing company and/or storage facility, may have the abandoned property released upon posting with the Court a cash or surety bond or other adequate security equal to the amount of the charges for towing and storage to ensure the payment of such charges in the event Petitioner does not prevail. Upon the posting of the bond and the payment of the applicable fees, the Court shall issue an order notifying the towing company and/or storage facility of the posting of the bond and directing the towing company and/or storage facility to release the abandoned property. At the time of the release, after reasonable inspection, the owner, holder of a security agreement on the abandoned property or any person claiming a lien, other than the towing company and/or storage facility shall give a receipt to the towing company and/or storage facility reciting any claims for loss or damage to the abandoned property or the contents thereof.

C. Upon determining the respective rights of the parties, the final order of the Court shall provide for immediate payment in full of recovery, towing, and storage fees by the abandoned property owner or lienholder or by the owner, lessee, or security manager of the real property from which the abandoned property was removed.

D. A towing and storage lien shall be enforced as provided in Section 15.

SECTION 17 – Sale of abandoned property by City.

A. If the vehicle, part or junk is unredeemed after the expiration of 30 days, the City Superintendent may sell it to the highest bidder, or if it has no sale value may otherwise dispose of it. If the City opts to sell the property, it may transfer ownership by means of a bill of sale signed by the City Clerk and sealed with the official City seal. The bill of sale shall contain the year, make and model of the abandoned property, the complete abandoned property identification number and the odometer reading of the abandoned property, if available, and shall be lawful proof of ownership for any dealer registered under the provisions of Missouri Revised Statutes §§ 301.218 or 301.560, or for any other person.

B. Any dealer or other person purchasing property from the City shall apply within 30 days of the purchase for a certificate. Any money received from disposal of any vehicle, part or junk shall be applied to the expenses charged to the owner; however, if the owner cannot be found within 30 days of the sale, the surplus, if any, shall become the property of the City.

C. Notice of sale: Prior to the sale of any such property, the City Superintendent shall post a notice in City Hall, the place of storage and at least 1 other public place in the City; the notice shall not be posted less than 10 or more than 30 days prior to the date of the sale; and the notice shall state:

1. The City is selling abandoned property;
2. The color, year, make, motor number, serial number, if available, and any other information necessary for an accurate identification of the property;
3. The terms of the sale; and
4. The date, time and place of the sale.

D. Insider sales. No city officer or employee shall acquire at these sales any property seized pursuant to this Ordinance.

E. Violations. Any person who knowingly violates any provisions of this Ordinance shall upon conviction be punished by a fine not to exceed $500.

Any ordinance or parts of ordinances 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 10^TH DAY OF JANUARY 2017

2^ND READING 10^TH DAY OF JANUARY 2017

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 10TH DAY   OF JANUARY 2017.

______________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

[i] For informational purposes, authority for provisions of this ordinance are found in Missouri Revised Statute §§ 301.218; 301.560;  304.001; 304.154 through 304.158; 575.060; 577.080.

This Ordinance added a definition for abandoned property and expanded the definition of owner.  This ordinance was also separated from the other provisions of prior ordinance and made a separate ordinance dealing only with abandoned property and junk.

For informational purposes, this Ordinance replaces the following:  Ordinance No. 1415, enacted August 12, 2014; Ordinance No. 1401, enacted July 9, 2013; Ordinance No. 1367, enacted August 9, 2011; Ordinance No.  1355, enacted October 26, 2010; Ordinance No. 1339, enacted July 28, 2009; Ordinance No. 1138, enacted July 8, 2008; Ordinance No.  1317, enacted June 24, 2008; Ordinance No. 1220, enacted November 9, 2004; Ordinance No.1194, enacted November 12, 2003; Ordinance No. 0934, enacted November 13, 1984; Ordinance No. 0887, enacted February 12, 1980; Ordinance No. 0721 (date of enactment unknown); Revised Ordinance No. 0521, Chapter 16. enacted on August 14, 1923.

An Ordinance DESIGNATING THE BATES COUNTYASSOCIATE CIRCUIT AS MUNICIPAL COURT FOR RICH HILL, MISSOURI, assessment of court costs, providing for municipal court bonds and payment in lieu of court appearance

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WHEREAS, Missouri statute specifically allows the City to choose to operate a separate municipal court or to request the state-paid court system to hear municipal cases,

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

ARTICLE I – MUNICIPAL COURT

SECTION 1 – Municipal Court

The 27^th Judicial Circuit Court of Bates County, Missouri is hereby designated as the Municipal Court of Rich Hill, Missouri.

SECTION 2 – Effective Date

Rich Hill shall transfer all of its records concerning the Rich Hill Municipal Court in a timely manner, and the court shall be established in Butler, Missouri at the Bates County Circuit Courthouse, effective April 1, 2017.

ARTICLE II – COURT COSTS

SECTION 1 – Court Costs

1. In addition to any fine that may be imposed by the Judge, there shall be assessed as costs in all cases where the Defendant pleads guilty or is found guilty the following:

1. Clerk Fee                                                             $15.00                         §479.260

2. Statewide Court Automation                          $  7.00                         §476.053

These monies shall be credited to the court automation fund and shall be paid to the            State Treasurer to pay for the automation of the Rich Hill Municipal Court.

3. Law Enforcement Training Fund                  $  2.00                         §590.140

These monies shall be credited to the law enforcement train fund and shall be paid to            the State Treasurer to be expended for the training required by §580.150 of the                      Missouri Revised Statutes, providing that any excess funds not required to pay for                such training may be used to pay for additional training for peace officers or for                   training other law enforcement officers employed or appointed by the City.

4. Peace Officers Standards                                $  1.00                         §488.5336

and Training Fund

These monies shall be sent to the Missouri Treasurer to be expended for law                           enforcement training pursuant to §590.140 of the Missouri Revised Statutes.

5. Victims of Domestic Violence                        $  2.00                         §488.607

These monies shall be collected for the purpose of providing operating expenses for              shelters of domestic violence established pursuant to Missouri Revised Statutes                     §§455.200 through 455.230.  The Judge may waive assessment of this cost in cases              where the defendant is found by the Judge to be indigent and unable to pay the costs.

6. Inmate Security Fund                                     $  2.00                         §488.5026

These monies shall be credited to the Inmate Security Fund.

 

7. Crime Victim’s Compensation Fund              $ 7.50                          §595.045

8. Costs for issuance of a warrant, commitment, summons, subpoena, continuance or other process or proceeding as provided before the Associate Circuit Judge in criminal cases in the 27^th Judicial Circuit.

9. Apprehension and confinement costs shall be the actual costs assessed against the City by the County Sheriff.

10. Actual expense incurred in any other confinement facility.

11. Mileage in the same amount as authorized for the Sheriff for each mile or fraction thereof an officer must travel (round-trip) in order to serve any warrant, commitment or order of the Court.

12. Sheriff Retirement Fund Surcharge                $ 3.00                          §57.955

The City shall have an agreement with the State of Missouri to collect these funds and          direct them to the Missouri Sheriff’s Retirement Fund.

30. A trial de novo application shall be $30.00 (§488.020)

SECTION 2 – Court Costs Assessment

The costs of any action may be assessed against the prosecuting witness and a judgment entered against the witness ordering the witness to pay the same and that the witness be committed until the costs are paid in any case where the Municipal Judge finds that the prosecution commenced vexatiously or without probable case or, in such case when the prosecuting witness fails to appear without good cause, or upon appearing, refuses to testify on other constitutional grounds.

ARTICLE III – BAIL OR APPEARANCE COURT BONDS, FAILURE TO APPEAR, PAYMENT OF FINES AND COSTS IN LIEU OF APPEARANCE

SECTION 1 – Court Bonds

A. Any person arrested for violation, failure, neglect or refusal to comply with any provision, regulation or requirement of any ordinance may be admitted to bail by: executing a bail bond to the City with good and sufficient security to be approved by the Judge, or in his absence or inaccessibility, by the Clerk of the Court, in the amount of not less than $2.00 and not more than $500, conditioned that such person shall appear upon the day named therein (no later than  30 days from the date of the bond), before the Court and await the trial upon the charge against him.

B. Every bail bond shall be filed forthwith with the Clerk of the Court by the officer taking the bond, provided that no attorney, police officer or any officer of the City, whether elected or appointed, shall be taken as security upon any bail provided for in this Section.

C. In lieu of sureties on the bond, the Judge or in his absence or inaccessibility, the Clerk of the Court or in her absence or inaccessibility, may permit the posting of a cash bond, and the Chief of Police or the Assistant Chief of Police or any officer in charge of the police department, shall state on the bail bond the receipt of the cash deposit.

D. The City shall in no manner be responsible to any depositor of a cash bail bond. However, the person receiving the cash deposit shall be prosecuted by the City Attorney or other proper officer for failure to account for and pay over the deposit.

SECTION 2 – Failure of Defendant to Appear

A. If a defendant giving a bail bond on cash bond shall fail to appear when and where the case is called in the Court, the Judge may order the defendant to be apprehended and brought before him, or the Judge may render a judgment or forfeiture for the full amount of the bond or deposit at which time the bond or deposit shall be forfeited.

1. If a bail bond has been given, the amount of the judgment thereon shall be collected from the defendant and his sureties according to law, including the issuance of execution.
2. If a cash deposit has been made, and the deposit is declared forfeited, the deposit shall at once be delivered to the Chief of Police, who shall make an entry of its receipt as part of the record of the case and shall hold the money for 4 days, at the end of which the Chief of Police shall deliver the money to the City Clerk.

B. The Judge may, for good cause, set aside the forfeiture at any time within 4 days from the date of forfeiture.

SECTION 3 – Payment of Standard Fine and Costs in Lieu of Court Appearance

Except for those cases as designated by the Municipal Court that require the appearing in Court by the defendant or for any other offense that the officer who has written the citation indicates that the defendant must appear in Court, a defendant charged with a municipal ordinance violation may pay the standard fine and costs, as approved by the Judge, in lieu of a Court appearance, provided that the payment is made to the Court Clerk prior to the scheduled Court date.

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

This Ordinance shall be in full force and effect from the date it is passed and approved.[i]

1^ST READING 10^TH DAY OF JANUARY 2017

2^ND READING 10^TH DAY OF JANUARY 2017

This Ordinance was read, passed, and approved this 10th day of January 2017.

Attest:

_____________________________     ______________________________

Jennifer Perkey-Ewing, Mayor                           Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Robb, Rich

Nays: None

[i]This Ordinance transferred the Rich Hill Municipal Court to the Bates County Circuit Court in Butler, Missouri.  Article II, Section A.1 increased the clerk fees from $12 to $15 and Article II, Section A.2 added a Statewide Court Automation fee of $7.00

For informational purposes, this Ordinance repeals and replaces the following:   Ordinance N. 1405, enacted August 23, 2013.

AN ORDINANCE ESTABLISHING A FEE IN LIEU OF TAX IMPOSED ON COLLECTION OF WASTE WATER SUPPLIED WITHIN THE CITY LIMITS BY THE CITY OF RICH HILL, MISSOURI

_____________________________________________________

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

SECTION 1 – Fee imposed.

Each person engaged in the collection of wastewater in the city shall pay to the city as a fee, in lieu of any other rental, occupation, license or merchandising tax, a sum equal to seven and one half percent of the gross receipts of such person derived from such person’s collection of wastewater revenues for domestic and commercial consumption to domestic and commercial customers of such person located within the present or any future boundaries of the city.

SECTION 2 – “Person” defined.

The term “person,” as used in this division, means and includes any individual, partnership, firm, corporation, association, trustee or receiver, or any other group or combination of individuals acting as a unit, or any other form of business organization, except that the word “person” as herein used shall not include the grantee of a franchise.

SECTION 3. – Payment.

Each such person shall, on or before the last day of each succeeding month based upon the gross receipts from the preceding calendar month, pay or issue a credit for the tax then due on the gross receipts of such person. If such a person is requires to pay bond payments, such payments shall be deducted from gross receipts prior to payment.

SECTION 4. – Delinquency penalty.

If such person shall willfully fail or refuse to pay or issue a credit for the license tax herein provided, when due, said person shall, for the first 90 days or any part thereof, pay in addition to such tax a penalty of ten percent of the license tax due and unpaid, and, for each succeeding month or any part thereof following said 90-day period, pay, as an additional penalty, one percent of such tax due from such person as long as the same shall remain unpaid.

Any ordinance or parts of ordinances 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.

1^ST READING ON THIS THE 13^TH DAY OF DECEMBER 2016

2^ND READING ON THIS THE 13^TH DAY OF DECEMBER 2016

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF DECEMBER 2016.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Rich, Pilcher

Nays: None

Robb absent

AN ORDINANCE ESTABLISHING A FEE IN LIEU OF TAX IMPOSED ON WATER SUPPLIED WITHIN THE CITY LIMITS BY THE CITY OF RICH HILL, MISSOURI

_____________________________________________________

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

SECTION 1 – Fee imposed.

Each person engaged in the supply of water business in the city shall pay to the city as a fee, in lieu of any other rental, occupation, license or merchandising tax, a sum equal to seven and one half percent of the gross receipts of such person derived from such person’s sale of water for domestic and commercial consumption to domestic and commercial customers of such person located within the present or any future boundaries of the city.

SECTION 2 – “Person” defined.

The term “person,” as used in this division, means and includes any individual, partnership, firm, corporation, association, trustee or receiver, or any other group or combination of individuals acting as a unit, or any other form of business organization, except that the word “person” as herein used shall not include the grantee of a franchise.

SECTION 3. – Payment.

Each such person shall, on or before the last day of each succeeding month based upon the gross receipts from the preceding calendar month, pay or issue a credit for the tax then due on the gross receipts of such person. If such a person is requires to pay bond payments, such payments shall be deducted from gross receipts prior to payment.

SECTION 4. – Delinquency penalty.

If such person shall willfully fail or refuse to pay or issue a credit for the license tax herein provided, when due, said person shall, for the first 90 days or any part thereof, pay in addition to such tax a penalty of ten percent of the license tax due and unpaid, and, for each succeeding month or any part thereof following said 90-day period, pay, as an additional penalty, one percent of such tax due from such person as long as the same shall remain unpaid.

Any ordinance or parts of ordinances 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.

1^ST READING ON THIS THE 13TH DAY OF DECEMBER 2016

2^ND READING ON THIS THE 13TH DAY OF DECEMBER 2016

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF DECEMBER 2016.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Rich

Nays: None

Robb Absent

AN ORDINANCE ESTABLISHING A FEE IN LIEU OF TAX IMPOSED ON REFUSE WITHIN THE CITY LIMITS BY THE CITY OF RICH HILL, MISSOURI

_____________________________________________________

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

SECTION 1 – Fee imposed.

Each person engaged in the refuse business in the city shall pay to the city as a fee, in lieu of any other rental, occupation, license or merchandising tax, a sum equal to seven and one half percent of the gross receipts of such person derived from such person’s sale of refuse services for domestic and commercial consumption to domestic and commercial customers of such person located within the present or any future boundaries of the city.

SECTION 2 – “Person” defined.

The term “person,” as used in this division, means and includes any individual, partnership, firm, corporation, association, trustee or receiver, or any other group or combination of individuals acting as a unit, or any other form of business organization, except that the word “person” as herein used shall not include the grantee of a franchise.

SECTION 3. – Payment.

Each such person shall, on or before the last day of each succeeding month based upon the gross receipts from the preceding calendar month, pay or issue a credit for the tax then due on the gross receipts of such person.

SECTION 4. – Delinquency penalty.

If such person shall willfully fail or refuse to pay or issue a credit for the license tax herein provided, when due, said person shall, for the first 90 days or any part thereof, pay in addition to such tax a penalty of ten percent of the license tax due and unpaid, and, for each succeeding month or any part thereof following said 90-day period, pay, as an additional penalty, one percent of such tax due from such person as long as the same shall remain unpaid.

Any ordinance or parts of ordinances 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.

1^ST READING ON THIS THE 13^th DAY OF DECEMBER 2016

2^ND READING ON THIS THE 13^TH DAY OF DECEMBER 2016

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13TH DAY OF DECEMBER 2016.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Rich

Nays: None

Robb absent

AN ORDINANCE ESTABLISHING A FEE IN LIEU OF TAX IMPOSED ON POWER AND LIGHT WITHIN THE CITY LIMITS BY THE CITY OF RICH HILL, MISSOURI

_____________________________________________________

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

SECTION 1 – Fee imposed.

Each person engaged in the power and light business in the city shall pay to the city as a fee, in lieu of any other rental, occupation, license or merchandising tax, a sum equal to seven and one half percent of the gross receipts of such person derived from such person’s sale of electrical energy for domestic and commercial consumption to domestic and commercial customers of such person located within the present or any future boundaries of the city.

SECTION 2 – “Person” defined.

The term “person,” as used in this division, means and includes any individual, partnership, firm, corporation, association, trustee or receiver, or any other group or combination of individuals acting as a unit, or any other form of business organization, except that the word “person” as herein used shall not include the grantee of a franchise.

SECTION 3. – Payment.

Each such person shall, on or before the last day of each succeeding month based upon the gross receipts from the preceding calendar month, pay or issue a credit for the tax then due on the gross receipts of such person.

SECTION 4. – Delinquency penalty.

If such person shall willfully fail or refuse to pay or issue a credit for the license tax herein provided, when due, said person shall, for the first 90 days or any part thereof, pay in addition to such tax a penalty of ten percent of the license tax due and unpaid, and, for each succeeding month or any part thereof following said 90-day period, pay, as an additional penalty, one percent of such tax due from such person as long as the same shall remain unpaid.

Any ordinance or parts of ordinances 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.

1^ST READING ON THIS THE 13^th DAY OF DECEMBER           2016

2^ND READING ON THIS THE 13^th DAY OF DECEMBER 2016

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF DECEMBER 2016.

________________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

______________________________

Brittany Schenker, City Clerk

Ayes: Humble, Pilcher, Rich

Nays: None

Robb absent

AN ORDINANCE REPEALING ORDINANCE 794 THAT ESTABLISHED AN AUXILIARY POLICE FORCE FOR THE CITY OF RICH HILL, MISSOURI

______________________________________________________________

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

1. The City of Rich Hill, Missouri has a regular police force with police officers that are assigned regularly scheduled on-duty hours per week.

2. With the consent of the Mayor and the Board of Aldermen, The Chief of Police is authorized to retain auxiliary police officers as and when required.

3. There is no longer a need for an established auxiliary police force as such is no longer necessary.

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

The repeal Ordinance 794 shall be in force and affect from and after its passage and approval of this Ordinance as provided by law.[i]

First reading October 25, 2016

Second reading October 25, 2016

PASSED THIS 25 DAY OF October 2016.

Ayes:  Humble, Pilcher, Rich

Nays: None

Robb was absent.

­­___________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

___________________________________

Brittany Schenker, City Clerk

[i] This ordinance repeals Ordinance No. 794, enacted June 12, 1973.

AN ORDINANCE TO ESTABLISH THE DUTIES, HOURS AND COMPENSATION FOR THE CHIEF OF POLICE FOR THE CITY OF RICH HILL

_____________________________________________________________________________________

BE IT ORDAINED, by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

Section 1.  Job Duties

1. The Chief of Police for the City of Rich Hill shall honestly and faithfully discharge all the duties of his office as required by the laws governing cities of the fourth class, this Code and other ordinances of the City and shall specifically perform the following duties:

• Plan, direct, supervise and manage all operations of the Police Department to provide maximum service to the Community;
• Formulate and enforce departmental policies for the proper and efficient enforcement of all laws and ordinances that the Police Department is authorized to enforce;
• Establish a clear chain of command with definite channels of communication, responsibility and authority;
• Establish and maintain an effective public relations program between the department and the community that often involves speaking to citizen groups;
• Promote confidence and understanding of local government and law enforcement that includes conducting crime prevention and safety programs;
• Develop, implement and control the Police Department budget;
• Recommend officer hires to the Board of Aldermen;
• Oversight of Officers:
  • Perform limited disciplinary actions on infractions of policy, rules, regulations, laws or ordinances
  • Institute full dismissal or heavy sanctioning with the approval of the Mayor
  • Promotion and rank placement of officers with the approval of the Mayor
  • Evaluate the work performance and assignments of departmental personnel
• Coordinate and supervise all regular department activities directed toward enforcing the criminal and traffic laws, regulations and ordinances of the State of Missouri and the City of Rich Hill;
• Maintain working relationships with other law enforcement organizations including state, county and federal law enforcement personnel and with any other provider furnishing services that may enhance the quality of life in the community;
• Supervise, direct and assist with investigation work in major crimes, accidents and other unusual incidents;
• Perform patrol officer’s routine law enforcement and patrol duties as necessary for the efficient operation and maintenance of established service levels;
• Update and maintain department equipment such as police cruisers, firearms, communications equipment and uniforms;
• Report to the mayor police operations and officer for misconduct as required;
• Attend assigned Board of Aldermen meetings and prepare the monthly activity report;
• Perform related duties and responsibilities as required.

 

1. In the discharge of his duties, the Chief of Police shall be subject only to the Mayor.

 

Section 2 –   Working Hours

The Chief of Police shall work 40 hours per week.  A workweek shall begin at 7:00 a.m. on Monday and end the following Monday at 6:59 a.m.

Section 3 – Salary

The Chief of Police shall be paid a salary at an hourly rate to be set by the Board of Alderman.  Salary shall be paid weekly.

Section 4 – Benefits

The Chief of Police shall comply with the Work Rules and Procedures ordinance for the employees of the City.

Section 5 – Qualifications

The Chief of Police shall:

1. Live within 10 miles of the city limits of Rich Hill;
2. Be certified by the Department of Public Safety and meet the requirements of Peace Officer Standards Training.

 

 

 

Any ordinance or parts of ordinances 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]

 

Read 1st time this 13^th day of September 2016.

Read 2^nd time this 13th day of September 2016.

 

This Ordinance was read, passed, and approved this 13th day of September 2016.

 

 

Attest:

_____________________________                        ____________________________                                              

Jennifer Perkey-Ewing, Mayor                                  Brittany Schenker, City Clerk                       

 

Ayes: Humble, Pilcher, Rich. Robb                                                               ……

Nays:

 

 

 

 

 

 

 

 

[i] This ordinance replaces and repeals Ordinance No. 1402, enacted on July 9, 2013.

AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF A TAX ON BANKS AND BANKING INSTITUTIONS FOR THE PRIVILEGE OF DOING BUSINESS WITHIN THE CITY OF RICH HILL, MISSOURI

 

Be it ordained and enacted by the Board of Aldermen of the City of Rich Hill, Missouri, as follows:

ARTICLE 1

 

Definitions:

 

Banking Institution – Every bank and every trust company organized under any general or special law of the State of Missouri and any branch or office physically located within the city limits of Rich Hill, Missouri.

 

Collector – City Clerk

 

Income period – The calendar year or relevant portion thereof next preceding the taxable year.

 

Taxable year – The calendar year in which the tax is payable.

 

Taxpayer – Any banking institution subject to any tax imposed by this ordinance.

 

ARTICLE II

 

1. Every banking institution shall be subject to an annual tax for the privilege of exercising its corporate franchises with the City according to and measured by its net income for the preceding year.

 

2. The rate of tax for each taxable year shall be 7% of the taxpayer’s net income for the income period.

 

 

ARTICLE III

 

1. Gross Income: Includes all gains, profits, earnings and other income of the taxpayer from whatever sources derived during the income period, including but not limited to:
2. Interest from obligations issued by the United States government or any political subdivision or any instrumentality thereof, or any state or political subdivision thereof:
3. All rents, compensation for services, commissions, brokerage and other fees;
4. All gains or profits from the sale or other disposition of any property, real or personal, tangible or intangible.

 

Dividends received on share of stock of any banking institution liable to a tax under this ordinance shall not be included in gross income.

 

2. Net Income: Gross income as defined in Paragraph 1 of this Article minus the deductions allowed in Paragraph 3 of this Article.

 

3. In computing net income there shall be allowed as deductions all ordinary and necessary expenses paid or incurred by the taxpayer during the income period in carrying on its trade or business. Without limiting the generality of the foregoing, there shall be allowed as deductions a reasonable allowance for:
4. Salaries and other compensation for personal services actually rendered;
5. Rents, repairs and bad debts and debts ordered to be charged off by the director of finance or the comptroller of the currency of their respective examiners as the case may be;
6. Interest;
7. Cost of insurance and advertising;
8. All taxes paid or accrued during the income period to the United States, to the State of Missouri or any political subdivision thereof during the relevant income tax period, including without limitation, state and local sales and use taxes with respect to the taxpayer’s purchases of tangible personal property and the services enumerated in Chapter 144 of the Missouri Revised Statutes.
9. Reasonable allowances for depreciation and depletion; amortization of premiums on bonds, debentures, notes or other securities or evidences of indebtedness;
10. Payment or contribution to or on account of any pension or retirement fund of plan for its officers or employees;
11. Contributions to any corporation, association or fund operated exclusively for religious, charitable, scientific, literary or educational purposes, not part of the net earnings of which inure to the benefit of any private shareholder or individual to an amount which does not exceed 5% of the taxpayer’s net income as computed without the benefit of this deduction;
12. Losses from the sale or disposition of any property, real or personal, tangible or intangible;
13. All other losses sustained during the income period not compensated for by insurance.

 

4. A taxpayer shall not be entitled to credits for:
5. Taxes on real estate and tangible personal property owned by the taxpayer and held for lease or rental to others;
6. Contributions paid pursuant to the unemployment compensation tax law of Missouri;
7. Taxes imposed by this ordinance;
8. Taxes imposed under Chapter 148 of the Missouri Revised Statutes;
9. Taxes imposed under Chapter 147 of the Missouri Revised Statutes for taxable years after 1985.

 

5. Net income shall be computed in accordance with the method of accounting regularly employed in keeping the books of the taxpayer, unless such method does not clearly reflect the income, in which case, the computation shall be made in accordance with such method as in the opinion of the collector does clearly reflect the income.

 

ARTICLE IV

 

1. Every taxpayer shall file a return with the Missouri Director of Revenue on or before the 15^th day of April each year, along with payment in full of the taxes owed.

 

2. If the taxpayer fails to file a return, the net income shall be estimated by the Director who will then notify the taxpayer of the proposed amount assessed pursuant to a Notice of Deficiency.

 

3. The notice of deficiency shall set forth the reason for the proposed assessment and shall be mailed by certified or registered mail to the taxpayer at its last known address unless the Director has received notice of the existence and address of a person to receive notices with respect to such taxpayer.

 

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.[1]

 

First reading this the 23^rd day of August 2016.

Second reading this the 23^rd day of August 2016.

 

PASSED THIS 23^RD DAY OF AUGUST 2016.

 

____________________________________

Jennifer Perkey-Ewing, Mayor

 

ATTEST:

 

___________________________________

Brittany Schenker, City Clerk

 

Ayes:   Humble, Pilcher, Rich, Robb

Nays:

 

[1]Chapter 148, Sections .010 through 1969, Missouri Revised Statutes, was amended several times since 1977, with the most recent amendment occurring in 1986, effective May 15, 1986.  This amendment increased the tax rate from 5% to 7% and made the Director of Revenue responsible for the distribution of taxes to the counties who then distributed the funds to the municipalities.

 

This ordinance repeals and replaces:  Ordinance No. 852, enacted September 13, 1977.

 

 AN ORDINANCE AUTHORIZING INDIVIDUALS OF CERTAIN POSITIONS AS AUTHORIZED SIGNERS FOR BANKING PURPOSES ON ACCOUNTS NOW REGISTERED OR HEREAFTER REGISTERED IN THE NAME OF THE CITY OF RICH HILL OR USING THE CITY OF RICH HILL’S FEDERAL IDENTIFICATION NUMBER.

________________________________________________________________

 

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

 

1. MAIN OPERATING ACCOUNT: Be It Resolved that the agents listed below are hereby authorized to sign or otherwise authorize checks, drafts or other payment orders (“instruments”) drawn for payment of money on the main operating account with Security Bank of Rich Hill, Missouri;

 

Further, Security Bank of Rich Hill, Missouri, is authorized to pay such checks, drafts or other payment orders drawn on the main operating account so long as such instruments bear the signature or facsimile thereof, of the below listed individuals and such signatures match the signatures on file with Security Bank of Rich Hill, Missouri.

1. Mayor
2. President of the Board
3. City Clerk
4. Assistant City Clerk
5. Clerk

 

2. ALL ACCOUNTS USING THE FEDERAL IDENTIFICATION NUMBER OF THE CITY OF RICH HILL:

Be It Further resolved that the agents listed below are authorized to sign or otherwise authorize checks, drafts or other payment orders (“instruments”) drawn for payment on all accounts under the federal identification number of the City of Rich Hill held at Security Bank of Rich Hill, Missouri.

 

Security Bank of Rich Hill, Missouri, is authorized to pay checks, drafts or other payment orders drawn on all accounts using the federal identification number of the City of Rich Hill so long as such instruments bear the signature of any two listed individuals and such signatures match the signatures on file with Security Bank of Rich Hill, Missouri.

1. Mayor
2. City Clerk
3. Assistant City Clerk

 

 

 

 

3. PERPETUAL CARE ACCOUNT: Be It Further resolved that the agents listed below are authorized to sign or otherwise authorize checks, drafts or other payment orders (“instruments”) drawn for payment on the Perpetual Care Account of the City of Rich Hill held at Security Bank of Rich Hill, Missouri.

 

Security Bank of Rich Hill, Missouri, is authorized to pay such checks, drafts or other payment orders drawn on the Perpetual Care Account so long as such instruments bear the signature of any listed individuals and such signatures match the signatures on file with Security Bank of Rich Hill, Missouri.

1. Mayor
2. City Clerk
3. Assistant City Clerk

 

4. FUND TRANSFER AGENT: Be It Further resolved, that any one of the agents listed below (“Fund Transfer Agent”) are authorized to make or verify written, telephonic or verbal requests for the transfer of funds, including wire transfers and ACH debits from the Account to other accounts of the depositor or to third parties; to enter into agreements with Security Bank of Rich Hill, Missouri, providing such fund transfers: and to designate other Fund Transfer Agents.

 

Security Bank of Rich Hill, Missouri, is authorized to honor all such fund transfers when given or purported to be given by a Fund Transfer Agent.

1. Mayor
2. City Clerk
3. Assistant City Clerk

 

5. CITY INVESTMENT AGENT: Be It Further Resolved that the City Clerk is designated as the City investment agent and is authorized to buy, sell, assign, transfer and/or deliver any and all securities owned or hereafter acquired by the City of Rich Hill. The City Clerk is authorized to enter into any agreement with Security Bank of Rich Hill, Missouri, relating to securities and investments. The City Clerk is authorized to provide Security Bank of Rich Hill, Missouri, with instructions regarding the sale, purchase or transfer of any securities held in the name of the City of Rich Hill and to receive communications from Security Bank of Rich Hill, Missouri, and sign all documents relating to the securities or investment transactions. The agents listed below are also authorized to sign all documents related to securities and investment transactions.
6. Mayor
7. City Clerk

 

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

 

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

 

Read 1^st time this 1^st day of August 2016.

Read 2^nd time this 1^st day of August 2016.

This Ordinance was read, passed, and approved this 1st day of August 2016.

 

 

Attest:

 

_____________________________                        _______________________                                              

Jennifer Perkey-Ewing, Mayor                                  Brittany Schenker, City Clerk                       

 

 

 

Ayes:   Humble, Robb, Rich

Nays:  None

Pilcher was absent

 

CERTIFICATION BY THE CLERK

 

STATE OF MISSOURI         )

) ss:

COUNTY OF BATES         )

 

I, Brittany Schenker, City Clerk of the CITY OF RICH HILL, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance is a true and correct copy of the Ordinance No. 1610 duly adopted by the Board of Alderman of the CITY OF RICH HILL, Missouri at their special meeting on the 1^st day of August 2016.

 

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

 

 

_­­­­____________­­­­­_______________________

Brittany Schenker

City Clerk of City of Rich Hill, Missouri